Filing the Notice of Appeal

Filing the Notice of Appeal

An appeal permitted by law as of right from a district court to a court of appeals may be taken only by filing a notice of appeal with the district clerk within the time allowed by Rule 4. At the time of filing, the appellant must furnish the clerk with enough copies of the notice to enable the clerk to comply with Rule 3(d). An appeal from a judgment by a magistrate judge in a civil case is taken in the same way as an appeal from any other district court judgment. An appeal by permission under 28 U.S.C. § 1293(b) or an appeal in a bankruptcy case may be taken only in the manner prescribed by Rules 5 and 6, respectively. When two or more parties are entitled to appeal from the same district court judgment or order, and their interests make joinder practicable, they may file a joint notice of appeal. They may then proceed on appeal as a single appellant.

Payment of Fees
Upon filing a notice of appeal, the appellant must pay the district clerk all required fees. The district clerk receives the appellate docket fee on behalf of the court of appeals.

Time for filing a Notice of Appeal in a Civil Case
In a civil case, except as provided by Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after the judgment or order appealed from is entered. When the United States or its officer or agency is a party, the notice of appeal may be filed by any party within 60 days after the judgment or order appealed from is entered.

Time for Filing a Notice of Appeal in a Criminal Case
In a criminal case, a defendant's notice of appeal must be filed in the district court within 14 days after the later of: (1) the entry of either the judgment or the order being appealed; or (2) the filing of the government's notice of appeal.