FAQs
How long do I have to appeal in federal court?
In most federal civil cases, a notice of appeal must be filed with the district court clerk within 30 days after entry of the judgment or appealable order. The period is generally 60 days if the United States, a federal agency, or certain federal officers or employees are parties. Certain timely postjudgment motions change when the appeal period begins, but not every motion does. Rules governing entry of judgment can also affect the calculation. Do not assume that the deadline starts when you receive the decision. Criminal, bankruptcy, and agency-review matters have different rules and should be checked separately. Federal Rule of Appellate Procedure 4(a).
Which court hears my federal appeal?
Most appeals from a United States district court go to a United States court of appeals. The appropriate appellate court depends on where the case was heard and, in some matters, the type of case. Some specialized appeals go to the United States Court of Appeals for the Federal Circuit. 28 U.S.C. § 1291.
Can I appeal before the case is over?
Usually, an appeal must await a final decision, but there are exceptions. Certain injunction orders can be appealed before the entire case is resolved. Other interlocutory appeals require permission and compliance with special procedures and deadlines. An adverse ruling during a case is not automatically appealable immediately. 28 U.S.C. §§ 1291 and 1292.
Can federal courts review administrative-agency decisions?
Some agency decisions are reviewed directly in a federal court of appeals through a petition for review, rather than a notice of appeal filed in district court. The governing statute determines which court may review the decision and the filing deadline. The ordinary 30- or 60-day civil-appeal period should not be assumed to apply. Have the decision and the governing review procedure examined promptly. Federal Rule of Appellate Procedure 15(a).
What if I miss the deadline?
Act promptly. Missing the filing deadline can prevent appellate review. In limited circumstances, the district court may extend or reopen the time to appeal a civil judgment, but those forms of relief have their own requirements and deadlines. Do not assume that an extension is available or that lack of notice automatically excuses a late filing. Federal Rule of Appellate Procedure 4(a)(5)–(6).
Important notice
This FAQ provides general information about federal civil appeals and agency review. It is not legal advice and does not address every exception or specialized proceeding. Procedures and deadlines depend on the judgment or order, the governing statutes and rules, and the case’s procedural history. Reading this page, contacting us, or requesting a file review does not by itself create an attorney–client relationship or mean that we have agreed to represent you, file an appeal, or monitor a deadline. Any agreed file review or representation is limited to its agreed scope. If you may wish to seek review, promptly consult a lawyer about your specific circumstances.
See also: Appeals in New York and Appeals in Illinois
