In a federal criminal case the time for taking an appeal is short, and it is governed by Federal Rule of Appellate Procedure 4(b). The same rule sets the government’s deadline, explains how certain post-trial motions change the clock, and authorizes a limited extension of time. This page quotes the operative rule text verbatim from the sources linked below.
The 14-Day Rule for a Defendant’s Appeal
Federal Rule of Appellate Procedure 4(b)(1)(A) states the basic criminal deadline:
“In a criminal case, a defendant’s notice of appeal must be filed in the district court within 14 days after the later of: (i) the entry of either the judgment or the order being appealed; or (ii) the filing of the government’s notice of appeal.” — Fed. R. App. P. 4(b)(1)(A)
When the government is entitled to appeal, Rule 4(b)(1)(B) gives it a longer period:
“When the government is entitled to appeal, its notice of appeal must be filed in the district court within 30 days after the later of: (i) the entry of the judgment or order being appealed; or (ii) the filing of a notice of appeal by any defendant.” — Fed. R. App. P. 4(b)(1)(B)
Post-Trial Motions Change the Clock
Rule 4(b)(3)(A) explains the effect of certain timely post-trial motions on the deadline:
“If a defendant timely makes any of the following motions under the Federal Rules of Criminal Procedure, the notice of appeal from a judgment of conviction must be filed within 14 days after the entry of the order disposing of the last such remaining motion, or within 14 days after the entry of the judgment of conviction, whichever period ends later.” — Fed. R. App. P. 4(b)(3)(A)
The provision applies to a timely motion for judgment of acquittal under Federal Rule of Criminal Procedure 29, for a new trial under Rule 33 (if based on newly discovered evidence, only if the motion is made no later than 14 days after the entry of the judgment), or for arrest of judgment under Rule 34. A notice of appeal filed after the court announces a decision, sentence, or order but before it disposes of any of those motions becomes effective on the later of the entry of the order disposing of the last remaining motion or the entry of the judgment of conviction.
Extensions: Excusable Neglect or Good Cause
Rule 4(b)(4) authorizes the district court to extend the criminal filing period:
“Upon a finding of excusable neglect or good cause, the district court may—before or after the time has expired, with or without motion and notice—extend the time to file a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed by this Rule 4(b).” — Fed. R. App. P. 4(b)(4)
Reopening in Civil Cases: Rule 4(a)(6)
In a civil case, Rule 4(a)(6) allows the district court to reopen the time to file an appeal for a short period under narrow conditions:
“The district court may reopen the time to file an appeal for a period of 14 days after the date when its order to reopen is entered, but only if all the following conditions are satisfied: (A) the court finds that the moving party did not receive notice under Federal Rule of Civil Procedure 77 (d) of the entry of the judgment or order sought to be appealed within 21 days after entry; (B) the motion is filed within 180 days after the judgment or order is entered or within 14 days after the moving party receives notice under Federal Rule of Civil Procedure 77 (d) of the entry, whichever is earlier; and (C) the court finds that no party would be prejudiced.” — Fed. R. App. P. 4(a)(6)
Why Timing Is Jurisdictional in Civil Appeals
The civil appeal period in 28 U.S.C. § 2107 is statutory, and the Supreme Court has held that a statutory appeal deadline is jurisdictional:
“The taking of an appeal in a civil case within the time prescribed by statute is ‘mandatory and jurisdictional.’” — Bowles v. Russell, 551 U.S. 205, 209 (2007)
The Court later drew the line between statutory deadlines and deadlines set only by court rule:
“If a time prescription governing the transfer of adjudicatory authority from one Article III court to another appears in a statute, the limitation is jurisdictional; otherwise, the time specification fits within the claim-processing category.” — Hamer v. Neighborhood Hous. Servs. of Chicago, 583 U.S. 17, 21 (2017)
Primary sources
- Fed. R. App. P. 4 — Appeal as of Right—When Taken (law.cornell.edu). Verbatim: “In a criminal case, a defendant’s notice of appeal must be filed in the district court within 14 days after the later of: (i) the entry of either the judgment or the order being appealed; or (ii) the filing of the government’s notice of appeal.” — Fed. R. App. P. 4(b)(1)(A)
- Fed. R. App. P. 4(b)(4) — Motion for Extension of Time (law.cornell.edu). Verbatim: “Upon a finding of excusable neglect or good cause, the district court may—before or after the time has expired, with or without motion and notice—extend the time to file a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed by this Rule 4(b).” — Fed. R. App. P. 4(b)(4)
- Fed. R. App. P. 4(a)(6) — Reopening the Time to File an Appeal (law.cornell.edu). Verbatim: “The district court may reopen the time to file an appeal for a period of 14 days after the date when its order to reopen is entered, but only if all the following conditions are satisfied: (A) the court finds that the moving party did not receive notice under Federal Rule of Civil Procedure 77 (d) of the entry of the judgment or order sought to be appealed within 21 days after entry; (B) the motion is filed within 180 days after the judgment or order is entered or within 14 days after the moving party receives notice under Federal Rule of Civil Procedure 77 (d) of the entry, whichever is earlier; and (C) the court finds that no party would be prejudiced.” — Fed. R. App. P. 4(a)(6)
- 28 U.S.C. § 2107 — Time for appeal to court of appeals (law.cornell.edu). Verbatim: “Except as otherwise provided in this section, no appeal shall bring any judgment, order or decree in an action, suit or proceeding of a civil nature before a court of appeals for review unless notice of appeal is filed, within thirty days after the entry of such judgment, order or decree.”
- Bowles v. Russell, 551 U.S. 205 (2007) (law.cornell.edu). Verbatim: “The taking of an appeal in a civil case within the time prescribed by statute is ‘mandatory and jurisdictional.’” — Bowles v. Russell, 551 U.S. 205, 209 (2007)
- Hamer v. Neighborhood Hous. Servs. of Chicago, 583 U.S. 17 (2017) (law.cornell.edu). Verbatim: “If a time prescription governing the transfer of adjudicatory authority from one Article III court to another appears in a statute, the limitation is jurisdictional; otherwise, the time specification fits within the claim-processing category.” — Hamer v. Neighborhood Hous. Servs. of Chicago, 583 U.S. 17, 21 (2017)
Publisher: Federal Appeals Research Desk — Federal Appeals Research Desk.