We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Law

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What Are the Rules of Appellate Procedure?

Leigia Rosales
By
Updated: May 17, 2024
Views: 5,494
Share

Within the United States, parties to both civil and criminal cases have the right to appeal decisions or verdicts that were unfavorable. State court systems decide their own rules of appellate procedure, while the Federal Rules of Appellate Procedure govern federal appeals. While somewhat different, the Federal Rules of Appellate Procedure are essentially the same for both civil and criminal cases. Time limits, notice, and procedures must be strictly adhered to or the appellant may lose his or her right to appeal.

Under the Federal Rules of Appellate Procedure, in a civil case, the appellant must file a notice of appeal within 30 days from the entry of judgment. In a criminal case, the defendant's notice of appeal must be filed within 14 days of the entry of judgment or the filing of the notice of appeal by the government. If the government is appealing in a criminal case, then after the entry of judgment or the filing by the defendant, the notice of appeal must be filed within 30 days. In some cases, a motion for extension of time or a motion for leave to file a late notice may be accepted by the court; however, the rules on timely appeals are very serious and failure to file within the time frame allotted may cause a party to lose the right to appeal at all.

The proper document that must be filed in order to appeal either a civil or criminal case with a federal appeals court is a notice of appeal. The notice of appeal essentially puts the court on notice that a party intends to appeal the judgment. The notice of appeal is filed in the court that entered the judgment.

Once the notice of appeal has been filed, the court may order that an appeals bond be posted by the appealing party. Under the Federal Rules of Appellate Procedure, a judge may order an appeals bond in order to ensure that the costs of the appeal are paid. Aside from any mandatory filing fees, the costs of transcribing the record on an appeal can be costly and the court wants to be certain that the appealing party has the funds to cover the expenses.

The record must then be sent up to the appellate court. Appeals are not a opportunity for a new trial. An appellate court simply looks at the record from the district court to determine if the court made any harmful errors that would have affected the outcome of the case. As such, the appellate court needs the entire record of the case from the district court. The parties may also submit briefs in support of their argument on appeal. Based on the record, briefs, and sometimes oral arguments, the appellate court judges will make a decision in the case.

Share
WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Leigia Rosales
By Leigia Rosales
Leigia Rosales is a former attorney turned freelance writer. With a law degree and a background in legal practice, she crafts compelling content that informs and engages readers. Her ability to understand complex topics and communicate them effectively makes her a valuable asset to any content creation team.

Editors' Picks

Discussion Comments
Leigia Rosales
Leigia Rosales
Leigia Rosales is a former attorney turned freelance writer. With a law degree and a background in legal practice, she...
Learn more
Share
https://www.wisegeek.net/what-are-the-rules-of-appellate-procedure.htm
Copy this link
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.