25. Notice of Appeal (Rule 4)

Question 1

What is required for appeals?

Answer 1

Notice to District Court

Question 2

When must notice of appeal be made?

Answer 2

Party is NOT US/Fed agency
- Within 30 days of final judgment entry/post-trial motion order

Party is US/Fed agency
- Within 60 days of final judgment entry/post-trial motion order

Question 3

Can the deadline for notice of appeal be extended?

Answer 3

Excusable neglect

1) Appellant must show excusable neglect within 30 days after end of 30-day appeal period
2) Court may extend appeal period by (whichever comes later);
- After excusable neglect shown (until end of second 30-day period)
- 14 days after extension order is granted

Extend 30 days to 44 days

1) NO notice of judgment was given to Appellant
2) NO prejudice to Opponent party
3) Must move for extension by earlier of;
- Within 180 days after final judgment entry
- Within 14 days after receiving notice of judgment

Question 4

What must Appellant do if court affirms/dismisses appeal?

Answer 4

Post sufficient bond/security

• Interest
• Court costs
• Judgment
• Delay damages

Question 5

What happens if Appellant fails to send notice of appeal?

Answer 5

Court lacks jurisdiction to hear case