Appealing U.S. District Court Judgment
To U.S. Court of Appeals
in one of the eleven Circuit Courts nationwide
(See appealing at Federal Circuit Court in DC.)
Notice of Appeals from a Judgment or Order (issued by U. S. District Court (“DC”)) (Form 1) must be filed in the District Court, from where the Judgment or Order is issued and appealed.
The Notice of Appeals (Form 1) must be filed within 30 days of issuance of DC Judgment or Order (28 U.S. Code § 2107(a)) if Appellee is a non federal agency.
If Appellee is against a federal agency, the Notice must be filed within 60 days of issuance of DC Order or Judgment. 28 U.S. Code § 2107(b)(2).
Sometimes the District Court’s Judgment is not entered for months after DC Judge’s Order is issued (dismissing the case). In the event that District Court delays entering Judgment, you may submit Form 1 (Notice of Appeals) to the (same) District Court somewhere within 30 days of the Order (if Defendant is non-federal agency) and within 60 days of the Order (if Defendant is federal agency).
The Notice of Appeals (Form 1) should be filed at the U.S. District Court with the court fee of $605, payable to: “Clerk, U.S. Courts,” in money order, personal check, or (if in person) by credit cards. Some District Courts may accept cash. Note: Form 1 is not filed with US Circuit Court of Appeals.
The Notice of Appeals (Form 1) should also accompany the Form 6: Representation Statement. Even though Form 1 is a District Court form, and Form 6 is a Circuit Court form, both must be filed with District Court. (So that the District Court Clerk may notify Defendant’s representative of your appeal.)
DEADLINE FOR FILING AN OPENING BRIEF
Once the Notice of Appeals is filed with U.S. District Court (“DC”), the DC Clerk will forward it to the U.S. Circuit Court of Appeals (“AC”). The AC Clerk will in turn issue a Notice of Docketing of the appeal with the AC appeal number. The Notice of Docketing is an important document, as it will trigger a series of subsequent deadlines.
Within 14 days of AC Notice of Docketing, a District Court docketing statement (obtained from DC’s electronic case file index) should be filed with Appellate Court. Some Circuit Courts do not require this from Appellant.
Within 40 days of Appeals Court (AC) Notice of Docketing (that contains AC appeal number), Appellant’s Opening Brief must be filed with AC Clerk or via email provided by the Appellate Court for pro se Appellants. File date is (e)mail date or submission date by eCF (electronic Court File) system.
Within 30 days of Appellant’s Opening Brief (as uploaded onto Appellate Court’s electronic Case File (eCF) system, Appellee’s Response Brief is due.
Within 21 days of Appellee’s Response (as uploaded onto Appellate Court’s eCF system), Appellant’s Reply Brief may be submitted to the AC Clerk or via Court’s email provided for pro se Appellants.
OPENING BRIEF
Appellant’s Opening Brief must contain the following:
Cover page with case captions. See a sample.
Table of contents with page references.
Tabel of authorities - cases, statutes, and other authorities with references to the pgs of the brief where they are cited.
Jurisdictional statement.
Statement of the issues presented for review, including jurisdictional authority and relevant facts establishing jurisdiction, timeliness, indication regarding a final order or judgment from which the appeal arises.
A concise statement of the case setting out the facts relevant to the issues submitted for review, describing the relevant procedural history, and identifying the rulings presented for review, with appropriate references to the record.
A summary of the argument gathered from the body of the brief.
Argument, including appellant’s contentions with citations to the authorities and parts of the record on which the appellant relies, a concise statement of the applicable standard of review.
a conclusion, including the relief sought.
Certificate of compliance, certifying that the brief conforms to the guidelines and limits set forth by each Circuit Court. Check for any checklist for preparing and specifying limits regarding Brief, Record Excerpts (records from the originating court, aka “OC”—not required for pro se Appellant), and Record of Appeal (“ROA” not included in OC).
See Federal Rules of Appellate Procedure (F. R. A. P.) Rule 28-Briefs.
Visit STORE to purchase Opening Brief template.
Brief should be no more than 30 pages or 13,000 words, double spaced, in font size 14 or larger. See F. R. A. P. Rule 32(a)(7)(A)(B).
The following are excluded from counting toward the 30-page limits:
Cover page.
Disclosure statement.
Table of Contents.
Table of Citations.
Statement regarding oral argument.
addendum containing statutes, rules, or regulations.
Certificate of Counsel.
Signature block.
Proof of service.
Any item specifically excluded by these rules or by local rule.
Avoid use of “Appellant” and “Appellee.” Instead, use parties’ actual names or the designation used in the lower court or agency proceeding. F. R. A. P. 28(d).
Pro se Appellant is not required to file Record Excerpts (OC). Check the check-list of pro se guides issued by each Circuit Court.
Briefs, Record Excerpts (OC), and Record of Appeal (ROA) should be transmitted to the Clerk of Appellate Court. It is better to obtain permission to file via eCF (electronic Court File) system. (You need PACER account before you can obtain Court’s permission to file via eCF.)
See below on filing Appendix in lieu of ROA.
Number of Copies: Some Clerks may require 10 or 25 hard copies of Opening Brief and/or Appendix to be filed. If you are permitted to e-file submissions via eCF (electronic Court File) system, the hard copy duplication requirement may be waived. E-file first and let Clerk instruct you to submit whatever hard copy duplication is required. Check each U. S. Circuit Court Rules available on each Circuit Court website.
Appendix
In lieu of Record Excerpts (OC) or Record of Appeal (ROA), pro se Appellant may be allowed to file Appendix instead.
Appendix to Opening Brief should contain the following:
The relevant docket entries in the proceeding below (i.e., Docket Report, which can be printed from PACER,gov search by USDC Court and case number).
The relevant portions of the pleadings, charge, findings, or opinion.
The judgment, order, or decision in question.
Other parts of the record to which the parties wish to direct the court’s attention.
The lower court records should be listed in chronological order.
See page reference format requirements in Briefs and Appendix and referencing both Appendix pagination and the lower court eCF document referencing requirements in Circuit Rules ????.
The file date is (e)mail date or e-file date, not the date the submission arrives at the Court (as in the District Courts).
Please note:
F.R.A.P Rule 30(c) allows Deferred Appendix as follows:
(1) Deferral Until After Briefs Are Filed. The court may provide by rule for classes or cases or by order in a particular case that preparation of the appendix may be deferred until after the briefs have been filed and that the appendix may be filed 21 days after the appellee’s brief is served. Even though the filing of the appendix may be deferred, Rule 30(b) [regarding all parties’ responsibilities] applies; except that a party must designate the parts of the record it wants included in the appendix when it serves its brief, and need not include a statement of the issues presented.
F.R.A.P Rule 30(f) allows Appeal on the Original Record Without an Appendix. The court may, either by rule for all cases or classes of cases or by order in a particular case, dispense with the appendix and permit an appeal to proceed on the original record [i.e., US District Court records] with any copies of the record, or relevant parts, that the court may order the parties to file.
Referring to the Record: References to the parts of the record contained in the appendix filed with the appellant’s brief must be to the pages of the appendix. See the required page format in Brief and Appendix. It is advisable to insert eCF numbers in the document descriptions in the Appendix Table of Contents.