In a federal civil case, the notice of appeal deadline is 30 days from the date the district court enters the judgment or order you want to challenge. That window expands to 60 days when the United States, a federal agency, or a federal officer or employee sued in an official capacity is a party. In a federal criminal case, a defendant has just 14 days. These are hard limits: the Supreme Court has held that the federal notice of appeal deadline is jurisdictional, meaning the appellate court loses power to hear the case if you file late, even by a day.1Justia Law. Bowles v. Russell, 551 U.S. 205 (2007)
The 30-Day Civil Deadline and the 60-Day Government Exception
For ordinary civil litigation between private parties — contract disputes, personal injury suits, civil rights actions — you have 30 days after entry of the judgment or order to file your notice of appeal with the district court clerk.2Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken
The deadline stretches to 60 days if any of the following is a party:
- The United States or a federal agency
- A federal officer or employee sued in an official capacity
- A current or former federal officer or employee sued in an individual capacity for acts connected to official duties, provided the United States represents that person when judgment is entered or files the appeal on their behalf
If any party in the case qualifies for the 60-day period, every party gets the full 60 days.2Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken
The 14-Day Criminal Deadline
Criminal appeals run on a much tighter clock. A defendant has 14 days after the later of the entry of judgment or the government’s filing of its own notice of appeal. When the government appeals — which it can only do in limited circumstances — it gets 30 days after the later of entry of judgment or a defendant’s notice of appeal.2Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken
Certain post-trial motions in criminal cases pause the clock. If a defendant timely files a motion for acquittal, a motion for a new trial, or a motion to arrest the judgment, the 14 days runs from the later of the judgment of conviction or the order disposing of the last remaining motion.2Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken A new-trial motion based on newly discovered evidence only triggers this tolling if filed within 14 days after judgment.
Criminal extensions are somewhat more forgiving than civil. The district court can extend the filing time up to 30 days beyond the original deadline on a finding of excusable neglect or good cause, and it can do so with or without a formal motion.
When the Clock Actually Starts
The appeal clock starts the day the judgment or order is formally entered on the civil docket. Not when the judge signs it, not when notice arrives from the clerk, not when your lawyer calls. Rule 58 of the Federal Rules of Civil Procedure governs what counts as entry.3Legal Information Institute. Federal Rules of Civil Procedure Rule 58 – Entering Judgment The gap between announcement and docketing can be days or weeks, so check the docket.
The Separate Document Rule
Most judgments must be set out in a separate document under Rule 58(a). Orders resolving certain post-trial motions — including motions for judgment as a matter of law, new trial, and relief from judgment — are exempt.3Legal Information Institute. Federal Rules of Civil Procedure Rule 58 – Entering Judgment If a separate document was required but the court never issued one, the judgment is treated as entered 150 days after it first appeared on the docket, and your appeal clock runs from that 150-day mark.2Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken A missing separate document does not invalidate an appeal; it just shifts when the deadline begins.
Counting the Days
Once you know the entry date, counting is straightforward under Rule 26 of the Appellate Rules. Exclude the day of entry and count every day after, weekends and holidays included. If the last day falls on a Saturday, Sunday, or legal holiday, the deadline moves to the end of the next business day.4Legal Information Institute. Federal Rules of Appellate Procedure Rule 26 – Computing and Extending Time
Motions That Pause the Appeal Clock
Timely post-judgment motions freeze the appeal deadline for all parties until the district court resolves them. A late motion tolls nothing. The qualifying civil motions are:
- Judgment as a matter of law under Rule 50(b)
- Amended or additional findings of fact under Rule 52(b)
- Attorney’s fees under Rule 54, but only if the district court has extended the appeal time under Rule 58
- New trial or amended judgment under Rule 59
- Relief from judgment under Rule 60, but only if filed within the time allowed for a Rule 59 motion
When the court disposes of the last remaining tolling motion, the full 30 or 60 days restarts fresh for every party.2Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken
The attorney’s fees provision catches people off guard. A fees motion only tolls the appeal deadline if the court specifically extends the time under Rule 58. Without that order, your fees fight and your appeal run on separate tracks, and the appeal clock keeps ticking.2Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken
Notices of Appeal Filed Too Early
If you file a notice of appeal after judgment but before the court resolves a pending tolling motion, the notice is not rejected. It waits and automatically becomes effective when the court disposes of the last tolling motion.2Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken To challenge the ruling on the tolling motion itself, file a new or amended notice of appeal within the time measured from that order.
Cross-Appeals After the Other Side Files First
If one party files a timely notice of appeal, every opposing party gets a second chance. You can file your own notice within 14 days after the first notice was filed, or within the original 30- or 60-day period, whichever ends later.2Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken This matters if you were content to live with a mixed result until your opponent decided to appeal it.
Asking for an Extension
Civil extensions are available but tightly limited. File a motion in the district court no later than 30 days after the original appeal deadline expires. Whether you file before or after the deadline runs out, you must show excusable neglect or good cause.2Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken
Even a granted extension is capped. The outer boundary is the later of 30 days after the original deadline expired or 14 days after the court enters the order granting the extension.2Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken In practice, that means about 30 additional days at most. Because the deadline is jurisdictional, a one-day miss ends the appeal.1Justia Law. Bowles v. Russell, 551 U.S. 205 (2007)
Reopening the Appeal Period When You Never Got Notice
If you never learned judgment was entered until the deadline had passed, Rule 4(a)(6) lets the district court reopen the appeal time for 14 days. All three conditions must be met:
- You did not receive notice of the entry within 21 days after it was entered.
- You file the motion to reopen within 180 days after entry of judgment, or within 14 days after you actually receive notice, whichever comes first.
- No other party would be prejudiced by reopening the appeal window.
The 180-day outer limit is absolute.2Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken Even a proven lack of notice cannot reopen the period after six months, and within that window an opposing party can defeat the motion by showing concrete prejudice from lost finality.