Record the entry date for a federal criminal appeal period

Key facts

Human involvement

Yellow · Close supervision

How AI is used

Record the date of entry of the judgment or order, and whether the file contains a government notice of appeal. Do not count the last day and do not prepare a notice of appeal.

What the lawyer must review

You count the days and you file any notice. Federal Rule of Appellate Procedure 4(b)(1)(A) says that in a criminal case the defendant's notice of appeal must be filed in the district court within 14 days after the later of the entry of the judgment or order being appealed, or the filing of the government's notice of appeal. The government's notice, when the government may appeal, is 30 days after the later of entry or a defendant's notice. Rule 4(b)(2) treats a notice filed after announcement but before entry as filed on the date of entry. Rule 4(b)(3) can change the 14 days where the defendant timely moves under Criminal Rules 29, 33, or 34. Rule 4(b)(4) allows an extension, on excusable neglect or good cause, for a period not to exceed 30 days from the expiration of the time otherwise prescribed. Rule 26, on how days are counted, was not opened, so the tool does not name the last day. This rule is not a state appeal from a conviction or a sentence. Model Rule 3.3 applies to the notice you file.

Written for / version

United States versionUS