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Meeting the Strict Federal Appeals Deadlines

March 21, 2024 Uncategorized

Meeting the Strict Federal Appeals Deadlines

Filing an appeal in federal court can be complicated, with strict deadlines that are easy to miss if you don’t know what you’re doing. This article will walk through the key things to know about federal appeals deadlines and how to make sure you hit them.

Why Deadlines Matter

There’s a good reason federal appeals courts are sticklers about deadlines – they want to keep cases moving through the system. If they allowed late filings whenever someone asked, appeals could drag on forever. So you have to know the rules and follow them.

Calculating the Deadline

The first deadline that matters is the one for filing a notice of appeal. This is usually 30 days after the district court entered its final judgment in your case. Pay attention to the word “entered” here – it’s not when the court issued its decision, but when the clerk entered it on the docket. This date will be on the first page of the order.

You also can’t just count 30 calendar days from the order date. Federal rules say you exclude weekends and holidays when computing deadlines under 30 days. There are tables listing the exact deadlines online, but also be careful – some circuits have local holidays too.

Asking for an Extension

What if you need more than 30 days to file the notice of appeal? You can ask the district court for an extension, but don’t wait until the last minute. File the extension motion before the 30 days is up, explaining why you need more time. Extensions are usually only granted for good cause, like health problems or not getting notice of the ruling right away.

The Notice of Appeal

Once you file the notice of appeal, the clock starts ticking on the next deadline – ordering transcripts of any hearings or trials in the district court. You’ll need these for your appeal, and federal rules give you 14 days to order them.

The notice of appeal is also when you have to pay the filing fee, though you can request a waiver if you can’t afford it. The fees vary by circuit, but run $500-$550 typically.

Christine Twomey
Christine Twomey
2024-03-21
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Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
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Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
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divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Filing the Record

After transcripts are ordered, the district clerk has 40 days to compile and file the record from your case with the appeals court. This will include all documents and transcripts. You can ask for items to be omitted or added if needed.

The Appellant’s Brief

Once the record arrives, appellants have 40 days to file their opening brief explaining the issues in the appeal. This is your chance to argue why the district court was wrong and should be overturned. The brief has to follow strict formatting rules on length, fonts, spacing, etc., so review them closely.

If you need more than 40 days, you can try asking the appeals court for an extension before the deadline. But these are harder to get than in district court, so have a very good reason. The appeals court won’t be as familiar with your case history yet.

The Appellee’s Brief

After you file your opening brief, the appellee (the opposing side) gets 30 days to file their response brief – arguing why the lower court ruling should stand. They also have to follow strict formatting rules.

Your Reply

Appellants then get 14 days to file a reply brief responding to the appellee’s arguments. This is your last chance before oral arguments to counter their claims and make your case for reversal.

Brief deadlines are strict because the judges need time to study them before oral arguments. Judges will be very prepared – so you need to be too. Late briefs won’t give them enough prep time and will irritate them.

Oral Arguments

Once all the briefs are filed, most appeals will involve oral arguments before a panel of three appeals judges. This gives each side 15-20 minutes typically to make their best pitch. Use your limited time wisely to stress your strongest points.

Going to arguments unprepared is a rookie mistake. The judges will pepper you with tough questions – if you don’t know the record cold, it will show. So put in the prep work beforehand.

The Decision

There’s no firm deadline for the appeals court to rule after arguments, but they tend to act fairly quickly – often within two to three months. Some cases can take longer if they involve complex issues or need to be kicked up to the full appeals court rather than just a three-judge panel.

Once the appeals court enters its judgment, that starts a new 14-day countdown for any requests for rehearing or reconsideration. These are rarely granted though, so most appeals end here – over a year after they started.

Takeaways

Federal appeals may seem full of tricky deadlines, but understanding the key ones is half the battle:

  • Notice of Appeal – 30 days from district court order
  • Order Transcripts – 14 days after notice filed
  • File Record – 40 days after transcripts ordered
  • Opening Brief – 40 days after record filed
  • Response Brief – 30 days after opening brief
  • Reply Brief – 14 days after response brief

Mark your calendar, ask for extensions if you really need them, and double check rules in your federal circuit. With attention to detail, you can meet the deadlines!

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CLAIRE BANKS

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RAJESH BARUA

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