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JURISDICTION: FEDERAL

This template applies to United States District Courts and Circuit Courts of Appeals governed by FRCP, FRAP, and Federal Rules of Evidence.

NOTICE OF APPEAL

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Critical Timing and Prerequisites

STRICT DEADLINES - JURISDICTIONAL (MISS THESE AND LOSE YOUR APPEAL):

1. 30-day deadline (FRAP 4(a)(1)): File notice of appeal within 30 days of entry of judgment

   • Clock starts when judgment/order is entered on docket (not when you receive notice)
   • If United States is party: 60 days (FRAP 4(a)(1)(B))
   • "Entry" = clerk enters judgment on docket, not when judge signs it
   • No extensions except as specified in FRAP 4(a)(5) (excusable neglect, max 14 days if motion filed within 30 days)

2. Preserve issues below: Must have raised issue in District Court

   • Exception: jurisdictional issues can be raised for first time on appeal
   • Exception: pure questions of law from undisputed facts sometimes preserved
   • General rule: "contemporaneous objection" required

3. File in correct court: Notice filed in District Court (not Circuit Court)

   • Circuit Court gets jurisdiction when notice is filed in District Court
   • District Court retains jurisdiction for post-judgment motions during appeal

4. Order transcripts within 14 days: FRAP 10(b)(1) mandatory requirement

   • Must order transcripts and file certificate within 14 days
   • Failure to order transcripts can result in dismissal

NOTICE OF APPEAL

Notice is hereby given that {{Appellant Name}}, {{plaintiff/defendant/petitioner/respondent}} in the above-captioned action, appeals to the United States Court of Appeals for the {{Circuit}} Circuit from:

• Final Judgment entered on {{date}} (Doc. {{ECF Number}})
• Order entered on {{date}} (Doc. {{ECF Number}}) denying {{motion/petition}}
• Order entered on {{date}} (Doc. {{ECF Number}}) granting {{motion for summary judgment/dismissal/other}}
• Interlocutory Order entered on {{date}} (Doc. {{ECF Number}}) {{specify basis for interlocutory appeal - 28 U.S.C. §1292(a) or (b)}}

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PARTIES

Appellant(s): {{Name(s) of party/parties appealing}}

Appellee(s): {{Name(s) of opposing party/parties}}

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JURISDICTIONAL STATEMENT

1. Basis for District Court Jurisdiction:

   • 28 U.S.C. §1331 (federal question)
   • 28 U.S.C. §1332 (diversity)
   • 28 U.S.C. §1343 (civil rights)
   • {{Other - specify statute}}

2. Basis for Appellate Jurisdiction:

   • 28 U.S.C. §1291 (final decision)
   • 28 U.S.C. §1292(a)(1) (interlocutory injunction order)
   • 28 U.S.C. §1292(b) (certified question)
   • {{Other - specify}}

3. Timeliness:

   • The {{judgment/order}} being appealed was entered on {{date}}.
   • This Notice of Appeal is filed within {{30/60}} days of entry, as required by FRAP 4(a)(1).
   • {{If United States is a party: "The United States is {{a party / not a party}} to this action."}}

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SCOPE OF APPEAL

Appellant appeals from the entire judgment/order, including but not limited to:

1. {{Specific ruling or finding being challenged - e.g., "Dismissal of Counts I-III for failure to state a claim"}}

2. {{Additional rulings - e.g., "Denial of motion for reconsideration filed {{date}}"}}

3. {{Factual findings or legal conclusions - e.g., "Finding that petitioner failed to exhaust administrative remedies"}}

4. {{Any attorney's fees, costs, or sanctions orders}}

OR

Appellant appeals only from the following portion(s) of the judgment/order:

{{Specify limited scope if not appealing entire judgment}}

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DESIGNATION OF RECORD

Pursuant to FRAP 10 and local rules:

Documents to be included in appellate record:

1. All docket entries and pleadings filed in Case No. {{Case Number}}
2. All orders and judgments entered by the District Court
3. Transcript(s) of proceedings:
   • {{Hearing/Trial Date}}: {{Description - e.g., "Motion to Dismiss hearing"}}
   • {{Hearing/Trial Date}}: {{Description - e.g., "Bench trial"}}
   • {{Other}}
   • No transcript required

Exhibits:

• All trial/hearing exhibits admitted into evidence
• {{Specific exhibits - list by number/letter}}

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TRANSCRIPT ORDER (If Applicable)

Note: FRAP 10(b)(1) requires appellant to order transcripts within 14 days and file certificate of compliance.

• Transcript(s) ordered on {{date}} from {{court reporter name}}
• No transcript required for this appeal
• Transcript will be ordered within 14 days of filing this notice

Certificate of Transcript Order: Appellant certifies that {{he/she/they}} {{has ordered / will order within 14 days / does not require}} transcripts for this appeal.

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ISSUES PRESENTED FOR REVIEW (Preliminary)

Note: Full statement of issues will be included in appellant's brief. Preliminary issues include:

1. {{Issue 1}}: Whether the District Court erred in {{specific legal or factual error - e.g., "granting summary judgment when genuine issues of material fact existed regarding plaintiff's exhaustion of remedies"}}

2. {{Issue 2}}: Whether the District Court abused its discretion in {{specific ruling - e.g., "denying leave to amend the complaint"}}

3. {{Issue 3}}: {{Additional issues}}

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CERTIFICATION

Pursuant to FRAP 3(c), appellant certifies:

1. This Notice of Appeal is timely filed within {{30/60}} days of entry of the {{judgment/order}} being appealed.

2. {{If criminal case: "Appellant has requested appointment of counsel / is represented by counsel / is proceeding pro se."}}

3. {{If in forma pauperis: "Appellant has filed/will file an Application to Proceed In Forma Pauperis."}}

4. All filing fees have been paid / Application for waiver filed.

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Dated: {{Date}}

Respectfully submitted,

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{{Your Signature}} {{Your Name}} {{Pro Se Appellant / Attorney for Appellant}} {{Address}} {{Phone}} {{Email}} {{Bar Number, if applicable}}

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CERTIFICATE OF SERVICE

I hereby certify that on {{date}}, a true and correct copy of this Notice of Appeal was served via CM/ECF on all parties of record.

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{{Signature}} {{Name}}

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NOTES FOR APPELLANT

Immediate Actions Required (FRAP 3-10):

1. Filing Fee: Pay appellate filing fee ($505 as of 2025) or file motion to proceed IFP within 14 days.

2. Transcript Order (FRAP 10(b)): Order all necessary transcripts within 14 days of filing this notice. File certificate of transcript order.

3. Docketing Statement (Circuit Local Rule): File docketing statement in Circuit Court within 14 days (check local rules for specific requirements).

4. Designation of Record (FRAP 10(a)): Within 14 days, serve on appellee designation of record contents. Appellee has 14 days to counter-designate.

5. Appellate Briefing Schedule: Circuit Court will issue briefing schedule. Appellant's brief typically due 40 days after record is filed.

Key Deadlines:

Action	Deadline	Rule
File Notice of Appeal	30 days (60 if US is party)	FRAP 4(a)
Order transcripts	14 days from notice	FRAP 10(b)
File docketing statement	14 days (check local rules)	Circuit Rules
Designate record	14 days from notice	FRAP 10(a)
Appellant's brief	40 days after record filed	FRAP 31(a)(1)

Resources:

• Circuit Court website: {{Insert circuit court URL}}
• FRAP available at: https://www.law.cornell.edu/rules/frap
• Circuit Local Rules: {{Insert link to local rules}}

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Authorities:

• FRAP 3: Filing the notice of appeal
• FRAP 4: Appeal as of right—when taken
• FRAP 10: The record on appeal
• 28 U.S.C. §1291: Final decisions
• 28 U.S.C. §1292: Interlocutory decisions