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 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 between 30 days and 60 days from the date of issuance of the dismissal Order.
The Notice of Appeals (Form 1) should be filed at the District Court with the 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 DC docketing statement (obtained from DC’s electronic case file index) must be filed with Appellate Court.
Within 40 days of 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.
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”), and Record of Appeal (“ROA” not included in OC).
See Federal Rules of Appellate Procedure (F. R. A. P.) Rule 28-Briefs.
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) in some Circuit Courts. 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 to the Clerk of Appellate Court. Check to see if email submission is permitted.
At least for the 5th Circuit Court, the file date is mail date, not the date the submission arrives at the Court (as in the District Courts).