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notice-of-appeal

Drafts a Notice of Appeal to initiate appellate review of a trial court judgment or order in US federal and state courts. Use when filing a notice of appeal, commencing appellate review, or preserving appellate jurisdiction after an adverse ruling.

personAuthor: jakexiaohubgithub

Notice of Appeal

Drafts a jurisdictional Notice of Appeal that invokes appellate review and preserves the appellant's right to challenge a trial court ruling. The notice contains no substantive arguments — it invokes jurisdiction only.

Quick Start

Gather before drafting:

  1. Appealable judgment/order — final judgment, FRCP 54(b) partial judgment, 28 U.S.C. § 1292(b) interlocutory order, or collateral order
  2. Exact docket entry date — date entered on docket (not signed or received)
  3. Party names — full legal names with trial designations and appellate designations (appellant/appellee)
  4. Case numbers — trial court number; appellate number if assigned
  5. Court names — trial court and appellate court
  6. Filing deadline — confirmed per deadline table below
  7. Attorney info — name, bar number, firm, address, phone, email

Filing Deadlines

| Context | Deadline | Authority | |---|---|---| | Federal civil | 30 days from entry | FRAP 4(a)(1)(A) | | Federal civil (US party) | 60 days from entry | FRAP 4(a)(1)(B) | | Federal criminal | 14 days from entry | FRAP 4(b)(1)(A) | | Post-judgment motion pending | 30 or 60 days from disposition, matching party-status deadline | FRAP 4(a)(4)(A), 4(a)(1)(A)-(B) | | State courts | Varies — confirm rule | [VERIFY] jurisdiction-specific |

Warning: Deadlines are jurisdictional and non-waivable. Confirm before drafting.

Document Template

[APPELLATE COURT NAME]

[PARTY NAME(S)],
    Appellant(s) / [Trial Designation],

  v.                                    Case No. [Trial Court No.]
                                        Appellate Case No. [if assigned]
[PARTY NAME(S)],
    Appellee(s) / [Trial Designation].

                    NOTICE OF APPEAL

[Appellant name], by and through [undersigned counsel / pro se],
hereby appeals to the [Appellate Court Name] from the
[judgment/order — describe with specificity] entered on
[exact entry date] by the [Trial Court Name] in the
above-captioned matter.

[If multiple orders, list each separately:]
1. [Description of order/judgment] entered [date]
2. [Description of order/judgment] entered [date]

Respectfully submitted,

_______________________________
[Attorney Name] (Bar No. [#])
[Firm Name]
[Address]
[Phone]
[Email]
Counsel for Appellant [Party Name]

Date: [Date]

              CERTIFICATE OF SERVICE

I certify that on [date], a copy of this Notice of Appeal was
served on the following by [method of service]:

[Name, Address of each party/counsel served]

                        _______________________________
                        [Attorney Name]

Completion Checklist

  • [ ] Dual caption (trial court + appellate court)
  • [ ] All party names with trial and appellate designations
  • [ ] Trial court case number (and appellate number if assigned)
  • [ ] Specific identification of judgment/order appealed
  • [ ] Exact docket entry date for each order appealed
  • [ ] Signature block with bar number and full contact info
  • [ ] Certificate of service with date, method, and recipients
  • [ ] Jurisdiction-required attachments (cover sheet, docketing statement)

Common Pitfalls

  • Wrong date — use docket entry date, never the signing or receipt date
  • Substantive arguments — never include reasons for appeal or assignments of error
  • Interlocutory appeals — describe the order specifically enough to distinguish from other rulings
  • Service gaps — serve all parties and trial court clerk per local rule
  • Format noncompliance — check local rules for margins, font, spacing, e-filing requirements, and cover sheets
  • Pro se appellants — include appellant's own address and contact info in signature block
  • Multiple appellants — name each; a single notice may cover all if local rule permits