(a) Appeal in a Civil Case.
(1) Time for Filing a Notice of Appeal.
(A) In a civil case, except as provided in Rules 4(a)(1)(B),
4(a)(4), and 4(c), the notice of appeal required by Rule 3
must be filed with the district clerk within 30 days after
entry of the judgment or order appealed from.
(B) The notice of appeal may be filed by any party with-
in 60 days after entry of the judgment or order appealed
from if one of the parties is:
(i) the United States;
(ii) a United States agency;
(iii) a United States officer or employee sued in an
official capacity; or
(iv) a current or former United States officer or em-
ployee sued in an individual capacity for an act or
omission occurring in connection with duties per-
formed on the United States’ behalf—including all in-
stances in which the United States represents that per-
son when the judgment or order is entered or files the
appeal for that person.
(C) An appeal from an order granting or denying an ap-
plication for a writ of error coram nobis is an appeal in a
civil case for purposes of Rule 4(a).
(2) Filing Before Entry of Judgment. A notice of appeal filed
after the court announces a decision or order—but before the
entry of the judgment or order—is treated as filed on the date
of and after the entry.
(3) Multiple Appeals. If one party timely files a notice of ap-
peal, any other party may file a notice of appeal within 14
days after the date when the first notice was filed, or within
the time otherwise prescribed by this Rule 4(a), whichever pe-
riod ends later.
(4) Effect of a Motion on a Notice of Appeal.
(A) If a party files in the district court any of the follow-
ing motions under the
Federal Rules of Civil Procedure—
and does so within the time allowed by those rules—the
time to file an appeal runs for all parties from the entry
of the order disposing of the last such remaining motion:
(i) for judgment under Rule 50(b);
(ii) to amend or make additional factual findings
under Rule 52(b), whether or not granting the motion
would alter the judgment;
(iii) for attorney’s fees under Rule 54 if the district
court extends the time to appeal under Rule 58;
(iv) to alter or amend the judgment under Rule 59;
(v) for a new trial under Rule 59; or
(vi) for relief under Rule 60 if the motion is filed
within the time allowed for filing a motion under Rule
59.
(B)(i) If a party files a notice of appeal after the court
announces or enters a judgment—but before it disposes of
any motion listed in Rule 4(a)(4)(A)—the notice becomes
effective to appeal a judgment or order, in whole or in
part, when the order disposing of the last such remaining
motion is entered.
(ii) A party intending to challenge an order disposing of
any motion listed in Rule 4(a)(4)(A), or a judgment’s alter-
ation or amendment upon such a motion, must file a no-
tice of appeal, or an amended notice of appeal—in compli-
ance with Rule 3(c)—within the time prescribed by this
Rule measured from the entry of the order disposing of the
last such remaining motion.
(iii) No additional fee is required to file an amended no-
tice.
(5) Motion for Extension of Time.
(A) The district court may extend the time to file a no-
tice of appeal if:
(i) a party so moves no later than 30 days after the
time prescribed by this Rule 4(a) expires; and
(ii) regardless of whether its motion is filed before or
during the 30 days after the time prescribed by this
Rule 4(a) expires, that party shows excusable neglect
or good cause.
(B) A motion filed before the expiration of the time pre-
scribed in Rule 4(a)(1) or (3) may be ex parte unless the
court requires otherwise. If the motion is filed after the
expiration of the prescribed time, notice must be given to
the other parties in accordance with local rules.
(C) No extension under this Rule 4(a)(5) may exceed 30
days after the prescribed time or 14 days after the date
when the order granting the motion is entered, whichever
is later.
(6) Reopening the Time to File an Appeal. The district court
may reopen the time to file an appeal for a period of 14 days
after the date when its order to reopen is entered, but only if
all the following conditions are satisfied:
(A) the court finds that the moving party did not receive
notice under
Federal Rule of Civil Procedure 77(d) of the
entry of the judgment or order sought to be appealed with-
in 21 days after entry;
(B) the motion is filed within 180 days after the judg-
ment or order is entered or within 14 days after the moving
party receives notice under Federal Rule of Civil Proce-
dure 77(d) of the entry, whichever is earlier; and
(C) the court finds that no party would be prejudiced.
(7) Entry Defined.
(A) A judgment or order is entered for purposes of this
Rule 4(a):
(i) if
Federal Rule of Civil Procedure 58(a) does not
require a separate document, when the judgment or
order is entered in the civil docket under Federal Rule
of Civil Procedure 79(a); or
(ii) if
Federal Rule of Civil Procedure 58(a) requires
a separate document, when the judgment or order is
entered in the civil docket under Federal Rule of Civil
Procedure 79(a) and when the earlier of these events
occurs:
• the judgment or order is set forth on a separate
document, or
• 150 days have run from entry of the judgment or
order in the civil docket under Federal Rule of
Civil Procedure 79(a).
(B) A failure to set forth a judgment or order on a sepa-
rate document when required by Federal Rule of Civil Pro-
cedure 58(a) does not affect the validity of an appeal from
that judgment or order.
(b) Appeal in a Criminal Case.
(1) Time for Filing a Notice of Appeal.
(A) In a criminal case, a defendant’s notice of appeal
must be filed in the district court within 14 days after the
later of:
(i) the entry of either the judgment or the order
being appealed; or
(ii) the filing of the government’s notice of appeal.
(B) When the government is entitled to appeal, its notice
of appeal must be filed in the district court within 30 days
after the later of:
(i) the entry of the judgment or order being appealed;
or
(ii) the filing of a notice of appeal by any defendant.
(2) Filing Before Entry of Judgment. A notice of appeal filed
after the court announces a decision, sentence, or order—but
before the entry of the judgment or order—is treated as filed
on the date of and after the entry.
(3) Effect of a Motion on a Notice of Appeal.
(A) If a defendant timely makes any of the following mo-
tions under the
Federal Rules of Criminal Procedure, the
notice of appeal from a judgment of conviction must be
filed within 14 days after the entry of the order disposing
of the last such remaining motion, or within 14 days after
the entry of the judgment of conviction, whichever period
ends later. This provision applies to a timely motion:
(i) for judgment of acquittal under Rule 29;
(ii) for a new trial under Rule 33, but if based on
newly discovered evidence, only if the motion is made
no later than 14 days after the entry of the judgment;
or
(iii) for arrest of judgment under Rule 34.
(B) A notice of appeal filed after the court announces a
decision, sentence, or order—but before it disposes of any
of the motions referred to in Rule 4(b)(3)(A)—becomes ef-
fective upon the later of the following:
(i) the entry of the order disposing of the last such
remaining motion; or
(ii) the entry of the judgment of conviction.
(C) A valid notice of appeal is effective—without amend-
ment—to appeal from an order disposing of any of the mo-
tions referred to in Rule 4(b)(3)(A).
(4) Motion for Extension of Time. Upon a finding of excusable
neglect or good cause, the district court may—before or after
the time has expired, with or without motion and notice—ex-
tend the time to file a notice of appeal for a period not to ex-
ceed 30 days from the expiration of the time otherwise pre-
scribed by this Rule 4(b).
(5) Jurisdiction. The filing of a notice of appeal under this
Rule 4(b) does not divest a district court of jurisdiction to cor-
rect a sentence under
Federal Rule of Criminal Procedure35(a), nor does the filing of a motion under 35(a) affect the va-
lidity of a notice of appeal filed before entry of the order dis-
posing of the motion. The filing of a motion under Federal
Rule of Criminal Procedure 35(a) does not suspend the time for
filing a notice of appeal from a judgment of conviction.
(6) Entry Defined. A judgment or order is entered for pur-
poses of this Rule 4(b) when it is entered on the criminal dock-
et.
(c) Appeal by an Inmate Confined in an Institution.
(1) If an institution has a system designed for legal mail, an
inmate confined there must use that system to receive the
benefit of this Rule 4(c)(1). If an inmate files a notice of appeal
in either a civil or a criminal case, the notice is timely if it
is deposited in the institution’s internal mail system on or be-
fore the last day for filing and:
(A) it is accompanied by:
(i) a declaration in compliance with 28 U.S.C. §
1746—
or a notarized statement—setting out the date of de-
posit and stating that first-class postage is being pre-
paid; or
(ii) evidence (such as a postmark or date stamp)
showing that the notice was so deposited and that
postage was prepaid; or
(B) the court of appeals exercises its discretion to permit
the later filing of a declaration or notarized statement
that satisfies Rule 4(c)(1)(A)(i).
(2) If an inmate files the first notice of appeal in a civil case
under this Rule 4(c), the 14-day period provided in Rule 4(a)(3)
for another party to file a notice of appeal runs from the date
when the district court dockets the first notice.
(3) When a defendant in a criminal case files a notice of ap-
peal under this Rule 4(c), the 30-day period for the government
to file its notice of appeal runs from the entry of the judgment
or order appealed from or from the district court’s docketing
of the defendant’s notice of appeal, whichever is later.
(d) Mistaken Filing in the Court of Appeals. If a notice of appeal
in either a civil or a criminal case is mistakenly filed in the court
of appeals, the clerk of that court must note on the notice the
date when it was received and send it to the district clerk. The no-
tice is then considered filed in the district court on the date so
noted.