Appeal as of Right — Untimely Notice

(a) Statutory Deadlines. This court cannot waive or extend the statutory deadlines for the filing of a notice of appeal or petition for review. (b) Untimely Notice or Petition. The clerk of court may return a notice of appeal or petition for review that is untimely on its face. Federal Circuit Rules of Practice (December 1, 2025) Page 16 (Return to Table of Contents) PRACTICE NOTES TO RULE 4 Time to Appeal. The table below is provided only as a convenience for counsel, who should refer to the statutes and case law before determining the period available for taking an appeal. Counsel should also be aware of the district court’s authority under Federal Rule of Appellate Procedure 4 to extend or reopen the time for appeal. COURT STATUTE TIME District Courts 28 U.S.C. § 2107 30 days (60 days if U.S. is a party) 15 U.S.C. § 3416(c) 30 days 28 U.S.C. § 2645(c) 60 days Court of International Trade Court of Federal Claims 28 U.S.C. § 2522 (Appeals) 60 days 42 U.S.C. § 300aa- 12(f) (Petitions) 60 days 38 U.S.C. § 7292 60 days Court of Appeals for Veterans Claims For petitions for review from agencies, see the Practice Notes to Rule 15. Existing case law broadly requires this court to enforce statutory deadlines that limit the time allowed for the filing of a notice of appeal or petition for review, and to dismiss a case if the applicable deadline is not met, even if no party objects to such a filing as untimely and even if the filer asserts equitable grounds for excusing untimeliness. Parties should refer to the statutes and applicable case law to determine whether, in a particular situation, this court may disregard Federal Circuit Rules of Practice (December 1, 2025) Page 17 (Return to Table of Contents) PRACTICE NOTES TO RULE 4 a timeliness defect not identified by a party or excuse non-compliance with a time limit for equitable reasons. Duty to Notify the Clerk of Postjudgment Motions Pending in the Trial Court. Even though the district court clerk must forward copies of later docket entries under Federal Rule of Appellate Procedure 3(d), the appellant should promptly notify this court’s clerk if any party in the case files a motion listed in Federal Rule of Appellate Procedure 4(a)(4). Any other party may also notify the clerk in such a case. This court’s clerk of court will deactivate an appeal or petition if a motion listed in Federal Rule of Appellate Procedure 4(a)(4) remains pending. Deactivation of the appeal suspends all further action in the court of appeals. Upon reactivation, the clerk of court will reschedule the next required filings and notify counsel. Expedited Proceedings. The overall time for an appeal can be accelerated by the expeditious filing of a notice of appeal shortly after entry of final judgment in the trial forum. When a party is considering seeking expedited proceedings on appeal, the party should consider filing its notice of appeal and principal brief well before the applicable deadlines. For further information on expedition procedures, see the Practice Notes to Rule 27. Federal Circuit Rules of Practice (December 1, 2025) Page 18 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 5 Appeal by Permission (a) Petition for Permission to Appeal. (1) (2) (3) To request permission to appeal when an appeal is within the court of appeals’ discretion, a party must file a petition with the circuit clerk and serve it on all other parties to the district-court action. The petition must be filed within the time specified by the statute or rule authorizing the appeal or, if no such time is specified, within the time provided by Rule 4(a) for filing a notice of appeal. If a party cannot petition for appeal unless the district court first enters an order granting permission to do so or stating that the necessary conditions are met, the district court may amend its order, either on its own or in response to a party’s motion, to include the required permission or statement. In that event, the time to petition runs from entry of the amended order. (b) Contents of the Petition; Answer or Cross-Petition; Oral Argument. (1) The petition must include the following: (A) (B) (C) (D) facts necessary to understand the question the presented; the question itself; the relief sought; the reasons why the appeal should be allowed and is authorized by a statute or rule; and (E) an attached copy of: (i) (ii) the order, decree, or judgment complained of and any related opinion or memorandum, and any order stating the district court’s permission to appeal or finding that the necessary conditions are met. (2) A party may file an answer in opposition or a cross-petition within 10 days after the petition is served. Federal Circuit Rules of Practice (December 1, 2025) Page 19 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 5 (3) The petition and answer will be submitted without oral argument unless the court of appeals orders otherwise. (c) Form of Papers; Number of Copies; Length Limits. All papers must conform to Rule 32(c)(2). An original and 3 copies must be filed unless the court requires a different number by local rule or by order in a particular case.* Except by the court’s permission, and excluding the accompanying documents required by Rule 5(b)(1)(E): (1) a paper produced using a computer must not exceed 5,200 words; and (2) a handwritten or typewritten paper must not exceed 20 pages.† (d) Grant of Permission; Fees; Cost Bond; Filing the Record. (1) Within 14 days after the entry of the order granting permission to appeal, the appellant must: (A) (B) pay the district clerk all required fees; and file a cost bond if required under Rule 7. (2) (3) A notice of appeal need not be filed. The date when the order granting permission to appeal is entered serves as the date of the notice of appeal for calculating time under these rules. The district clerk must notify the circuit clerk once the petitioner has paid the fees. Upon receiving this notice, the circuit clerk must enter the appeal on the docket. The record must be forwarded and filed in accordance with Rules 11 and 12(c). *No copies are required. See Fed. Cir. R. 25(c)(3). †A petition for permission to appeal, cross-petition, or response must include a certificate of compliance with the type-volume limitations in accordance if filed under Fed. R. App. P. 5(c)(1). See Fed. R. App. P. 32(g). Federal Circuit Rules of Practice (December 1, 2025) Page 20 (Return to Table of Contents)