United States · Federal civil appeal timing
Which timely postjudgment motions change civil appeal timing?
Under FRAP 4(a)(4), the applicable appeal time runs for all parties from entry disposing of the last remaining qualifying timely listed motion. Identify the motion, its filing timeliness and disposition. The ordinary thirty-day or qualifying sixty-day period still requires classification. A generic postjudgment motion does not establish this effect.
- Period
- The applicable Rule 4(a)(1) appeal period after disposition of the last remaining qualifying motion
- Trigger
- Entry disposing of the last remaining timely motion listed in Rule 4(a)(4)(A)
- Rule
- FRAP 4(a)(4)
December 1, 2025 compilation
Source guide · No automated date
Review the full procedure before selecting a date
The preset does not identify qualifying timely motions, the last remaining disposition or the applicable thirty-day or sixty-day branch. No automated date or paid result is published.
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Which events control this procedure?
Rule 4(a)(4)(A) lists Rule 50(b) judgment, Rule 52(b) amended findings, specified Rule 54 attorney fees, Rule 59 new trial or alteration, and qualifying Rule 60 relief.
The Rule 54 fee motion changes appeal time only if the district court extends time under Rule 58. Rule 60 relief must be filed within the Rule 59 motion window for this effect.
Establish entry disposing of the last remaining qualifying timely motion, not the first motion or first disposition.
FRAP 4(a)(4)Which clocks must be distinguished?
- Identify the listed motion and prove its required timeliness.
- Check the Rule 58 fee-motion order or Rule 60 timing condition where relevant.
- Establish the last remaining qualifying disposition entry.
- Classify the appeal period and review any existing or required amended notice.
Rule 4(a)(4) supplies a changed starting event, not one universal thirty-day period. Identify all qualifying motions, the last remaining disposition and the separately applicable thirty-day or sixty-day branch before counting.
FRAP 26(a) excludes the triggering day, counts intermediate calendar days and carries a final Saturday, Sunday or legal holiday forward. Rule 26(a)(6) includes federal holidays, President or Congress declared holidays and, for forward periods, state-declared holidays where the challenged district court or circuit clerk’s principal office is located. Check actual state holidays, inaccessibility and any different prescribed time.
FRAP 26(a)(4)–(6), (b) and (c)Why is no computed date published?
The preset does not identify qualifying timely motions, the last remaining disposition or the applicable thirty-day or sixty-day branch. No automated date or paid result is published.
Which conditions require separate review?
- Existing notice
- Rule 4(a)(4)(B)(i) makes a notice filed after announcement or entry but before disposition effective when the last remaining listed motion is disposed of.
- Amended notice
- A party intending to challenge the disposition or the altered or amended judgment must file a notice or amended notice under Rule 4(a)(4)(B)(ii). Rule 3(c) and the applicable time apply.
- No added fee
- Rule 4(a)(4)(B)(iii) requires no additional fee for an amended notice. It does not remove the notice requirement.
- This page does not grant relief, establish appellate entitlement or decide disputed case facts.
- The preset does not identify qualifying timely motions, the last remaining disposition or the applicable thirty-day or sixty-day branch. No automated date or paid result is published.
What must I verify before filing?
Common questions
Which timely postjudgment motions change civil appeal timing?
Does any postjudgment motion restart appeal time?
No. Rule 4(a)(4)(A) identifies the motions and their timeliness conditions.
FRAP 4(a)(3) and (4)Does a timely attorney-fee motion always change appeal time?
No. The district court must extend time under Rule 58 for the specified Rule 54 fee-motion effect.
FRCP 58(a)–(e)Does an existing notice always challenge the later disposition?
Rule 4(a)(4)(B)(ii) separately requires a notice or amended notice when challenging the disposition or altered or amended judgment.
FRAP 4(a)(3) and (4)Official sources and scope
Provisions used (12)
| Provision | Purpose |
|---|---|
| FRAP 4(a)(4) | The specific act, starting events and timing conditions |
| FRAP 4(a)(3) and (4) | Related entry, notice, counting, relief or filing qualifications |
| FRAP 4(a)(5)–(7) | Related entry, notice, counting, relief or filing qualifications |
| FRAP 4(c) and (d) | Related entry, notice, counting, relief or filing qualifications |
| FRAP 26(a)(1)–(3) | Related entry, notice, counting, relief or filing qualifications |
| FRAP 26(a)(4)–(6), (b) and (c) | Related entry, notice, counting, relief or filing qualifications |
| FRCP 5(d)(2)–(3) | Related entry, notice, counting, relief or filing qualifications |
| FRCP 58(a), separate-document requirement | Related entry, notice, counting, relief or filing qualifications |
| FRCP 58(a)–(e) | Related entry, notice, counting, relief or filing qualifications |
| FRCP 77(d) | Related entry, notice, counting, relief or filing qualifications |
| 28 U.S.C. § 2107(a)–(d), 2024 edition | Additional statutory comparison using the identified 2024 edition |
| Hamer, 583 U.S. 17, 22–28 (2017) | Court-made extension cap distinguished from statutory appeal limits |