Skip to main content

United States · Federal criminal notice of appeal

What deadline follows an actual criminal notice-of-appeal extension?

FRAP 4(b)(4) permits the district court, upon excusable neglect or good cause, to extend criminal notice time by no more than thirty days from the original period’s expiry. The court may act before or after expiry, with or without motion and notice. The maximum does not grant thirty days in every case. Read the actual extension order.

5.0Rated by lawyers in California, London and Singapore“The platform is really easy to use.” — Michael B., California“The Evidence Record saved us time with our insurance on bankruptcy matters.” — Maria, London, UK“The most up-to-date service we could find.” — Li Chen, Singapore
Read why no date is calculated
Period
Discretionary actual extension, capped at thirty days from original expiry
Trigger
The actual extension grant and duration, measured against the established original Rule 4(b) expiry
Rule
FRAP 4(b)(4)
Federal Rules of Appellate Procedure

December 1, 2025 compilation

Source guide · No automated date

Read the actual criminal extension order

The isolated thirty-day preset represents the maximum, not the duration of every actual grant. No computed extension expiry or paid record is published.

FRAP 4(b)(4)

What lawyers say

5.0
  • “The platform is really easy to use.”

    Michael B.Employment litigation attorney · California

  • “The Evidence Record saved us time with our insurance on bankruptcy matters.”

    MariaBankruptcy and commercial attorney · London, UK

  • “The most up-to-date service we could find.”

    Li ChenArbitration practitioner · Singapore

What did the district court actually grant?

Verify the actual original Rule 4(b) period and expiry.

Read the district court’s actual relief and stated duration.

Distinguish an extension request from granted relief.

Complete notice filing within the actual permitted period.

FRAP 4(b)(4)

Why is no automatic extension expiry calculated?

  1. Establish original expiry.
  2. Read the actual finding and grant.
  3. Identify the granted duration.
  4. Complete filing within the actual permitted period.

Establish original expiry and the actual grant before assigning a deadline. The thirty-day maximum under Rule 4(b)(4) does not determine the granted duration. A fictitious original July 6 expiry with an actual ten-day extension reaches July 16. The isolated thirty-day reference reaches August 5 and cannot establish that actual July 16 expiry.

Exclude the independently verified triggering day, count every calendar day and roll a final Saturday, Sunday or legal holiday to the next open day under Rule 26(a)(1). Rule 26(a)(6) includes the listed federal holidays, President or Congress declared holidays and, for forward periods, applicable state-declared holidays at the identified district court or circuit clerk’s principal office. The national preset does not infer extra state holidays, inaccessibility or a grant.

File the notice with the district clerk under Rule 3(a)(1), not initially with the circuit clerk. Unless another applicable time controls, electronic district-court filing ends at midnight in the district court’s time zone under Rule 26(a)(4)(A). Other filing ordinarily requires receipt by scheduled clerk closing. Rule 4(c)(1) supplies a separate confined-inmate deposit method with its proof and prepaid-postage conditions. Confirm actual court channels and inaccessibility.

The calculator does not infer excusable neglect, good cause or any actual grant.

FRAP 26(a)(4)–(6) and (b)

Why is no computed extension date shown?

The isolated thirty-day preset represents the maximum, not the duration of every actual grant. No computed extension expiry or paid record is published.

Which qualifications change the notice procedure?

Required finding
Rule 4(b)(4) requires a finding of excusable neglect or good cause. A request does not establish the finding or grant.
Thirty-day maximum
The maximum runs from expiry of the original Rule 4(b) time. It does not start thirty days from the later order date or guarantee the full maximum.
With or without motion
The district court may act before or after time expires, with or without motion and notice. This criminal provision is different from the civil extension motion requirements.
Criminal docket entry
Rule 4(b)(6) defines entry as entry in the criminal docket. An announcement, signature, receipt or civil separate-document date is not automatically that event.
Premature notice
Rule 4(b)(2) treats a notice filed after announcement of a decision, sentence or order but before entry as filed on and after the entry date. Establish those actual events.
Rule 35 correction
Under Rule 4(b)(5), a Rule 35(a) sentence-correction motion does not suspend appeal time. The listed Rule 4(b)(3) motions are different.
Actual extension
Rule 4(b)(4) permits relief on excusable neglect or good cause, before or after expiry, with or without motion and notice. Read the actual grant. Its thirty-day maximum is not an automatic extension.
Confined-inmate filing
Rule 4(c)(1) requires use of a designed legal-mail system when one exists. Timely deposit also requires the specified declaration, notarized statement or evidence and prepaid first-class postage, subject to the court’s stated discretion over later declaration filing.
Mistaken circuit filing
Rule 4(d) requires the appellate clerk to note receipt and send the notice to the district clerk. That noted receipt is treated as district filing. Do not assume mailing alone establishes it.
FRAP 4(b)(4)
  • This guide does not determine appealability, classify or establish timely post-verdict motions, read actual court orders or verify legal-mail proof.
  • The national preset does not collect and compare all docket events or infer a granted extension.

What must I check before filing a criminal notice?

Common questions

Criminal notice and actual starting events

Does the thirty-day maximum automatically extend my notice time?

No. Rule 4(b)(4) authorizes discretionary relief on the required finding. Read the actual grant and duration.

FRAP 4(b)(1)–(5)

Does the extension maximum run thirty days from order entry?

Rule 4(b)(4) measures its maximum from expiry of the time otherwise prescribed by Rule 4(b), not the later order date.

FRAP 4(b)(1)–(5)

Does this provision always require an extension motion?

It permits the district court to act with or without motion and notice. Confirm actual instructions and relief.

FRAP 4(b)(1)–(5)

Official sources and scope

Provisions used (6)
Provisions used in this guide
ProvisionPurpose
FRAP 3(a) and (c)District notice filing and required contents
FRAP 3(d)–(e)Clerk notice service and fees
FRAP 4(b)(1)–(5)Criminal periods, later events, listed motions and actual relief
FRAP 4(b)(6), (c) and (d)Criminal docket entry, confined-inmate filing and mistaken circuit filing
FRAP 26(a)(1)–(4)Counting, filing boundaries, holidays and extension restrictions
FRAP 26(a)(4)–(6) and (b)Counting, filing boundaries, holidays and extension restrictions
Read the official Appellate Rules compilation

Cookie preferences

Deadline Engine uses necessary cookies for authentication and security. You can choose whether we may load Plausible Analytics to measure aggregate site use. We do not use advertising or marketing tracking. You can change this any time from the footer. Read the Cookie Policy.