United States · Federal statutory procedure
When must I file an ordinary civil notice of appeal?
The ordinary FRAP 4(a)(1)(A) civil notice must be filed with the district clerk within thirty days after the judgment or order is entered. Establish entry under Rule 4(a)(7), check qualifying post-judgment motions and use the separate sixty-day branch when a listed federal party qualifies.
- Period
- 30 calendar days for the ordinary non-federal-party branch
- Trigger
- Established entry of the appealable civil judgment or order, or the operative qualifying-motion disposition
- Rule
- FRAP 4(a)(1)(A)
Statutory source. Authenticated 2024 United States Code, laws in effect January 6, 2025. A bounded amendment review examined the retained 119th Congress archive containing Public Laws 119-1 through 119-118, approved through September 30, 2026, and the two independently confirmed October 7 enrolled acts. No express amendment to the eight target sections was identified. This is not a verified October 8 current consolidation or proof of complete post-September 30 enactment coverage. Court-rule sources are the December 1, 2025 FRCP and FRAP compilations and, where used, Supreme Court Rules effective March 16, 2026. Originals were retained October 8, 2026.
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When must I file an ordinary civil notice of appeal?
The ordinary FRAP 4(a)(1)(A) civil notice must be filed with the district clerk within thirty days after the judgment or order is entered. Establish entry under Rule 4(a)(7), check qualifying post-judgment motions and use the separate sixty-day branch when a listed federal party qualifies.
Responsible actor. A party taking an ordinary civil appeal to the court of appeals.
Find the judgment or order on the civil docket. A decision’s announcement, signature, email or later service is not substituted for the Rule 4(a)(7) legal entry date.
Determine whether a separate judgment document is required. A missing required document can change the legal entry date; the date typed into the calculator must already reflect that determination.
Check timely post-judgment motions listed in Rule 4(a)(4). When one qualifies, use entry of the order disposing of the last remaining qualifying motion for the restarted ordinary period.
If a party falls within Rule 4(a)(1)(B), the ordinary period is sixty days for all parties. Use the correct branch rather than assuming the identity of the appellant alone sets the period.
An ordinary civil district-court appeal within FRAP 4(a)(1)(A) and section 2107(a), after entry and party status are established. This model excludes special notice, extension and reopening branches.
FRAP 4(a)(1)(A)How does this provision count time?
- Identify the governing statutory branch and responsible actor.
- Establish the operative event from the docket, service evidence or legally determined commencement.
- Exclude the trigger date and apply only the supported ordinary period.
- Check the last day, court-specific closures, filing method, orders and every separate controlling clock.
Exclude the established triggering date. Count every calendar day, including intermediate Saturdays, Sundays and holidays. If the final day is a Saturday, Sunday or legal holiday, continue to the next qualifying day under FRAP 26(a)(1). Do not add service days to an entry- or filing-triggered period.
FRAP 26(a)(6) includes its listed federal holidays and holidays declared by the President or Congress. For forward periods, also check state holidays where the challenged district court or the circuit clerk’s principal office is located. Final-day clerk inaccessibility has its separate Rule 26(a)(3) treatment unless the court orders otherwise. The national calendar does not establish those court-specific facts.
FRAP 4(a)(1)(A)What do independently checked examples show?
Fictitious example
Assume legally established civil judgment entry on July 6, 2026, no qualifying federal party, no tolling motion and no special notice or relief branch.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Assume legally established civil judgment entry on July 6, 2026, no qualifying federal party, no tolling motion and no special notice or relief branch. Independently count 30 calendar days excluding the trigger day from Monday, July 6, 2026. The unadjusted last day is Wednesday, August 5, 2026. No final-day adjustment applies under the stated facts. | Wednesday, August 5, 2026 |
| Example 2. Closed-day boundary | Assume legally established ordinary civil judgment entry on July 2, 2026. Day thirty is Saturday, August 1. Independently count 30 calendar days excluding the trigger day from Thursday, July 2, 2026. The unadjusted last day is Saturday, August 1, 2026. The last-day sequence Saturday, August 1, 2026 (Saturday), Sunday, August 2, 2026 (Sunday) continues to Monday, August 3, 2026. | Monday, August 3, 2026 |
| Example 3. Material procedural branch | Assume a timely qualifying Rule 59 motion followed an earlier judgment. Entry disposing of the last remaining qualifying motion is September 4, 2026. The operative input is that disposition, not the earlier judgment. Independently count 30 calendar days excluding the trigger day from Friday, September 4, 2026. The unadjusted last day is Sunday, October 4, 2026. The last-day sequence Sunday, October 4, 2026 (Sunday) continues to Monday, October 5, 2026. | Monday, October 5, 2026 |
| Example 4. Closed-day boundary | Assume valid ordinary civil judgment entry on August 8, 2026. Day thirty is Labor Day. Independently count 30 calendar days excluding the trigger day from Saturday, August 8, 2026. The unadjusted last day is Monday, September 7, 2026. The last-day sequence Monday, September 7, 2026 (Labor Day) continues to Tuesday, September 8, 2026. | Tuesday, September 8, 2026 |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Established entry, not simple notification
- FRAP 4(a)(7) combines civil docket entry with any required separate document. If a separate document is required, the earlier actual document entry or the 150-day rule matters. This date-only calculation requires that legal entry to be established.
- Qualifying post-judgment motions
- The timely motions listed in FRAP 4(a)(4)(A) move the appeal trigger for all parties to entry of the order disposing of the last remaining qualifying motion. An unlisted or untimely motion is not assumed to toll.
- Extension and reopening are separate
- Section 2107(c) and FRAP 4(a)(5)–(6) authorize only their specified motion and court-order branches. No extension or reopening is inferred from this ordinary calculation.
- Other-party notices and special filing
- FRAP 4(a)(3) can give another party the later of fourteen days after the first notice or the otherwise applicable period. Inmate deposit and mistaken appellate filing have separate Rule 4(c)–(d) conditions.
- Bankruptcy and other procedures excluded
- Section 2107(d) excludes bankruptcy matters and other Title 11 proceedings. This ordinary civil notice period does not calculate criminal appeals, permission petitions or certiorari.
- An ordinary civil district-court appeal within FRAP 4(a)(1)(A) and section 2107(a), after entry and party status are established. This model excludes special notice, extension and reopening branches.
- This procedural page explains completing the district-clerk notice. The statutory thirty-day page covers the same ordinary act from section 2107(a); it creates no second notice or extra time.
What must the responsible actor complete?
Questions about this procedure
When must I file an ordinary civil notice of appeal?
Do I file this notice in the court of appeals?
The ordinary Rule 4(a)(1) notice is filed with the district clerk. Rule 4(d) separately addresses a notice mistakenly filed with the court of appeals.
FRAP 4(a)(1), 4(d)Does the email announcing judgment start the thirty days?
The ordinary period runs from legal entry, established under Rule 4(a)(7). Notification can occur on a different day and is not substituted for entry.
FRAP 4(a)(7)Does every post-judgment motion pause the appeal period?
No. Rule 4(a)(4)(A) lists qualifying motions and requires the applicable timeliness conditions. The period runs from entry of the last remaining qualifying motion’s disposition.
FRAP 4(a)(1)(B), (3)–(4)Can another party’s notice give me more time?
Rule 4(a)(3) supplies the later of fourteen days after the first notice or the otherwise applicable period. Establish that separate branch rather than adding fourteen days to every result.
FRAP 4(a)(1)(B), (3)–(4)Do I add three days because the judgment was mailed?
No automatic service addition applies to this entry-triggered ordinary notice period. FRAP 26(c) concerns its specified after-service periods.
FRAP 26(b)–(c)Can I assume an extension because I did not receive judgment?
No. Rule 4(a)(6) and section 2107(c) require specified facts, a timely motion and an actual reopening order. A late-notice assertion does not itself change this ordinary date.
FRAP 4(a)(5)–(6)Official sources and review
Provisions used (11)
| Provision | Purpose |
|---|---|
| FRAP 4(a)(1)(A) | Check the identified procedure, event, counting rule or qualification |
| 28 U.S.C. 2107(a), (c), (d) [2024 Edition, laws through January 6, 2025] | Check the identified procedure, event, counting rule or qualification |
| FRAP 4(a)(1)(B), (3)–(4) | Check the identified procedure, event, counting rule or qualification |
| FRAP 4(a)(7) | Check the identified procedure, event, counting rule or qualification |
| FRAP 4(a)(5)–(6) | Check the identified procedure, event, counting rule or qualification |
| FRAP 26(a)(1), (3)–(6) | Check the identified procedure, event, counting rule or qualification |
| FRAP 26(b)–(c) | Check the identified procedure, event, counting rule or qualification |
| FRAP 4(c)–(d) | Check the identified procedure, event, counting rule or qualification |
| FRAP 4(a)(3), 4(c)–(d) | Check the identified procedure, event, counting rule or qualification |
| 28 U.S.C. 2107(d) [2024 Edition, laws through January 6, 2025] | Check the identified procedure, event, counting rule or qualification |
| FRAP 4(a)(1), 4(d) | Check the identified procedure, event, counting rule or qualification |