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United States · Federal civil appeal timing

When may I move to reopen civil appeal time for missing notice?

FRAP 4(a)(6) permits discretionary reopening only if its conditions hold. File the motion within the earlier of 180 days after entry or fourteen days after the moving party receives Rule 77(d) notice. The court must find nonreceipt within twenty-one days after entry and no prejudice. Reopening, if granted, creates a separate fourteen-day notice period.

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Read why no date is calculated
Period
The earlier of 180 days after entry or fourteen days after qualifying notice receipt, with separate reopening conditions
Trigger
Judgment or order entry and actual receipt of Rule 77(d) notice by the moving party
Rule
FRAP 4(a)(6)
Federal Rules of Appellate Procedure

December 1, 2025 compilation

Source guide · No automated date

Review the full procedure before selecting a date

The current isolated presets do not compare both motion limits or establish receipt and eligibility. This source guide publishes no computed date or paid result.

FRAP 4(a)(6)

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Which events control this procedure?

Establish the judgment or order’s actual entry and Rule 4(a)(7) implications.

Preserve evidence of receipt of notice under Rule 77(d), not merely a docket notice timestamp or assumed mailing date.

Check nonreceipt within twenty-one days after entry and prejudice separately.

FRAP 4(a)(6)

Which clocks must be distinguished?

  1. Establish actual entry and qualifying notice receipt.
  2. Count the 180-day outer branch.
  3. Count the fourteen-day receipt branch.
  4. Use the earlier qualified date and establish the other reopening conditions.

Count both motion branches separately and use the earlier qualified date. The twenty-one-day nonreceipt condition is an eligibility finding, not a motion-filing window. No single input or isolated limb can establish the complete procedure.

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 current isolated presets do not compare both motion limits or establish receipt and eligibility. This source guide publishes no computed date or paid result.

Which conditions require separate review?

All findings required
Rule 4(a)(6)(A)–(C) requires the specified nonreceipt, timely motion and no-prejudice findings. The court may reopen; it need not do so automatically.
Notice receipt
Rule 77(d) notice and actual moving-party receipt require proof. This guide does not resolve disputed receipt or substitute constructive notice.
Separate notice filing
An actual reopening order begins a separate fourteen-day notice period. A timely reopening motion is not itself the notice of appeal.
FRAP 4(a)(6)
  • This page does not grant relief, establish appellate entitlement or decide disputed case facts.
  • The current isolated presets do not compare both motion limits or establish receipt and eligibility. This source guide publishes no computed date or paid result.

What must I verify before filing?

Common questions

When may I move to reopen civil appeal time for missing notice?

Can I choose whichever reopening limb ends later?

No. Rule 4(a)(6)(B) expressly uses whichever is earlier.

FRAP 4(a)(5)–(7)

Does lack of notice automatically extend appeal time?

No. Rule 77(d)(2) preserves appeal time except as allowed by Rule 4(a). Reopening requires the specified findings and an actual grant.

FRCP 77(d)

Do I have twenty-one days to file this motion?

The twenty-one-day provision concerns nonreceipt after entry. The motion uses the separate earlier-of 180-day and fourteen-day limits.

FRAP 4(a)(5)–(7)

Official sources and scope

Provisions used (12)
Provisions used in this guide
ProvisionPurpose
FRAP 4(a)(6)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 requirementRelated 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 editionAdditional statutory comparison using the identified 2024 edition
Hamer, 583 U.S. 17, 22–28 (2017)Court-made extension cap distinguished from statutory appeal limits
Read the official Appellate Rules compilation

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