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.
- 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)
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.
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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?
- Establish actual entry and qualifying notice receipt.
- Count the 180-day outer branch.
- Count the fourteen-day receipt branch.
- 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.
- 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)
| Provision | Purpose |
|---|---|
| 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 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 |