Federal Court Rules
Federal Rules of Appellate Procedure
FRAPGovern procedure in the United States courts of appeals.
Overview
The Federal Rules of Appellate Procedure (FRAP) control how cases move from the federal trial courts and federal agencies to the thirteen United States courts of appeals. Adopted in 1968 to consolidate previously fragmented circuit rules, FRAP standardized appellate practice nationwide while leaving room for circuit-specific local rules under Rule 47.
FRAP is structured around the lifecycle of an appeal. Title I (Rules 1–2) sets scope and waiver provisions. Title II (Rules 3–6) governs how an appeal is taken from a district court, including the all-important Rule 4 deadlines for filing a notice of appeal. Title III (Rules 7–9) covers the bond and stay practices that protect judgments during appeal. Title IV (Rules 10–14) addresses the record on appeal. Title V (Rules 15–20) governs review of administrative agency orders. Title VI (Rules 21–23) covers extraordinary writs like mandamus. Title VII (Rules 24–25) addresses fees, electronic filing, and class actions. Title VIII (Rules 26–37) sets the rules for briefs, appendices, motions, oral argument, and judgment. Title IX (Rules 38–41) deals with damages and costs. Title X (Rules 42–48) addresses dismissal, attorneys, and substitution. The rules conclude with appendices for the official forms and length limits.
The most consequential FRAP rule is Rule 4. In civil cases, parties have 30 days to file a notice of appeal (60 days if the United States is a party). In criminal cases, defendants have 14 days. Tolling motions under Rule 4(a)(4) — including timely Rule 50, 52, 59, or 60 motions in the trial court — extend the appeal clock until those motions are resolved. Missing the Rule 4 deadline is a jurisdictional bar that the court of appeals cannot excuse.
Rule 28 governs the form and content of briefs. Appellants must include a jurisdictional statement, a statement of the issues, a statement of the case, a summary of the argument, the argument, and a conclusion. Rule 32 sets length limits — currently 13,000 words for principal briefs — and formatting rules including font size and line spacing. Rule 34 governs oral argument. Many appeals are decided on the briefs alone after the panel decides argument is unnecessary.
FRAP is supplemented by each circuit's local rules and internal operating procedures. Practice varies significantly between the Federal Circuit, the D.C. Circuit, and the regional circuits, particularly on local form requirements, certificate of interested persons, and oral argument procedures.
Key Provisions
Sets the deadline for filing a notice of appeal: 30 days in civil cases, 60 days when the United States is a party, and 14 days in criminal cases. Timely tolling motions (Rule 50, 52, 59, 60(b) within 28 days) restart the clock. The deadline is jurisdictional and cannot be waived by the court.
Requires the appellant's brief to contain a corporate disclosure statement, table of contents, table of authorities, jurisdictional statement, statement of the issues, statement of the case, summary of the argument, argument, conclusion, and certificate of compliance. Cross-appeals and amici follow related Rule 28.1 and Rule 29.
Sets typography and length limits: 14-point proportional font, double-spaced, with principal briefs limited to 13,000 words, reply briefs to 6,500 words. Certificate of compliance must accompany every brief. Local circuit rules may impose additional formatting requirements.
Permits oral argument unless the panel unanimously concludes that the appeal is frivolous, the issues have been authoritatively decided, or the briefs and record adequately present the issues. Argument time defaults to 15 minutes per side but may be expanded for complex cases.
Permits the full court of appeals to rehear a case in the rare instance when (1) en banc review is needed to secure or maintain uniformity of the court's decisions or (2) the proceeding involves a question of exceptional importance. Rehearing en banc is granted in roughly one percent of petitions.
Procedure Flow
Notice of Appeal
Appellant files a notice of appeal in the district court within the Rule 4 deadline. The notice identifies the parties, the judgment appealed from, and the court of appeals to which the appeal is taken.
Docketing and Record
The court of appeals dockets the case and the district court clerk transmits the record. Appellant orders any necessary transcripts under Rule 10(b) and may need to make payment arrangements with the court reporter.
Briefing
Appellant files an opening brief within 40 days of the record being filed. Appellee responds within 30 days. Appellant may file a reply brief within 21 days. Each brief must comply with Rule 28 content requirements and Rule 32 length and formatting limits.
Oral Argument or Submission on the Briefs
The panel screens cases and decides whether oral argument is warranted under Rule 34. If granted, counsel argues for a fixed time. Many appeals are submitted on briefs and decided without argument.
Decision and Mandate
The panel issues an opinion (precedential or non-precedential) and judgment. The mandate transferring jurisdiction back to the district court issues 7 days after the time for rehearing expires under Rule 41, unless a timely petition for rehearing or stay is filed.
Rehearing and Certiorari
Losing parties may petition for panel rehearing or rehearing en banc within 14 days (45 days when the U.S. is a party) under Rule 40 and Rule 35. Petitions for certiorari to the Supreme Court are due within 90 days of the judgment under Supreme Court Rule 13.
Common Issues to Watch
- Filing the notice of appeal one day after the Rule 4 deadline, resulting in dismissal for lack of jurisdiction.
- Confusing the 28-day deadline for tolling motions with the appeal clock — only timely motions toll Rule 4.
- Exceeding the Rule 32 word count without seeking advance leave to file an oversized brief.
- Failing to include a complete statement of jurisdiction or to identify the standard of review for each issue under Rule 28.
- Raising new issues for the first time on appeal that were not preserved in the trial court, leading to plain-error review or waiver.
- Missing the 14-day deadline for petitions for panel rehearing or rehearing en banc under Rules 35 and 40.
Official Source
Frequently Asked Questions
Other Federal Rules Hubs
Last reviewed: 2026-05-02
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.