IOP Appendix A: Chronology of Events for a Typical Civil Appeal in the Eighth Circuit
Rules of Appellate Procedure and Internal Operating Procedures of the Eighth Circuit — Internal Operating Procedures: Appendices
| Event | Comments | References |
| 1. Filing the Notice of Appeal | Appellant files the notice of appeal with the clerk of the district court. The notice of appeal must be filed within: | FRAP 4(a)(1) |
| • 30 days after the district court enters judgment in private civil cases; | FRAP 4(a)(1)(A) | |
| • 60 days after the district court enters judgment in civil cases in which the U.S. is a party; | FRAP 4(a)(1)(B) | |
| • 30 days (60 if the U. S. is a party) after the district court enters judgment when parties in bankruptcy cases appeal by agreement; | FRAP 4(a)(1), 6(a) | |
| • 10 days after the district court enters an interlocutory order containing the statement prescribed by 28 U.S.C. § 1292(b); | FRAP 5(a); 28 U.S.C. § 1292(b)-(d) | |
| • 14 days after the first notice of appeal in cross-appeals or appeals by other parties. | FRAP 4(a)(3) | |
| 2. Payment of Filing Fee ($5) and Docketing Fee ($600) | Appellant pays the fees to the district court clerk when the notice of appeal is filed. For a discussion of proceeding in forma pauperis, see Eighth Circuit Internal Operating Procedures (IOP) § III(B). | FRAP 3(e) |
| 3. Transmission of Notice of Appeal and Docket Entries; Docketing of Appeal | The district court clerk transmits an electronic notice to the court of appeals when the notice of appeal has been filed in the district court and attaches a link to the docket entries and the orders appealed. The court of appeals clerk dockets the appeal and establishes a briefing schedule when the clerk receives this notice. | FRAP 11(e), 12 |
| 8th Cir. R. 11A | ||
| 4. Designation of Record – Appellant | Within 14 days after docketing of the appeal, appellant must elect a method of producing the record from three alternatives: | FRAP 10, 30 |
| 8th Cir. R. 30A(b) | ||
| – joint appendix; | FRAP 30 | |
| 8th Cir. R. 30A(b)(2) | ||
| – separate appendices; or | 8th Cir. R. 30A(b)(3) | |
| – agreed statement. | FRAP 10(d) | |
| 8th Cir. R. 30A(b)(1) | ||
| At the same time, appellant must also file with the appropriate clerks of court and serve on opposing parties; | FRAP 30(b) | |
| – election of method; | ||
| – designation of record, if required; and | ||
| – statement of issues. | ||
| 5. Ordering of Transcript – Appellant | Within 14 days after the appeal is docketed, appellant must order those portions of the transcript necessary for the appeal and arrange for payment of costs, or appellant must file a certificate if no transcript is required. | FRAP 10(b) |
| 6. Filing of Corporate Disclosure Statement | Each nongovernmental party must file a corporate disclosure statement within 7 days of receiving the notice that the appeal has been docketed. | 8th Cir. R. 26.1A |
| 7. Designation of Record – Appellee | Appellee must file a supplemental designation of the record within 14 days after receiving appellant’s designation of the record if appellant’s designation is insufficient. | FRAP 30(b)(1) |
| 8. Ordering of Transcript – Appellee | Appellee must order additional portions of the transcript if necessary and arrange for payment of costs within 14 days after appellant orders the transcript. | FRAP 10(b)(3)(B) |
| 9. Filing of Transcript | The court reporter must file the transcript within 30 days after receiving appellant’s order (and appellee’s order, when applicable). | FRAP 11(b) |
| 10. Submission of Appellant’s Brief | Appellant must submit an electronic version of the brief and addendum within 40 days after the clerk issues the briefing schedule. Appellant must submit ten paper copies of the brief and addendum within five days of issuance of the Notice of Docket Activity stating the brief has been filed. For a discussion on writing the brief, see IOP § III(J). | FRAP 31(a)(1) |
| 11. Submission of Amicus Brief in Support of Appellant | Amicus appellant submit an electronic version of the brief no later than seven days after appellant’s brief has been filed, unless the court grants leave for later filing. Ten copies of paper briefs must be submitted within five days of issuance of the Notice of Docket Activity stating the brief has been filed. | FRAP 29(a)(6) |
| 12. Transmission of Appendix or Agreed Statement of Record | The district court clerk transmits the agreed statement when appellant’s brief is due. Appellant transmits the appendix with its brief. Appellant must ensure that trial exhibits are forwarded to court of appeals or must submit separate appendix with trial exhibits. | FRAP 10(d), 30(a) |
| 8th Cir. R. 30A(b) | ||
| 8th Cir. R. 10A | ||
| 13. Submission of Appellee’s Brief | Appellee must submit an electronic version of the brief within 30 days after appellant’s brief has been filed. Appellee must submit ten paper copies of the brief within five days of issuance of the Notice of Docket Activity stating the brief has been filed. For a discussion on writing the brief, see IOP § III(J). | FRAP 31(a)(1) |
| 14. Submission of Amicus Brief in Support of Appellee | Amicus appellee must submit an electronic version of the brief no later than seven days after appellee’s brief has been filed, unless the court grants leave for later filing. Ten copies of paper briefs must be submitted within five days of issuance of the Notice of Docket Activity stating the brief has been filed. | FRAP 29(a)(6) |
| 15. Screening | All cases are screened for argument or nonargument submission after receipt of appellee’s brief. Counsel may file an objection to the classification within 7 days of receiving notice of the classification. Cases screened for submission without oral argument are assigned to a nonargument panel. | FRAP 34 |
| 8th Cir. R. 34A | ||
| 16. Submission of Appellant’s Reply Brief | Appellant must submit an electronic version of the reply brief within 21 days after appellee’s brief has been filed. Appellant must submit ten paper copies of the reply brief within five days of issuance of the Notice of Docket Activity stating the reply brief has been filed. | FRAP 31(a)(1) |
| 17. Calendaring | The clerk places the appeal on the court’s calendar. Criminal cases, habeas corpus cases, court-expedited case, and cases given priority by statute take precedence over other cases. | 8th Cir. R. 34B |
| 18. Argument | For a discussion of oral argument, see IOP § III(L). | FRAP 34 |
| 19. Opinion/Judgment | The court strives to issue the opinion within 90 days after oral argument or submission to a nonargument panel. | FRAP 36 |
| 20. Filing of Posthearing Motions | The aggrieved party or prevailing party must file posthearing motions within 14 days after the court issues the opinion. These include: | |
| – petition for panel rehearing; petition for rehearing en banc; | FRAP 35, 40 | |
| 8th Cir. R. 35A, 40A | ||
| – motion for correction, modification, or clarification; | FRAP 27(a) | |
| – bill of costs; and – motion for attorneys fees. If the United States is a party in civil case, the petition for panel rehearing and rehearing en banc must be filed within 45 days of the date of the court's judgment. | FRAP 39(d) | |
| 8th Cir. R. 30A(c), 39A(b) | ||
| 8th Cir. R. 47C(a) | ||
| FRAP 40(a)(1) | ||
| 21. Responses to Motions | Unless the court requests, the opposing party is not permitted to file a response to a petition for rehearing | FRAP 40(a) |
| Objection to a bill of costs must be filed within 14 days after service of the bill of costs. | FRAP 39(d) | |
| A response to a motion for correction, modification, or clarification must be filed within 10 days. | FRAP 27(a) | |
| A response to a motion for attorneys fees, must be filed within 7 days. | 8th Cir. R. 47C | |
| 22. Issuance of Mandate | The court of appeals clerk issues the mandate 21 days after entry of judgment, unless the court orders otherwise or unless a timely petition for rehearing is filed. If a timely petition for rehearing is filed, the mandate issues 7 days after denial of the petition. | FRAP 41 |