IOP Appendix B: Chronology of Events for a Typical Criminal 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 | After the district court enters judgment, appellant must file the notice of appeal with the district court clerk within: | FRAP 4(b) |
| – 14 days when defendant appeals; or | ||
| – 30 days when the United States appeals based on statutory authorization. | ||
| 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 Plan to Expedite Criminal Appeals (Plan) § III(A)(2). | FRAP 3(e), 24 |
| 3. Transmission of Notice of Appeal, Docket Entries, and Order of Judgment; Docketing of Appeal | Within two working days after the notice of appeal is filed, the district court clerk transmits to the court of appeals clerk a notice that a notice of appeal has been filed, with a link to the district court 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 | ||
| Plan §§ III(C), IV(A) | ||
| 4. Ordering the Transcript | The district court clerk orders the transcript from the court reporter within 2 working days after the notice of appeal is filed. | Plan § III(A)(1)(a) |
| Appellant must arrange for payment for the transcript when the notice of appeal is filed. | Plan § III(A)(1)(a) | |
| Appellants proceeding in forma pauperis must file a completed CJA Form 24, authorizing government payment for the transcript, with the district court clerk within 7 days of filing the notice of appeal. | Plan § III(A)(2) | |
| 5. Filing of Transcript | In cases not tried or tried in 3 days or less, the court reporter must complete and file the transcript with the district court clerk within 21 days after the notice of appeal is filed. In all other cases, the court reporter must complete and file the transcript within 40 days. | Plan § III(D) |
| 6. Submission of Appellant’s Brief and Addendum | Appellant must submit an electronic version of the brief and addendum within 14 days after the deadline for filing the transcript in the district court (or 35 days after 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 Eighth Circuit Internal Operating Procedures (IOP) § III(J). | Plan § III(B) |
| 7. Screening and Calendaring | The case is screened for argument or nonargument submission when appellant files its brief. Appellant may object to a nonargument classification within 7 days of receiving notice. Cases screened for submission without oral argument are assigned to a panel. Criminal cases are given priority on the argument calendar. | 8th Cir. R. 34A |
| Plan § IV(A) | ||
| 8. Submission of Appellee’s Brief | Appellee must submit an electronic version of the brief and addendum within 21 days after issuance of the Notice of Docket Activity stating that appellant’s brief has been filed. Ten paper copies of the brief and addendum must be submitted 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). | Plan § III(B) |
| 9. Submission of Appellant’s Reply Brief | Appellant must submit an electronic version of the reply brief within 7 days after issuance of the Notice of Docket Activity stating that appellee’s brief has been filed. Ten paper copies of the reply brief must be submitted within five days of issuance of the Notice of Docket Activity stating the brief has been filed. | Plan § III(B) |
| 10. Argument | For a discussion on oral argument, see IOP § III(L). | 8th Cir. R. 34A, 34B |
| IOP § I(D)(2) | ||
| Plan § IV(A) | ||
| 11. Opinion/Judgment | The court strives to issue an opinion within 90 days after oral argument or submission to a nonargument panel. | Plan § I |
| 12. Filing of Posthearing Motions | The aggrieved party or prevailing party must file posthearing motions within 14 days after the court issues the opinion and judgment. 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) | |
| 13. 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) |
| A response to a motion for correction, modification, or clarification must be filed within 10 days. | FRAP 27(a) | |
| 14. Motion to Withdraw | Counsel appointed to represent defendants are obligated to file, at the request of the defendant, a posthearing motion and a petition for writ of certiorari in the United States Supreme Court, or must file a motion to withdraw from the appointment. | Amendment to Part V of the Plan to Implement the Criminal Justice Act of 1964 |