Federal Circuit Rule 4: Appeal as of Right — Untimely Notice
Rules of Practice and Internal Operating Procedures of the Federal Circuit — Title II. Appeal from a Judgment or Order of a District Court
(a) Statutory Deadlines.
This court cannot waive or extend the statutory deadlines for the filing of a notice of appeal or petition for review.
(b) Untimely Notice or Petition.
The clerk of court may return a notice of appeal or petition for review that is untimely on its face.
Notes
Practice Notes to Rule 4
Time to Appeal.
The table below is provided only as a convenience for counsel, who should refer to the statutes and case law before determining the period available for taking an appeal. Counsel should also be aware of the district court’s authority under Federal Rule of Appellate Procedure 4 to extend or reopen the time for appeal.
| Court | Statute | Time |
| District Courts | 28 U.S.C. § 2107 | 30 days (60 days if U.S. is a party) |
| 15 U.S.C. § 3416(c) | 30 days | |
| Court of International Trade | 28 U.S.C. § 2645(c) | 60 days |
| Court of Federal Claims | 28 U.S.C. § 2522 (Appeals) | 60 days |
| 42 U.S.C. § 300aa-12(f) (Petitions) | 60 days | |
| Court of Appeals for Veterans Claims | 38 U.S.C. § 7292 | 60 days |
For petitions for review from agencies, see the Practice Notes to Rule 15. Existing case law broadly requires this court to enforce statutory deadlines that limit the time allowed for the filing of a notice of appeal or petition for review, and to dismiss a case if the applicable deadline is not met, even if no party objects to such a filing as untimely and even if the filer asserts equitable grounds for excusing untimeliness.
Parties should refer to the statutes and applicable case law to determine whether, in a particular situation, this court may disregard a timeliness defect not identified by a party or excuse non-compliance with a time limit for equitable reasons.
Duty to Notify the Clerk of Postjudgment Motions Pending in the Trial Court.
Even though the district court clerk must forward copies of later docket entries under Federal Rule of Appellate Procedure 3(d), the appellant should promptly notify this court’s clerk if any party in the case files a motion listed in Federal Rule of Appellate Procedure 4(a)(4). Any other party may also notify the clerk in such a case. This court’s clerk of court will deactivate an appeal or petition if a motion listed in Federal Rule of Appellate Procedure 4(a)(4) remains pending. Deactivation of the appeal suspends all further action in the court of appeals. Upon reactivation, the clerk of court will reschedule the next required filings and notify counsel.
Expedited Proceedings.
The overall time for an appeal can be accelerated by the expeditious filing of a notice of appeal shortly after entry of final judgment in the trial forum. When a party is considering seeking expedited proceedings on appeal, the party should consider filing its notice of appeal and principal brief well before the applicable deadlines. For further information on expedition procedures, see the Practice Notes to Rule 27.