Federal Rules of Appellate Procedure – 2026

The Federal Rules of Appellate Procedure govern how appeals are handled in the United States courts of appeals. They cover how to file an appeal, how briefs are prepared, and how oral arguments are conducted.

Last updated August 01, 2026

Browse all 65 rules of the 2026 edition below. Each rule includes the full text, a plain-English summary, committee notes, amendment history, and cross-references to related rules. Use the search box to find rules by keyword or number.

Title I: Applicability of Rules

Rule 1 Scope of Rules; Definition; Title Rule 2 Suspension of Rules

Title II: Appeal from a Judgment or Order of a District Court

Rule 3 Appeal as of Right—How Taken Rule Rule 3.1 Appeal from a Judgment of a Magistrate Judge in a Civil Case (Abrogated Apr. 24, 1998, eff. Dec. 1, 1998) Rule 4 Appeal as of Right—When Taken Rule 5 Appeal by Permission Rule Rule 5.1 Appeal by Leave under 28 U.S.C. § 636(c)(5) (Abrogated Apr. 24, 1998, eff. Dec. 1, 1998) Rule 6 Appeal in a Bankruptcy Case or Proceeding Rule 7 Bond for Costs on Appeal in a Civil Case Rule 8 Stay or Injunction Pending Appeal Rule 9 Release in a Criminal Case Rule 10 The Record on Appeal Rule 11 Forwarding the Record Rule 12 Docketing the Appeal; Filing a Representation Statement; Filing the Record Rule 12.1 Remand After an Indicative Ruling by the District Court on a Motion for Relief That Is Barred by a Pending Appeal

Title III: Appeals from the United States Tax Court

Rule 13 Appeals from the Tax Court Rule 14 Applicability of Other Rules to Appeals from the Tax Court

Title IV: Review or Enforcement of an Order of an Administrative Agency, Board, Commission, or Officer

Rule 15 Review or Enforcement of an Agency Order—How Obtained; Intervention Rule 15.1 Briefs and Oral Argument in a National Labor Relations Board Proceeding Rule 16 The Record on Review or Enforcement Rule 17 Filing the Record Rule 18 Stay Pending Review Rule 19 Settlement of a Judgment Enforcing an Agency Order in Part Rule 20 Applicability of Rules to the Review or Enforcement of an Agency Order

Title V: Extraordinary Writs

Rule 21 Writs of Mandamus and Prohibition, and Other Extraordinary Writs

Title VI: Habeas Corpus; Proceedings in Forma Pauperis

Rule 22 Habeas Corpus and Section 2255 Proceedings Rule 23 Custody or Release of a Prisoner in a Habeas Corpus Proceeding Rule 24 Proceeding in Forma Pauperis

Title VII: General Provisions

Rule 25 Filing and Service Rule 26 Computing and Extending Time Rule 26.1 Disclosure Statement Rule 27 Motions Rule 28 Briefs Rule 28.1 Cross-Appeals Rule 29 Brief of an Amicus Curiae Rule 30 Appendix to the Briefs Rule 31 Serving and Filing Briefs Rule 32 Form of Briefs, Appendices, and Other Papers Rule 32.1 Citing Judicial Dispositions Rule 33 Appeal Conferences Rule 34 Oral Argument Rule 35 (Transferred to Rule 40) Rule 36 Entry of Judgment; Notice Rule 37 Interest on Judgment Rule 38 Frivolous Appeal—Damages and Costs Rule 39 Costs Rule 40 Panel Rehearing; En Banc Determination Rule 41 Mandate: Contents; Issuance and Effective Date; Stay Rule 42 Voluntary Dismissal Rule 43 Substitution of Parties Rule 44 Case Involving a Constitutional Question When the United States or the Relevant State is Not a Party Rule 45 Clerk’s Duties Rule 46 Attorneys Rule 47 Local Rules by Courts of Appeals Rule 48 Masters

Appendix of Forms

Rule Form 1 Superseded by Forms 1A and 1B Rule Form 1A Notice of Appeal to a Court of Appeals From a Judgment of a District Court Rule Form 1B Notice of Appeal to a Court of Appeals From an Appealable Order of a District Court Rule Form 2 Notice of Appeal to a Court of Appeals From a Decision of the United States Tax Court Rule Form 3 Petition for Review of Order of an Agency, Board, Commission or Officer Rule Form 4 Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis Rule Form 5 Notice of Appeal to a Court of Appeals From a Judgment or Order of a District Court or a Bankruptcy Appellate Panel Rule Form 6 Certificate of Compliance With Type-Volume Limit Rule Form 7 Declaration of Inmate Filing

Length Limits

Rule App. Length Limits Stated in the Federal Rules of Appellate Procedure

Frequently Asked Questions

What do the Federal Rules of Appellate Procedure cover?

The Federal Rules of Appellate Procedure (FRAP) govern how appeals are handled in the United States courts of appeals, the intermediate federal appellate courts that sit below the Supreme Court. They lay out the steps for filing a notice of appeal, preparing and submitting briefs, and presenting oral arguments. If you are involved in a federal appeal, FRAP is the primary rulebook for the process.

How are the Federal Rules of Appellate Procedure different from other federal court rules?

FRAP applies specifically to appeals in the federal courts of appeals and is separate from the Federal Rules of Civil Procedure (FRCP), which govern trials and pretrial matters in federal district courts. There are also Federal Rules of Criminal Procedure and Federal Rules of Evidence, each covering a different stage or type of federal proceeding. State courts have their own appellate rules, so FRAP does not apply to appeals in state court systems.

Where in FRAP can I find the rules about filing briefs?

Brief requirements are mainly found in Rules 28 through 32 of FRAP, which cover what a brief must contain, the order of its sections, word and page limits, and formatting standards. Rule 28 addresses the required contents of opening and response briefs, while Rule 32 sets out the technical formatting requirements. If you are looking for rules about reply briefs or supplemental appendices, those are covered in nearby rules in the same section of the 65-rule set.

How long do I have to file an appeal in a civil case?

In most civil cases, Rule 4(a) requires a notice of appeal to be filed within 30 days after the entry of the judgment or order being appealed. If the United States is a party, the deadline is 60 days. A few post-judgment motions (like a motion for new trial under FRCP Rule 59) restart the clock. The court can extend the deadline for excusable neglect, but only up to an additional 30 days.

What are the formatting and length requirements for appellate briefs?

Rules 28 through 32 cover brief requirements. A principal brief is limited to 13,000 words and a reply brief to 6,500 words. Briefs must use 14-point proportionally spaced type with specific margin requirements. Rule 28 specifies the required sections: table of contents, table of authorities, jurisdictional statement, statement of the issues, statement of the case, argument, and a short conclusion.

What is an interlocutory appeal and when is one allowed?

An interlocutory appeal is an appeal of a ruling that is not the final judgment in a case. Rule 5 governs appeals by permission, which require the district court to certify that the order involves a controlling question of law and that an immediate appeal may materially advance the case. The court of appeals has discretion to accept or deny the appeal. A few types of orders (like injunctions under 28 U.S.C. 1292(a)) can be appealed as of right.

How do stays pending appeal work under Rule 8?

Rule 8 allows a party to ask the district court, and then the court of appeals, to stay (pause) enforcement of a judgment while the appeal is pending. The court considers four factors: whether the applicant is likely to succeed on the merits, whether the applicant will be irreparably harmed without a stay, whether a stay will substantially injure the other party, and where the public interest lies.

What happens during oral argument under Rule 34?

Rule 34 gives the court of appeals discretion to decide cases with or without oral argument. If argument is held, each side typically gets a set amount of time (often 15 or 20 minutes). The appellant argues first, the appellee responds, and the appellant may reserve time for rebuttal. The court may ask questions at any point. Many appeals are decided on the briefs alone, without oral argument.