Rule 4 Appeal as of Right: Time for Filing Notice of Appeal

Advisory Commission Comments.

Subdivision (a). The 30-day period specified in this subdivision in which to file notice of appeal is to be uniformly applied. It applies to appeals by the state as well as private parties, and in all civil and criminal proceedings. Statutes prescribing some other time period for an appeal are in conflict with these rules and of no further force or effect.

Thirty days is sufficient time particularly in light of the fact that a party is required to do nothing to initiate the appellate process except file and serve notice of appeal. On the other hand, if it is desirable to expedite decision on any matter, notice of appeal may be filed and served immediately upon entry of the judgment appealed from, and an expedited schedule of appellate review may be established as permitted by Rule 2.

The third sentence of this subdivision is intended to alleviate the problem that results if the appellant is unaware that a judgment has been entered by the trial court. This problem can arise, particularly in nonjury actions, because under Tennessee Rule of Civil Procedure 58 a judgment, signed by the judge, is considered entered for purpose of determining the timeliness of an appeal when it is filed with the clerk of the trial court. No notice of the filing need be given. By giving notice under this subdivision of the entry of an appealable judgment, the party in whose favor the judgment was entered may be able effectively to thwart resort to Tennessee Rule of Civil Procedure 60.02 in an attempt to extend the time for appealing beyond the 30 days specified in this rule on the grounds of mistake, inadvertence, surprise or excusable neglect. Nothing in this rule or any other rule permits the time for filing notice of appeal to be extended beyond the specified 30 days, although in appropriate circumstances an otherwise untimely appeal may be taken by first securing relief under Tennessee Rule of Civil Procedure 60.02.

Subdivisions (b), (c), and (d). Subdivisions (b) and (c) specify certain post-trial motions that, if timely filed, terminate the running of the time for filing notice of appeal. These tolling provisions may unduly lengthen litigation if such motions are not ruled on promptly by the trial court. However, unless these motions are abolished, it would be undesirable to proceed with the appeal while the trial court has before it a motion the granting of which would vacate or alter the judgment appealed from, and which might affect either the availability of or the decision whether to seek appellate review. Subdivision (d) establishes the general rule that the right to appeal is not lost by filing a notice of appeal before entry of the judgment appealed from.

Advisory Commission Comment [1995].

This is an amendment to conform Appellate Rule 4 to Civil Rule 59. A motion for discretionary costs does not toll the time for filing a notice of appeal.

Advisory Commission Comment [1999].

If a bankruptcy automatic stay prevents filing a notice of appeal, the appellant has 30 days after lifting of the stay in which to file the notice. See 11 U.S.C. § 108(c).

Advisory Commission Comment [2000].

A notice of appeal filed by a pro se litigant incarcerated in a correctional facility is governed by the prisoner-filing provision in Rule 20(a).

Advisory Commission Comment [2002].

The amendment to Appellate Rule 4(c) corrects an obsolete reference to Criminal Rule 32(f)(1).

Advisory Commission Comment [2004].

The amendment adds to the list in subdivision (c) a motion for withdrawal of a plea of guilty. See State v. Peele, 58 S.W.3d 701 (Tenn. 2001).

Termination of Parental Rights Proceedings. Rule 8A imposes special requirements governing the appeal of any termination of parental rights proceeding. In particular, Rule 8A(a)(2) imposes a special provision regarding the filing of a notice of appeal in such a proceeding.

Advisory Commission Comment [2005].

Paragraphs (b) and (c) of this rule provide that the time for filing a notice of appeal “shall run from the entry of the order denying a new trial or granting or denying any other such motion.” Nonetheless, some parties have filed notices of appeal before post-trial motions specified in this rule were filed or while such motions were pending decision, raising questions about the jurisdiction of a trial court to consider such motions. New paragraph (e) makes clear that a trial court retains jurisdiction over such motions despite the premature filing of a notice of appeal.

If a post-trial motion specified in Rule 4 is timely filed after the filing of a notice of appeal and after the trial court clerk’s service of the notice of appeal on the clerk of the appellate court pursuant to Rule 5(a), the trial court clerk must notify the clerk of the appellate court of the filing of the motion; in addition, the trial court clerk must promptly notify the clerk of the appellate court of the entry of the trial court’s order disposing of the motion.

Advisory Commission Comment [2011].

The amendment of paragraph (b) corrects an erroneous cross-reference, changing "59.02" to "59.07."

Advisory Commission Comment [2013].

Subparagraph (e) of the rule is amended to clarify that a trial court does not lose jurisdiction to rule upon a motion referred to in subparagraph (b) or (c) if the motion was filed within the time permitted by the applicable rule. A notice of appeal filed prior to the timely filing of one of the listed motions, or prior to the court’s ruling on the motion, is deemed to be premature and does not deprive the court of jurisdiction to rule upon the motion.

Advisory Commission Comment [2014].

Subdivision (e) was amended by adding the following text to the second sentence: “or the filing of a notice of appeal prior to the trial court’s ruling on an earlier filed motion [.]” That text was added to clarify that the filing of a notice of appeal prior to the trial court’s ruling on a timely motion specified in subdivision (b) or (c) does not affect the trial court’s ability to rule on the pending motion, so long as the motion was timely filed before or after the filing of the notice of appeal.

Subdivision (e) also was amended by substituting (in four places) the word “subdivision” for the word “subparagraph.”

Advisory Commission Comment [2017].

In 2017, the Appellate Court Clerk's office will implement electronic filing and begin charging fees at the initiation of an appeal. To accommodate these initiatives, subdivision (a) of this rule is amended to change the location for filing the notice of appeal from the office of the trial court clerk to the office of the appellate court clerk. The word "timely" is also added to the second clause of the first sentence in subdivision (a) for the purpose of clarification. The rule is further amended to add a one year transitional rule to lessen the detrimental effect for those who mistakenly attempt to file their notice of appeal at the last minute with the trial court clerk.

Advisory Commission Comment [2018].

The 2018 amendment adds a new subsection (f) to clarify that the terms "party" and "parties" include persons who have filed motions to intervene and desire to take an appeal of right, as is permitted by the 2018 amendments to Rules 3, Tennessee Rules of Appellate Procedure and Rules 24 and 54, Tennessee Rules of Civil Procedure. Effective July 1, 2018, any order granting or denying a motion to intervene shall be a final judgment, and a timely appeal of that final judgment shall be the only method to appeal the grant or denial of a motion to intervene.