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Appeals › Notice of Appeal › Filing Deadlines

Fox Rothschild LLP

Court of Appeals Saves Appellant From Post Office Predicament

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It’s the stuff of nightmares: you drop your notice of appeal in the mail 24 days after a summary-judgment order is entered against your client, trusting the post office will manage to get it into the clerk’s hands for filing...more

Venable LLP

No Need to Notify Anew: Supreme Court Holds Premature Notice of Appeal Can Relate Forward

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Missing the deadline to file a notice of appeal has severe consequences. A late notice of appeal in a civil case deprives the United States Court of Appeals of jurisdiction, meaning no appeal can take place. In the event a...more

Chartwell Law

Getting Ready to Appeal

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I had the opportunity to spend two weeks in early March as appellate counsel at a hotly contested wrongful death trial. Seated next to lead trial counsel, I had a ringside seat where I could observe the jury minute by minute,...more

Fox Rothschild LLP

Fourth Circuit Holds Actual Notice Required For FRAP 4(a)(6)

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Most practitioners are likely happy to have limited familiarity with Rule 4(a)(6) of the Federal Rules of Appellate Procedure. The Rule allows the district court, in its discretion, to reopen for 14 days a party’s time to...more

Fox Rothschild LLP

Whoever Said “Don’t Count the Days, Make the Days Count,” Must Not Have Needed to File a Notice of Appeal

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While the Rolling Stones may have believed that time was on their side, today the Court of Appeals reminded prospective appellants that, when faced with a deadline for filing a Notice of Appeal, time is definitely not on...more

Dickinson Wright

Jurisdictional vs Nonjurisdictional Appeal Filing Deadlines

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Most of us think of appeal filing deadlines as absolute. That certainly is the case under the Michigan Court Rules. But as demonstrated by a recent decision from the United States Supreme Court, Hamer v Neighborhood Housing...more

Robins Kaplan LLP

SCOTUS: Only Appeal Filing Deadlines Prescribed by Statute are “Jurisdictional”

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On November 8, 2017, the Supreme Court issued an unanimous opinion in Hamer v. Neighborhood Housing Services of Chicago, Case No. 16-658, clarifying that an appeal filing deadline prescribed by statute is “jurisdictional,”...more

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