--- name: notice-of-appeal title: Notice of Appeal description: Drafts a Notice of Appeal to initiate appellate review of a trial court judgment or order in US federal and state courts. Use when filing a notice of appeal, commencing appellate review, or preserving appellate jurisdiction after an adverse ruling. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/notice-of-appeal license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: litigation language: en --- # Notice of Appeal Drafts a jurisdictional Notice of Appeal that invokes appellate review and preserves the appellant's right to challenge a trial court ruling. The notice contains no substantive arguments — it invokes jurisdiction only. ## Quick Start Gather before drafting: 1. **Appealable judgment/order** — final judgment, FRCP 54(b) partial judgment, 28 U.S.C. § 1292(b) interlocutory order, or collateral order 2. **Exact docket entry date** — date entered on docket (not signed or received) 3. **Party names** — full legal names with trial designations and appellate designations (appellant/appellee) 4. **Case numbers** — trial court number; appellate number if assigned 5. **Court names** — trial court and appellate court 6. **Filing deadline** — confirmed per deadline table below 7. **Attorney info** — name, bar number, firm, address, phone, email ## Filing Deadlines | Context | Deadline | Authority | |---|---|---| | Federal civil | 30 days from entry | FRAP 4(a)(1)(A) | | Federal civil (US party) | 60 days from entry | FRAP 4(a)(1)(B) | | Federal criminal | 14 days from entry | FRAP 4(b)(1)(A) | | Post-judgment motion pending | 30 or 60 days from disposition, matching party-status deadline | FRAP 4(a)(4)(A), 4(a)(1)(A)-(B) | | State courts | Varies — confirm rule | [VERIFY] jurisdiction-specific | **Warning**: Deadlines are jurisdictional and non-waivable. Confirm before drafting. ## Document Template ``` [APPELLATE COURT NAME] [PARTY NAME(S)], Appellant(s) / [Trial Designation], v. Case No. [Trial Court No.] Appellate Case No. [if assigned] [PARTY NAME(S)], Appellee(s) / [Trial Designation]. NOTICE OF APPEAL [Appellant name], by and through [undersigned counsel / pro se], hereby appeals to the [Appellate Court Name] from the [judgment/order — describe with specificity] entered on [exact entry date] by the [Trial Court Name] in the above-captioned matter. [If multiple orders, list each separately:] 1. [Description of order/judgment] entered [date] 2. [Description of order/judgment] entered [date] Respectfully submitted, _______________________________ [Attorney Name] (Bar No. [#]) [Firm Name] [Address] [Phone] [Email] Counsel for Appellant [Party Name] Date: [Date] CERTIFICATE OF SERVICE I certify that on [date], a copy of this Notice of Appeal was served on the following by [method of service]: [Name, Address of each party/counsel served] _______________________________ [Attorney Name] ``` ## Completion Checklist - [ ] Dual caption (trial court + appellate court) - [ ] All party names with trial and appellate designations - [ ] Trial court case number (and appellate number if assigned) - [ ] Specific identification of judgment/order appealed - [ ] Exact docket entry date for each order appealed - [ ] Signature block with bar number and full contact info - [ ] Certificate of service with date, method, and recipients - [ ] Jurisdiction-required attachments (cover sheet, docketing statement) ## Common Pitfalls - **Wrong date** — use docket entry date, never the signing or receipt date - **Substantive arguments** — never include reasons for appeal or assignments of error - **Interlocutory appeals** — describe the order specifically enough to distinguish from other rulings - **Service gaps** — serve all parties and trial court clerk per local rule - **Format noncompliance** — check local rules for margins, font, spacing, e-filing requirements, and cover sheets - **Pro se appellants** — include appellant's own address and contact info in signature block - **Multiple appellants** — name each; a single notice may cover all if local rule permits