2. Time limits for filing appeals
Posts
-
Alabama
An appeal from a decision granting or denying preliminary injunctive relief should be made within 14 days to the Supreme Court of Alabama. Ala. R. Civ. P. 4(a)(1)(A). Otherwise, a notice of appeal must be filed with the clerk of the trial court within forty-two days (six weeks) of the date of entry of a final order. The Alabama Supreme Court may expedite an appeal for good cause but may not extend the time for taking an appeal.
-
Alaska
The ordinary time limit for appealing a final, appealable ruling by the superior court is 30 days. Note that if there is to be an appeal concerning an award of attorney fees in connection with this matter, the time limit for appealing that ruling is separate, and the time for appealing the underlying ruling on the merits may expire before the time for filing an appeal of the attorney fee decision.
-
Arkansas
Notice of appeal must be filed with the clerk of the trial court within 30 days of the entry of judgment, unless a post-trial motion is filed. Ark. R. App. P.–Civ. 4. In that event, the notice of appeal must be filed within 30 days of the trial court’s disposition of the motion or within 30 days of the date on which the motion is deemed denied by operation of law. Ark. R. App. P.–Civ. 3 & 4. The record on appeal must be filed with the clerk of the Supreme Court within 90 days of the filing of the notice of appeal, though an extension of time may be obtained from the trial court. Ark. R. App. P.–Civ. 5.
-
California
The petition for extraordinary writ (writ of mandate) must be filed within 20 days after service on the party of the notice of entry of order (plus an additional 5 days if service is by mail), or within such further time (not exceeding an additional 20 days) as the trial court for good cause may allow. Cal. Gov't Code § 7923.500(b). See, e.g., Austin v. Cty. of Burbank, 67 Cal. App. 5th 654, 656, 282 Cal. Rptr. 3d 519 (2021)(dismissing notice of appeal filed 21 days after entry of minute order stating petition was denied and tentative ruling was being adopted as final ruling and directing defendant to prepare proposed judgment); MinCal Consumer Law Group v. Carlsbad Police Dept., 214 Cal. App. 4th 259, 263, 265-66, 153 Cal. Rptr. 3d 577 (noting one-day delay is fatal because time limit for writ review is jurisdictional).
An order of the trial court is not automatically stayed and any party wishing a stay must affirmatively seek one. Cal. Gov’t Code § 7923.500(d).
-
Colorado
An appeal to the Court of Appeals must be filed within 45 days of the date of the final order in the district court. C.A.R. 4(a).
A petition to the Supreme Court under C.A.R. 21 should be filed at the earliest practicable time. There is no time limitations on the petition, but it must be "within a reasonable time" of the district court's order. -
Connecticut
Appeals must be filed within 30 days.
-
District of Columbia
The rules governing appeals from the District of Columbia Superior Court apply.
-
Indiana
A notice of appeal must be filed with the trial court clerk within 30 days after the entry of a final judgment or within 30 days after the notation of an interlocutory order. Ind. R. App. P. 9(A)(1); 14. The notice of appeal has replaced the praecipe for appeal. App. R. 2(I); 9(A)(4). Failure to file the notice of appeal means that the appellate court does not have jurisdiction, Neu v. Gibson, 968 N.E.2d 262, 269 (Ind. Ct. App. 2012), and will forfeit the right to appeal, App. R. 9(A)(5).
Within 30 days of a party filing of a notice of appeal, the trial court clerk must assemble the Clerk’s Record, which consists of the chronological case summary and all papers, pleadings, documents, orders, judgments and other materials filed in the trial court. App. R. 2(E), 10(B). Within 45 days of the appellant filing the Notice of Appeal, the court reporter must file the Transcript with the trial court clerk. App. R. 11(B). Briefing deadlines are tied to the date the record is filed. App. R. 45.
-
Massachusetts
Thirty days from date of Superior Court judgment. M.R. App. P. 4(a).
-
Michigan
Usual time limits for appeals under Michigan Court Rules apply. The FOIA, however, specifies that court actions and appeals therefrom must be expedited in every way. Mich. Comp. Laws Ann. § 15.240(5). A trial court’s order denying a motion for summary judgment and dismissing the only claim is a final appealable order. See MLive Media Grp. v. City of Grand Rapids, 321 Mich. App. 263, 909 N.W.2d 282 (2017).
-
Mississippi
An appeal must generally be brought within 30 days after entry of final judgment by the trial court. See Miss. R. App. P. 4.
-
Nebraska
Notice of appeal and docket fee must be filed with clerk of district court within one month after judgment. Neb. Rev. Stat. §25-1912 (Reissue 2016). For time limits on filing transcript, bill of exceptions and briefs in Court of Appeals, see Neb. Rev. Stat. §25-1912 (Reissue 2016) and Neb. Sup. Ct. R.§§ 2-104, 2-105 and 2-109.
-
New Hampshire
An appeal must be filed within thirty days of the date on the clerk's written notice of the decision on the merits.
-
New Jersey
The time limit for appeal from a decision of the Superior Court, Law Division is 45 days from the entry of the final judgment or order. R. 2:4-1. A notice of petition for certification seeking review by the Supreme Court of a final judgment of the Appellate Division must be filed within 20 days of entry of final judgment. R. 2:12-3.
-
New Mexico
Generally, thirty days but may be subject to exceptions depending on various procedures.
-
New York
An appeal as of right must be taken within thirty days after service upon the appellant of a copy of the judgment or order appealed from and written notice of its entry. N.Y. Civ. Prac. L. & R. § 5513(a). A motion for permission to appeal must be made within thirty days of the date of service, upon the party seeking permission, of a copy of the order or judgment appealed from and written notice of its entry. N.Y. Civ. Prac. L. & R. § 5513(b) (McKinney 1978).
-
North Carolina
An appeal from a judgment or order in a civil action must be taken within 30 days after its entry. N.C.R. App. P. 8(c).
-
North Dakota
In a civil case, the notice of appeal must be filed with the clerk of the district court within sixty days of the date of service of notice of entry of the judgment or order.
-
Ohio
To appeal to the Court of Appeals, the time limit is 30 days from the date of entry of the contested judgment. Ohio R. App. P. 4(A). To appeal to the Supreme Court, the time limit is 45 days. Ohio Sup Ct Rule 2.2(A)(1). If the appeal is due to a split among the Ohio Courts of Appeal then the time limit is 30 days. Ohio Sup Ct Rule 2.2(A)(1), 4.1.
-
Pennsylvania
30 days.
-
Rhode Island
Appeal must be filed within twenty days of final judgment. R.I. Supreme Court Rule of Appellate Procedure 4.
-
South Carolina
A notice of appeal must be served and filed within 30 days of receipt of the trial court order and appellant has 30 days thereafter to order a copy of the trial transcript. The schedule for briefing is established by the South Carolina Appellate Court Rules.
-
South Dakota
Within 30 days. SDCL §15-26A-6.
-
Tennessee
The time limit for filing an appeal is within 30 days after the date of entry of the final judgment. Tenn. R. App. P. 4(a). Appeals must be made pursuant to the Tennessee Rules of Appellate Procedure, which make no distinctions for open records cases. Appeal as of right would be to the Tennessee Court of Appeals. Thereafter, permissive appeal may be made to the Tennessee Supreme Court within 60 days after the Court of Appeals' decision.
-
Vermont
Any appeal of the trial court’s decision, which is to the Vermont Supreme Court, must be accomplished within 30 days of the decision using ordinary appellate procedures and rules. 1 V.S.A. § 319(b) provides that, as with proceedings before the superior court, appeals shall be “expedited in every way,” including being assigned “for argument at the earliest practicable date.”
-
Virginia
Appeals from general district court to circuit court must be taken within ten days of a final order or judgment. Va. Code Ann. § 16.1-106. Notice of appeal to the Supreme Court of Virginia from circuit court must be filed within 30 days of final judgment. Va. Supreme Court Rule 5:17. As noted above, effective January 1, 2022, consult the Code of Virginia and the Rules of the Supreme Court of Virginia for changes to appellate procedure driven by the expansion of the jurisdiction of the Virginia Court of Appeals.
-
West Virginia
The losing party has four months from the entry of the circuit court's ruling to appeal to the state Supreme Court. W. Va. Code § 58-5-4. However, the trial court judge may, prior to the expiration of such period of four months, enter an order to extend and re-extend the appeal period for up to two months, for good cause shown, if a request for preparation of a trial transcript was made by the appellant within thirty days of the entry of such judgment, decree or order. Id.