Appellate Practice
Aug. 24, 2005
Amendments to Rule 4(a)(6) Clarify Procedural Questions
Focus Column - Appellate Law - By Benjamin G. Shatz and Lara M. Krieger - The first and most important step in any appeal is the timely filing of a notice of appeal. Without complying with this jurisdictional prerequisite, there is no appeal. See, e.g., Browder v. Director, Department of Corrections ., 434 U.S. 256, 264 (1978). Federal Rule of Appellate Procedure 4(a)(6) is one of only a handful of rules that may help the unfortunate practitioner who fails to file a timely notice of appeal.
Benjamin G. Shatz
Partner in the Appellate Division of Duane Morris LLP's Trial Practice Group in the Los Angeles office, and leader of the firm's West Coast appellate practice.
Appellate Law (Certified), Litigation
Exceptionally Appealing appears the first Tuesday of the month.
The first and most important step in any appeal is the timely filing of a notice of appeal. Without complying with this jurisdictional prerequisite, there is no appeal. See, e.g., Browder v. Director, Department of Corrections., 434 U.S. 256, 264 (1978). Federal Rule of Appellate Procedure 4(a)(6) is one of only a handful of rules that may help the unfortunate practitioner who fails to file a timely notice of appeal.
Accordingly, upcoming amendments to Rule 4(a)(6) that take...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In