Appellate Practice
Notice of Appeal
The filing that starts an appeal by notifying the court and other parties that a judgment or order is being appealed.
Governing rule: Fed. R. App. P. 3, 4
Plain-English definition
A notice of appeal is usually short, but it is jurisdictionally important. It identifies the party appealing and the judgment or order being challenged. Missing the deadline can end the appeal before any merits briefing occurs.
How it works
The notice is filed in the district court, not first in the court of appeals. Timing differs between civil and criminal cases and can change when certain post-judgment motions are filed.
Why it matters
The notice of appeal is tiny compared with a brief, but it is the gateway to appellate review.
Related terms
More in Appellate Practice
Abuse of Discretion
A deferential appellate standard used when reviewing many trial-management and discretionary decisions.
Affirm
An appellate court's confirmation that the lower court's decision was correct and should stand.
Amicus Curiae
Latin: 'friend of the court.' A non-party who files a brief offering perspective or expertise on a legal question before the court.
Certiorari
A discretionary appellate review, especially the U.S. Supreme Court's review of decisions from lower courts.
Clear Error
A deferential standard for reviewing factual findings, reversed only when the appellate court is firmly convinced a mistake was made.
De Novo Review
An appellate standard where the reviewing court gives no deference to the lower court’s legal conclusion.
Dictum
A statement in a court opinion that is not necessary to the holding and therefore not binding precedent.
En Banc
French: 'on the bench.' A hearing or rehearing before all the judges of an appellate court rather than the usual three-judge panel.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.