What is a notice of appeal?

A notice of appeal is a short filing that tells the court and the other parties that you are appealing a final civil judgment. It identifies the case, the party appealing, the judgment and its date, and usually the court the appeal goes to. Filing it on time is what starts the appeal and gives the appellate court jurisdiction.

How long do I have to file a notice of appeal?

Not long, and each state sets its own deadline. It is often 30 days, and longer in a few states. Small-claims appeals and appeals from lower trial courts can have shorter deadlines. The state-by-state table on this page lists each state's time limit. Treat the deadline as fixed and file well before it.

When does the appeal deadline start running?

It depends on the state's rule, and getting the trigger wrong is a common way to miss the deadline. Some states count from entry of the judgment, some from the date it is signed, some from service of the judgment with written notice of its entry, and some from the date the clerk mails notice of entry. Some states add extra days when notice is served by mail. A timely post-trial motion can also pause or restart the clock in many states.

Can the deadline to file a notice of appeal be extended?

Usually not. In most states the deadline is jurisdictional, and a late notice ends the appeal. A few states have a narrow safety valve, such as a short grace period to file a late notice with a motion showing a reasonable excuse, but the conditions are strict and the window is brief. Never count on one without reading your state's rule.

Does filing a notice of appeal stop the other side from collecting the judgment?

Not by itself. Collection of a money judgment generally continues unless the appellant obtains a stay, usually by posting a supersedeas bond or other security the court approves. Some states stay certain kinds of judgments automatically, but a money judgment usually requires security.

Is an appeal a new trial?

No. An appeal of an ordinary civil judgment is a review of the trial court record for legal error. The appellate court reads the record and the briefs and does not usually take new evidence or hear witnesses. If the evidence you need is not already in the record, an appeal generally cannot add it.

Can I appeal a small claims judgment?

Usually, but the route often differs from an ordinary appeal. Some states give a new trial in a higher trial court, may allow only the losing defendant to appeal, and may require a bond or fee to start the appeal. Other states review small-claims judgments on the record like any other civil appeal. Small-claims deadlines can be shorter than the regular deadline.

Where do I file a notice of appeal?

In most states you file it with the clerk of the trial court that entered the judgment, not with the appellate court. The trial court clerk then sends the notice on to the appellate court. You must also serve a copy on every other party, and many states require a certificate or proof of service.

Is there an official notice of appeal form?

Many states publish one. Some are approved for optional use, and others set a form that every notice must substantially follow. If your court has a form, use it or follow it, because the court's form controls. This template can serve as a working draft for gathering the information the form asks for.

Can I use this notice for a criminal, agency, federal or interlocutory appeal?

No. This notice is for appealing a final civil judgment of a state trial court. Criminal appeals, appeals from administrative agency decisions, appeals in federal court and appeals from non-final (interlocutory) orders have their own rules, deadlines and forms.

Notice of Appeal

Prepare the short filing that starts a civil appeal, then match it to your state's deadline, trigger event and court form.

Find out where you stand — what state are you in?

DocDraft provides document preparation, not legal advice.

Introduction

A notice of appeal is the short document a party files to tell the trial court, the other parties and the appellate court that it is appealing a final civil judgment. It is often a single page. It identifies the case, the party appealing, the judgment appealed from and its date, and usually the court the appeal is taken to. Filing it on time is what gives the appellate court the power to hear the case. The deadline is short, each state sets its own, and in most states it is jurisdictional. It is often 30 days, and longer in a few states. A notice filed even one day late usually ends the appeal, and most courts have little or no power to extend the time. What starts the clock also differs. Depending on the state, it may run from entry of the judgment, from the date the judgment is signed, from service of the judgment with notice of its entry, or from the date the clerk mails notice of entry. Some post-trial motions pause or restart the clock, and some do not. The state-by-state table on this page lists each state's deadline and trigger. A notice of appeal does not argue the case, and filing it does not by itself stop the winning party from collecting the judgment. That takes a stay, which for a money judgment usually means a supersedeas bond or other security. An appeal is also not a new trial. The appellate court reviews the trial record for legal error, although some states handle small-claims appeals as a new trial in a higher trial court. Many states publish an official or approved notice of appeal form. Where your state's court has one, the court's form controls, and this template works as a working draft. This page covers appeals from final civil judgments of state trial courts. Criminal appeals, appeals from administrative agencies, federal court appeals and interlocutory appeals follow different rules. Attorney review is available if you want a lawyer to check your notice and your deadline before you file.

Key Things to Know

1
The deadline is short and usually cannot be missed. It is often 30 days, and longer in a few states. In most states the time limit is jurisdictional, so a late notice is dismissed no matter how strong the appeal would have been, and courts have little or no power to extend it.
2
The event that starts the clock differs by state. Depending on the state's rule, the time may run from entry of the judgment, from the date the judgment is signed, from service of the judgment with written notice of its entry, or from the date the clerk mails notice of entry. Some states also add time when notice is served by mail. Getting the trigger wrong is a common way to miss the deadline.
3
Some post-trial motions change the deadline. In many states a timely motion for a new trial, a motion to alter or amend the judgment, or a similar motion pauses the clock or restarts it once the court rules on the motion. Other motions have no effect on the time. Check your own state's rule before relying on any motion to extend the time.
4
Filing a notice of appeal does not by itself stop collection of the judgment. The winning party can usually keep enforcing a money judgment while the appeal is pending. To pause collection, you generally need a stay, which for a money judgment usually means posting a supersedeas bond or other security approved by the court.
5
An appeal is not a new trial. The appellate court reviews the record from the trial court for legal error and does not usually hear new witnesses or new evidence. Small claims can be different. Some states treat a small-claims appeal as a new trial in a higher trial court, may limit who can appeal, and may set a shorter deadline, while others review small-claims judgments on the record like any other civil appeal.
6
Many states publish official or approved notice of appeal forms. Some are optional, while others set a form that every notice must substantially follow. Where your court has a form, the court's form controls. Some states also require specific contents, such as a copy of the order appealed from or a statement of the relief sought.
7
The notice is usually filed with the clerk of the trial court that entered the judgment, not the appellate court, and a copy must be served on every other party. More deadlines follow quickly, such as designating or ordering the record and transcript, paying the appellate filing fee and, in some states, filing a docketing statement, often within days or a few weeks of the notice.

Notice of appeal deadlines by state

The general period for appealing a final civil judgment. What starts the clock, and which motions pause it, differ by state: open your state's page before you rely on it.

State	Deadline	When the clock starts	Rule
Alabama	42 days		Ala. R. App. P. 4(a)(1), (a)(3), (a)(5)
Alaska	30 days		Alaska R. App. P. 204(a)(1), (a)(3), (a)(5)-(a)(6)
Arizona	30 days		Ariz. R. Civ. App. P. (ARCAP) 9(a), 9(d), 9(e), 9(f)
Arkansas	30 days		Ark. R. App. P.–Civ. 4(a), 4(b)(1), 4(b)(3)
California	60 days	After service of notice of entry; 180 days after entry at the latest	Cal. Rules of Court, rule 8.104(a)(1), (b), (c)
Colorado	49 days		Colo. App. R. 4(a)(1), (3), (4)
Connecticut	20 days	After notice of the judgment is given	Connecticut Practice Book (2026 ed.), Sec. 63-1(a)-(c)
Delaware	30 days		Del. Sup. Ct. R. 6(a)(i)
Florida	30 days	After rendition (the signed order is filed with the clerk)	Fla. R. App. P. 9.110(b)
Georgia	See the state page
Hawaii	30 days		Hawai'i Rules of Appellate Procedure (HRAP), Rule 4(a)(1)-(5)
Idaho	42 days		Idaho Appellate Rule 14(a)
Illinois	30 days		Ill. S. Ct. R. 303(a)(1)-(2), (d)
Indiana	30 days		Ind. R. App. P. 9(A)(1), (A)(5)
Iowa	30 days		Iowa R. App. P. 6.101(1)(a)-(c), 6.101(3)-(5)
Kansas	30 days		K.S.A. 60-2103(a)
Kentucky	30 days		Ky. R. App. P. (RAP) 3(A), 3(D), 3(E)
Louisiana	60 days	Devolutive appeal; a suspensive appeal (which stays execution) has a shorter period	La. Code Civ. Proc. arts. 2087(A)-(E), 2123(A)-(D), 1974, 1913
Maine	21 days		Maine Rules of Appellate Procedure, Rule 2B(a)(1), (c)(1)-(2), (d)(1)-(2)
Maryland	30 days		Md. Rule 8-202(a)-(f)
Massachusetts	30 days		Mass. R. App. P. 4(a)(1)(A), 4(a)(2), 4(c)
Michigan	21 days		MCR 7.204(A)(1),(3)
Minnesota	60 days		Minn. R. Civ. App. P. 104.01, Subd. 1-3
Mississippi	30 days		Miss. R. App. P. 4(a), (d), (g), (h)
Missouri	10 days	After the judgment becomes final (generally 30 days after entry)	Mo. Sup. Ct. R. 81.04(a)
Montana	30 days		M.R.App.P. Rule 4(5)(a), Rule 4(6) (Title 25, ch. 21, part 1, MCA)
Nebraska	30 days		Neb. Rev. Stat. § 25-1912(1)-(3)
Nevada	30 days		Nev. R. App. P. 4(a)(1)-(5)
New Hampshire	30 days		N.H. Sup. Ct. R. 7(1)(A), (1)(C), (2)
New Jersey	45 days		N.J. Ct. R. 2:4-1(a)-(b), 2:4-3, 2:4-4(a)
New Mexico	30 days		Rule 12-201(A), (B), (D), (E), (F) NMRA
New York	30 days	After service of the judgment with notice of entry	CPLR 5513(a)
North Carolina	30 days		N.C. R. App. P. 3(c)
North Dakota	60 days	After service of notice of entry	N.D.R.App.P. 4(a)(1), (a)(3)(A), (a)(4)
Ohio	30 days		Ohio R. App. P. 4(A)-(D)
Oklahoma	30 days		12 O.S. § 990A(A)
Oregon	30 days		ORS 19.255(1)-(2)
Pennsylvania	30 days		Pa.R.A.P. 903(a)
Rhode Island	20 days		R.I. Sup. Ct. Rules of Appellate Procedure, Article I, Rule 4(a)
South Carolina	30 days		SCACR Rule 203(b)(1), (d)(3)
South Dakota	30 days		SDCL 15-26A-6
Tennessee	30 days		Tenn. R. App. P. 4(a)-(d)
Texas	30 days	After the judgment is signed; 90 days with a timely motion for new trial	Tex. R. App. P. 26.1(a)-(d), 26.3, 27.1(a), 28.1
Utah	30 days		Utah R. App. P. 4(a), (b), (e), (g)
Vermont	30 days		V.R.A.P. 4(a)(1), 4(b), 4(b)(5), 4(d), 4(a)(6)
Virginia	30 days		Code of Virginia 8.01-675.3
District of Columbia	30 days		D.C. App. R. 4(a)(1), (4), (5), (6), (7)
Washington	30 days		Wash. R. App. P. (RAP) 5.2(a), (c), (e)
West Virginia	30 days		W. Va. R. App. P. 5(b), 5(f)
Wisconsin	45 days	If notice of entry is given within 21 days; otherwise 90 days after entry	Wis. Stat. 808.04(1)-(2)
Wyoming	30 days		Wyo. R. App. P. 2.01(a), 2.01(a)(1)-(2), 2.02(a)-(c)

Key Decisions

The Judgment You Are Appealing

Your Deadline

Filing and Costs

Notice of Appeal Requirements

File Before Your State's Deadline
The deadline to file a notice of appeal is short, is set by each state's rules, and is usually jurisdictional: a late notice generally forfeits the appeal and cannot be excused. Confirm what starts your state's clock, whether entry of the judgment or service of notice of entry.
Identify the Judgment Precisely
Identify the judgment or order being appealed by its title, the court that entered it, the case number and the date it was entered.
Name the Parties and the Appellant
Name every party to the case and state which party or parties are appealing.
Name the Court You Are Appealing To
State the court the appeal is taken to. In most states the notice is filed with the clerk of the trial court, not with the appellate court.
Use Your State's Official Form Where One Exists
Many states publish an official or mandatory notice of appeal form. Where one exists, the court's form controls and should be used.
Serve the Notice on Every Other Party
Serve a copy of the notice on every other party or their attorney in the manner your state's rules require, and keep proof of service.
Pay the Filing Fee or Request a Waiver
Pay the filing fee when you file, or apply for a fee waiver if you cannot afford it. Fees vary by state and court, so confirm the current amount with the clerk.
Understand That Filing Does Not Stop Collection
Filing a notice of appeal does not by itself stop the other side from collecting the judgment. Stopping enforcement generally requires a stay or a supersedeas bond under your state's rules.
Calendar the Next Appellate Deadlines
Filing the notice starts further deadlines, such as ordering the record or transcript and filing a docketing statement. Calendar them as soon as the notice is filed.

Customize your Notice of Appeal Template with DocDraft

NOTICE OF APPEAL

IN THE NAME OF TRIAL COURT COUNTY OF COUNTY NAME, STATE OF STATE NAME

PLAINTIFF NAME, Plaintiff,

DEFENDANT NAME, Defendant.

Case No. TRIAL COURT CASE NUMBER Judge: NAME OF TRIAL JUDGE

NOTICE OF APPEAL

NOTICE IS GIVEN that APPELLANT NAME, the PLAINTIFF OR DEFENDANT in this action, appeals to the NAME OF APPELLATE COURT from the final judgment of this court described below.

Judgment appealed from. The appellant appeals from the TITLE OF JUDGMENT OR ORDER entered in this action on DATE OF ENTRY OF JUDGMENT, and signed on DATE JUDGMENT WAS SIGNED. The judgment is a TYPE OF JUDGMENT, SUCH AS JUDGMENT AFTER JURY TRIAL, JUDGMENT AFTER COURT TRIAL, DEFAULT JUDGMENT, SUMMARY JUDGMENT, OR ORDER OF DISMISSAL.

[IF APPLICABLE: The appellant appeals only from the following part of the judgment: PART OF THE JUDGMENT APPEALED FROM.]

Court appealed to. This appeal is taken to the NAME OF APPELLATE COURT, DISTRICT OR DEPARTMENT IF ANY.
Parties. The appellant is APPELLANT NAME, PLAINTIFF-APPELLANT OR DEFENDANT-APPELLANT. The appellee is APPELLEE NAME, PLAINTIFF-APPELLEE OR DEFENDANT-APPELLEE.
Post-judgment motions. [IF APPLICABLE: On DATE MOTION WAS FILED, PARTY NAME filed a TYPE OF POST-JUDGMENT MOTION. That motion was decided by order entered on DATE OF ORDER, OR REMAINS PENDING AS OF THE DATE OF THIS NOTICE.]
Relief sought. The appellant asks the appellate court to REVERSE, VACATE, OR MODIFY the judgment and to grant RELIEF SOUGHT ON APPEAL.
Attachments. [IF APPLICABLE: A copy of the judgment or order appealed from is attached to this notice.]

Dated: DATE OF SIGNING

SIGNATURE PRINTED NAME APPELLANT, SELF-REPRESENTED, OR ATTORNEY FOR APPELLANT BAR NUMBER, IF AN ATTORNEY MAILING ADDRESS CITY, STATE, ZIP CODE TELEPHONE NUMBER EMAIL ADDRESS

CERTIFICATE OF SERVICE

I certify that on DATE OF SERVICE, I served a true copy of this Notice of Appeal on each person listed below by METHOD OF SERVICE, SUCH AS FIRST-CLASS MAIL, EMAIL, ELECTRONIC FILING SERVICE, OR PERSONAL DELIVERY, addressed as follows:

NAME OF PARTY OR ATTORNEY, ATTORNEY FOR PARTY NAME MAILING OR EMAIL ADDRESS

[IF APPLICABLE: NAME OF COURT REPORTER, COURT REPORTER FOR THE TRIAL COURT, MAILING OR EMAIL ADDRESS]

SIGNATURE PRINTED NAME

Find out where you stand — what state are you in?

Introduction

Key Things to Know

Notice of appeal deadlines by state

Key Decisions

The Judgment You Are Appealing

Your Deadline

Filing and Costs

Notice of Appeal Requirements

File Before Your State's Deadline

Identify the Judgment Precisely

Name the Parties and the Appellant

Name the Court You Are Appealing To

Use Your State's Official Form Where One Exists

Serve the Notice on Every Other Party

Pay the Filing Fee or Request a Waiver

Understand That Filing Does Not Stop Collection

Calendar the Next Appellate Deadlines

Customize your Notice of Appeal Template with DocDraft

Frequently Asked Questions