Tennessee Notice of Appeal
Tennessee sends the notice of appeal to the clerk of the appellate court rather than the trial court, and in a civil case the 30-day deadline generally cannot be extended.
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Introduction
In Tennessee, a notice of appeal to the Court of Appeals from a final civil judgment must be filed within 30 days after the date of entry of the judgment appealed from, not from when a party is served with notice of the judgment (Tenn. R. App. P. 4(a)). A General Sessions Court judgment does not follow this route: it has its own, much shorter appeal process to circuit court, so confirm that deadline with the General Sessions clerk immediately. A notice filed before entry is treated as filed on the day of entry (Tenn. R. App. P. 4(d)). In a civil case, a timely motion under Tennessee Rule of Civil Procedure 50.02 (for judgment in accordance with a motion for directed verdict), 52.02 (to amend or make additional findings), 59.07 (for a new trial), or 59.04 (to alter or amend the judgment) tolls the 30 days, which then runs from entry of the order disposing of that motion (Tenn. R. App. P. 4(b)); a motion for discretionary costs does not toll it. Rule 4(a) also allows an untimely notice of appeal to be waived in the interest of justice, but that waiver applies only in criminal cases, so in a civil case the 30-day deadline is treated as jurisdictional and generally cannot be extended; the Advisory Commission Comment notes that an otherwise untimely appeal may sometimes still proceed only if the appellant first obtains relief from the judgment itself under Tennessee Rule of Civil Procedure 60.02, which is a separate remedy and not an extension of the appeal deadline. Since a rule amendment effective July 1, 2017, the notice of appeal is filed with the clerk of the appellate court, meaning the Court of Appeals, the Court of Criminal Appeals, or the Supreme Court, rather than with the trial court clerk as in most states (Tenn. R. App. P. 3(e), 4(a)); the appellate clerk then sends a copy to the trial court. Filing the notice does not by itself stop collection of the judgment; only a bond under Tennessee Rule of Civil Procedure 62.05 does that. A civil appeal to the Court of Appeals reviews the trial court record for legal error and is not a new trial. Criminal appeals, appeals from state agencies, appeals to federal court, and interlocutory appeals follow different rules and are not covered on this page. Attorney review is available before you file.
Key Things to Know
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A notice of appeal to the Court of Appeals is due within 30 days after the date of entry of the judgment appealed from, not from when you are served with the judgment (Tenn. R. App. P. 4(a)); a notice filed before entry is treated as filed on the day of entry (Rule 4(d)). A timely motion under Tenn. R. Civ. P. 50.02, 52.02, 59.07, or 59.04 tolls the 30 days until entry of the order disposing of that motion (Rule 4(b)); a motion for discretionary costs does not toll it. A General Sessions Court judgment does not follow this route: it has its own, much shorter appeal process to circuit court, so confirm that deadline with the General Sessions clerk immediately.
- 2
The 30-day deadline is generally not extendable in a civil case. Rule 4(a)'s waiver of an untimely notice in the interest of justice applies only in criminal cases; the Advisory Commission Comment says nothing permits extending the 30 days, though an otherwise untimely appeal may in appropriate circumstances still proceed only after the appellant first obtains relief from the judgment under Tenn. R. Civ. P. 60.02.
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File the notice with the clerk of the appellate court, meaning the Court of Appeals, Court of Criminal Appeals, or Supreme Court, not the trial court clerk; this changed with a rule amendment effective July 1, 2017 (Tenn. R. App. P. 3(e), 4(a)). The appellate clerk then sends a copy to the trial court clerk designated in the notice (Rule 5(a)).
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The notice must specify the party or parties appealing, designate the judgment appealed from, and name the court appealed to (Tenn. R. App. P. 3(f)); no appeal is dismissed for informality of the notice's form or title. Rule 3(f) sets no numbered mandatory form, but using the illustrative Form 1 in Appendix A is sufficient under Rule 48.
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Within 7 days after filing, the appellant must serve a copy of the notice on counsel of record for every other party, or the party if unrepresented, and must file proof of that service with the appellate court clerk within 7 days after service (Tenn. R. App. P. 5(a)).
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Filing a Rule 3 civil appeal generally costs a $550 fee paid to the appellate court clerk; confirm the current fee with the clerk. No cost bond is required to perfect the appeal beyond paying, or being excused from, that fee (Tenn. R. App. P. 6(a), 18); a $1,000 cash bond is considered sufficient only if the court specifically directs security. Filing the notice does not by itself stop collection of the judgment, and a stay requires a bond under Tenn. R. Civ. P. 62.05.
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Within 15 days after filing the notice, unless the full record is included, the appellant must file with the trial court clerk, and serve on the appellee, a description of the record or transcript parts to be included, with a short statement of the issues; a stenographic transcript, if used, is due within 60 days after filing the notice (Tenn. R. App. P. 24(a)-(c)).
Key decisions before you file
Before you file a Notice of Appeal in Tennessee, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
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Tennessee Requirements for Notice of Appeal
30-Day Deadline Runs From Entry, Not Service
A notice of appeal must be filed within 30 days after the date of entry of the judgment appealed from, not from service of the judgment on the parties; a notice filed before entry is treated as filed on the day of entry (Tenn. R. App. P. 4(a), (d)).
Tolling Motions Under Rule 4(b)
A timely motion under Tenn. R. Civ. P. 50.02, 52.02, 59.07, or 59.04 tolls the 30 days, which then runs from entry of the order disposing of that motion (Tenn. R. App. P. 4(b)); under the Advisory Commission Comment to Rule 4, a motion for discretionary costs does not toll it.
No Extension of the Civil Appeal Deadline
Rule 4(a)'s waiver of an untimely notice in the interest of justice applies only in criminal cases. In a civil case, the deadline is treated as jurisdictional, and an otherwise untimely appeal may proceed only after relief from the judgment itself under Tenn. R. Civ. P. 60.02.
Filed With the Appellate Court Clerk
Since a rule amendment effective July 1, 2017, the notice of appeal is filed with the clerk of the appellate court, not the trial court clerk; the appellate clerk then sends a copy to the trial court clerk designated in the notice (Tenn. R. App. P. 3(e), 4(a), 5(a)).
Rule 3(f) Contents and Form 1
The notice must specify the party or parties appealing, designate the judgment appealed from, and name the court appealed to; the illustrative Form 1 in Appendix A is sufficient but not mandatory under Rule 48 (Tenn. R. App. P. 3(f)).
Service on Other Parties Within 7 Days
The appellant must serve a copy of the notice on counsel of record for every other party, or the party if unrepresented, within 7 days after filing, and file proof of service within 7 days after service (Tenn. R. App. P. 5(a)).
$550 Filing Fee, No Separate Cost Bond
A Rule 3 civil appeal generally costs a $550 fee paid to the appellate court clerk; confirm the current fee with the clerk. No cost bond is required to perfect the appeal beyond paying, or being excused from, that fee (Tenn. R. App. P. 6(a), 18).
No Stay Without a Rule 62.05 Bond
Filing the notice does not by itself stop collection of the judgment. A stay requires a bond under Tenn. R. Civ. P. 62.05, conditioned to secure payment of the judgment in full, interest, damages for delay, and costs on appeal.