Washington DC Notice of Appeal
The Washington DC rules that shape the notice: the 30-day deadline and when a judgment counts as entered, where the notice is filed, and the separate small claims appeal route.
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Introduction
In Washington DC, a notice of appeal from a final civil judgment is due within 30 days after entry of the judgment or order (D.C. App. R. 4(a)(1)). Entry happens once the judgment is entered under Superior Court rules, but if the judgment or order was signed or decided outside the presence of the parties and counsel, it is not deemed entered, for purposes of this deadline, until the fifth day after the Clerk dockets an entry reflecting service of notice by the Clerk (D.C. App. R. 4(a)(6)). A timely Superior Court motion for judgment as a matter of law, to amend or add factual findings, to vacate, alter, or amend the judgment, for a new trial, or for relief from judgment, filed no later than 10 days after entry, resets the clock for every party to run from entry of the order disposing of the last such remaining motion (D.C. App. R. 4(a)(4)(A)-(B)). Unlike most states, Washington DC lets the Superior Court extend the 30-day deadline itself: the Superior Court may, at its discretion, extend the time for a party who files the notice of appeal no later than 30 days after the Rule 4(a) time expires and shows excusable neglect or good cause (D.C. App. R. 4(a)(5)(A)). Separately, a party who never received notice of entry within 21 days of entry may ask the Superior Court to reopen the appeal time for 14 more days, on a motion filed within 180 days of entry or 14 days of actual notice, if no party is prejudiced (D.C. App. R. 4(a)(7)). The notice is filed with the Clerk of the Superior Court, the trial court, not with the District of Columbia Court of Appeals, which is Washington DC's only appellate court; DC has no intermediate appellate court (D.C. App. R. 3(a)(1)). Washington DC's own Form 1, Notice of Appeal, is encouraged but not required (D.C. App. R. 3(a)(8)); the notice must specify the party or parties appealing and designate the judgment or order appealed from, and an unsigned notice is stricken unless promptly corrected (D.C. App. R. 3(a)(1)-(2)). Filing costs $100 at the Superior Court Clerk's office (confirm the current fee with the clerk), and no cost bond is required unless the court orders one for good cause (D.C. App. R. 7). Filing the notice does not by itself stop collection of the judgment: enforcement is stayed automatically for only 30 days after entry, unless the court orders otherwise, and after that a party may obtain a stay by providing a bond or other security the court approves (Super. Ct. Civ. R. 62(a)-(b)); a stay or injunction pending appeal ordinarily must be sought first in the Superior Court (D.C. App. R. 8(a)(1)), and no bond is required of the District of Columbia or the United States (Super. Ct. Civ. R. 62(e)). Small claims judgments follow a different, much faster route, described below. An appeal reviews the trial record for legal error; it is not a new trial. This page covers a civil appeal from a Superior Court final judgment. Criminal, administrative-agency, federal-court, and interlocutory appeals follow separate procedures and are not covered here. Attorney review is available before you file.
Key Things to Know
- 1
The notice of appeal is due 30 days after entry of the judgment or order (D.C. App. R. 4(a)(1)). A timely motion for judgment as a matter of law, to amend or add factual findings, to vacate, alter, or amend the judgment, for a new trial, or for relief from judgment, filed no later than 10 days after entry, resets the clock for every party to run from entry of the order disposing of the last such remaining motion (D.C. App. R. 4(a)(4)(A)-(B)).
- 2
Unlike most states, Washington DC lets the Superior Court extend the 30-day deadline. The Superior Court may, at its discretion, extend the time for a party who files the notice of appeal no later than 30 days after the Rule 4(a) time expires and shows excusable neglect or good cause (D.C. App. R. 4(a)(5)(A)); a party who never received notice of entry within 21 days may separately ask the court to reopen the appeal time for 14 more days, on a motion filed within 180 days of entry or 14 days of actual notice, if no party is prejudiced (D.C. App. R. 4(a)(7)).
- 3
If the judgment or order was signed or decided outside the presence of the parties and counsel, it is not deemed entered, for purposes of the appeal clock, until the fifth day after the Clerk dockets an entry reflecting service of notice by the Clerk (D.C. App. R. 4(a)(6)).
- 4
File the notice with the Clerk of the Superior Court, the trial court, not with the District of Columbia Court of Appeals, which is Washington DC's only appellate court; DC has no intermediate appellate court (D.C. App. R. 3(a)(1)). A notice mistakenly filed with the Court of Appeals is dated and forwarded, and is deemed filed in the Superior Court as of that date (D.C. App. R. 4(d)).
- 5
Washington DC's own Form 1, Notice of Appeal, is encouraged but not required (D.C. App. R. 3(a)(8)). The notice must specify the party or parties appealing, designate the judgment or order appealed from, and be signed by the appellant or by counsel; if the appellant is a corporation or other entity, counsel must sign (D.C. App. R. 3(a)(1)-(2)).
- 6
Filing costs $100 at the Superior Court Clerk's office (confirm the current fee with the clerk), and no cost bond is required unless the court orders one for good cause (D.C. App. R. 7). Filing the notice does not by itself stop collection: enforcement is stayed automatically for only 30 days after entry, unless the court orders otherwise, and after that a party may obtain a stay by providing a bond or other security the court approves (Super. Ct. Civ. R. 62(a)-(b)); a stay or injunction pending appeal ordinarily must be sought first in the Superior Court (D.C. App. R. 8(a)(1)), and no bond is required of the District of Columbia or the United States (Super. Ct. Civ. R. 62(e)).
- 7
A Washington DC small claims appeal is not a new trial. Either party may file a discretionary Application for Allowance of Appeal, on Form 3, directly with the District of Columbia Court of Appeals within 3 days of judgment, or 8 days if the judgment was signed or decided outside the presence of the parties, and a three-judge panel reviews it; a denial is final, with no further appeal (D.C. Code Sec. 17-307(b); D.C. Code Sec. 17-301).
Key decisions before you file
Before you file a Notice of Appeal in Washington Dc, 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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Washington Dc Requirements for Notice of Appeal
30-Day Deadline Runs From Entry of Judgment
The notice of appeal must be filed within 30 days after entry of the judgment or order from which the appeal is taken (D.C. App. R. 4(a)(1)).
Tolling Motions Reset the Clock for Every Party
A timely motion for judgment as a matter of law, to amend or add factual findings, to vacate, alter, or amend the judgment, for a new trial, or for relief from judgment, filed no later than 10 days after entry, resets the clock for every party to run from entry of the order disposing of the last such remaining motion (D.C. App. R. 4(a)(4)(A)-(B)).
Superior Court May Extend the Deadline
The Superior Court may extend the time to file if a party files the notice no later than 30 days after the Rule 4(a) deadline expires and shows excusable neglect or good cause (D.C. App. R. 4(a)(5)(A)); a party who did not receive notice of entry within 21 days may separately ask the court to reopen the appeal time for 14 more days, on a motion filed within 180 days of entry or 14 days of actual notice, if no party is prejudiced (D.C. App. R. 4(a)(7)).
Entry Delayed When Decided Outside Parties' Presence
If the judgment or order was signed or decided outside the presence of the parties and counsel, it is not deemed entered, for purposes of the appeal clock, until the fifth day after the Clerk dockets an entry reflecting service of notice by the Clerk (D.C. App. R. 4(a)(6)).
Filed With the Superior Court Clerk, Not Appeals
The notice of appeal is filed with the Clerk of the Superior Court, the trial court, not with the District of Columbia Court of Appeals, Washington DC's only appellate court (D.C. App. R. 3(a)(1)).
Form 1 Is Encouraged, Not Required
Washington DC's Form 1, Notice of Appeal, is encouraged but not mandatory; the notice must still specify the party or parties appealing and designate the judgment or order appealed from (D.C. App. R. 3(a)(2), (8)).
Signature Requirement for Corporate Appellants
The notice must be signed by the individual appellant or by counsel; if the appellant is a corporation or other entity, counsel must sign, and an unsigned notice is stricken unless promptly corrected (D.C. App. R. 3(a)(1)).
Filing Fee and No Cost Bond by Default
Filing the notice costs $100 at the Superior Court Clerk's office (confirm the current fee with the clerk); no cost bond is required unless the court orders one for good cause (D.C. App. R. 7).
Small Claims Appeal Is a Discretionary Application
A small claims judgment is reviewed on a discretionary Application for Allowance of Appeal, on Form 3, filed directly with the District of Columbia Court of Appeals within 3 days of judgment, or 8 days if decided outside the parties' presence, decided by a three-judge panel, not a new trial (D.C. Code Sec. 17-307(b)).