Appeal Filing Checklist

Scan the transcripts, orders, and motion rulings for objections preserved on the record. Unpreserved errors generally fall to plain-error review only, which is a much harder standard. Build a one-page issue chart with the record cite for each preserved error before deciding what to brief.

De novo for legal questions, abuse of discretion for evidentiary and discovery rulings, clear error for factual findings, sufficiency for jury verdicts. Standard of review usually drives the outcome — issues reviewed for abuse of discretion almost never win, so weight the brief accordingly.

FRAP 4 sets 30 days from entry of judgment (60 if the United States is a party). State deadlines vary — CA 60, NY 30, TX 30. The deadline is jurisdictional in most courts; missing it forfeits the appeal absent excusable neglect under FRAP 4(a)(5). Calendar with redundancy: docket, Outlook, and a paper file note.

New amici, intervenors, or appellate co-counsel may trigger Rule 1.7 / 1.9 conflicts not present at trial. Re-run the conflicts database against every entity that has appeared on the appellate side before signing the engagement extension.

Use FRAP Form 1 (or the state-court equivalent). Caption must match the trial court; identify the judgment or order appealed from with its date of entry; name the party taking the appeal; designate the court appealed to. Errors here are routinely fatal — a notice that fails to identify the order is treated as no notice at all.

File the transcript designation with the court reporter and pay the deposit. Federal rule requires designation within 14 days of the notice of appeal; the designation must list the specific portions ordered. If only partial transcript is ordered, opposing counsel gets 14 days to designate additional portions.

Include the operative pleadings, the order being appealed, key trial exhibits, and any documents cited in the brief. Joint appendix preferred in most circuits; coordinate with appellee's counsel on contents. Bates-style pagination keyed to the brief's record cites.

Required sections under FRAP 28: jurisdictional statement, statement of issues, statement of the case, summary of argument, argument with standard of review stated for each issue, and conclusion. Federal opening brief capped at 13,000 words; certificate of compliance required. Build into the brief the record cites collected in the issue chart.

Federal: CM/ECF. State portals: NYSCEF, TexFile, TrueFiling, eCourts. Confirm the court's local cutoff — many treat post-midnight filings as the next business day, which has cost appellants the appeal. Capture the case number assigned by the appellate court for the docket.

Certificate of service accompanies the notice. Include trial counsel and every party that appeared below, even non-active parties — service failures on a co-defendant routinely trigger jurisdictional show-cause orders on the appellate side.

Confirm the paper-copy count under local rules (the Second and Ninth Circuits still require courtesy copies). Attach the certificate of compliance covering word count, type-volume, and font; attach the certificate of service. Verify the appendix matches the brief's record cites before submitting.

Appellee's response brief is generally due 30 days after the opening brief; reply 14–21 days after response. Note any expedited schedule, mediation referral, or jurisdictional briefing the court has ordered sua sponte.

Set up PACER or state-portal docket alerts. Watch for jurisdictional show-cause orders, briefing-extension rulings, and circuit-mediation referrals — the response window on these is often 14 days or less and not separately calendared by the court.

Most circuits decide on the briefs unless argument is requested or the panel orders it sua sponte. Weigh complexity, novelty, and whether questions from the bench are likely to help or hurt. Note the request on the cover of the brief per FRAP 34.

Argument slots are typically 15 minutes per side; reserve time for rebuttal. Hold at least one moot with attorneys outside the matter. Prepare for hot-bench questions on standard of review, preservation, and any record gaps the appellee flagged in the response brief.

Federal notice-of-appeal docketing fee is $605; state fees vary widely. Add transcript costs (often $4–7 per page), reproduction fees for paper copies, and any joint-appendix printing share. Code these as advanced costs against the matter's trust retainer per Rule 1.15.

If the client cannot afford the fees, prepare an in forma pauperis application with affidavit of indigency. IFP grant waives the filing fee in federal court and may also waive the transcript cost in criminal appeals (CJA). Some state courts require a separate indigency hearing.

Attach the client's signed affidavit of indigency and the most recent supporting financial documents (tax return, benefits statement). File concurrently with the notice of appeal so the court can rule before the docketing fee comes due.

FRAP 8 (or state equivalent) governs stays pending appeal. Civil-judgment bonds typically run 100–150% of the judgment to cover post-judgment interest and costs. File the motion to stay with the supersedeas bond and proof of surety; without a stay, the judgment creditor can begin enforcement immediately.

Include the appellate case number, the panel court, the briefing schedule, the realistic timeline (12–24 months from filing to opinion in most circuits), and a copy of the filed notice. Set expectations on what the client will and will not see between filings.

Recurring 15-minute call or written update on the first business day of each month. Even when nothing has happened on the docket, the touchpoint addresses Rule 1.4 communication duty and prevents the bar grievance that follows from months of silence.

Deliver via secure portal (Clio Connect, NetDocuments ShareSpaces) — never plain email for substantive work product. Include the brief, appendix, and any orders. Keep delivery receipts in the matter file as part of the Rule 1.4 record.