Civil Notice, Time Limits for Notice of Appeal, Doc. 39-1, Case 0:20-cv-02051-NEB-BRT (D. Minn.)

Summary

A civil notice of the U.S. District Court for the District of Minnesota on time limits for filing a notice of appeal to the Eighth Circuit, filed January 14, 2021 as Doc. 39-1 in Case 0:20-cv-02051-NEB-BRT. It states that the appeal filing fee is $505.00 and that indigent parties may seek to proceed in forma pauperis. Under Fed. R. App. P. 4(a), a notice of appeal is due within 30 days, or 60 days if the United States is a party, after entry of the judgment or of an order on certain post-trial motions, or within 14 days after another party's timely notice. A motion to extend the time under Rule 4(a)(5) must be filed within 30 days after the deadline and requires excusable neglect or good cause.

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Full text

UNITED STATES DISTRICT COURT
District of Minnesota
Warren E. Burger Federal
Building and U.S. Courthouse
316 North Robert Street
Suite 100
St. Paul, MN  55101
(651) 848-1100
U.S. Courthouse
300 South Fourth Street
Suite 202
Minneapolis, MN 55415
(612) 664-5000
Gerald W. Heaney Federal
Building and U.S.
Courthouse
515 West First Street
Suite 417
Duluth, MN 55802
(218) 529-3500
Edward J. Devitt U.S.
Courthouse and Federal
Building
118 South Mill Street
Suite 212
Fergus Falls, MN  56537
(218) 739-5758

CIVIL NOTICE
The appeal filing fee is $505.00.  If you are indigent, you can apply for leave to proceed in forma
pauperis, ("IFP").
The purpose of this notice is to summarize the time limits for filing with the District Court Clerk's Office
a Notice of Appeal to the Eighth Circuit Court of Appeals from a final decision of the District Court in a
civil case.
This is a summary only.  For specific information on the time limits for filing a Notice of
Appeal, review the applicable federal civil and appellate procedure rules and statutes.
Rule 4(a) of the Federal Rules of Appellate Procedure (Fed. R. App. P.) requires that a Notice of Appeal
be filed within:
1.
Thirty days (60 days if the United States is a party) after the date of "entry of the
judgment or order appealed from;" or

2.
Thirty days (60 days if the United States is a party) after the date of entry of an order

denying a timely motion for a new trial under Fed. R. Civ. P. 59; or
3.
Thirty days (60 days if the United States is a party) after the date of entry of an order
granting or denying a timely motion for judgment under Fed. R. Civ. P. 50(b), to amend
or make additional findings of fact under Fed. R. Civ. P. 52(b), and/or to alter or amend
the judgment under Fed. R. Civ. P. 59; or

4.
Fourteen days after the date on which a previously timely Notice of Appeal was filed.
If a Notice of Appeal is not timely filed, a party in a civil case can move the District Court pursuant to
Fed. R. App. P. 4(a)(5) to extend the time for filing a Notice of Appeal.  This motion must be filed no
later than 30 days after the period for filing a Notice of Appeal expires.  If the motion is filed after the
period for filing a Notice of Appeal expires, the party bringing the motion must give the opposing parties
notice of it.  The District Court may grant the motion, but only if excusable neglect or good cause is
shown for failing to file a timely Notice of Appeal.
CASE 0:20-cv-02051-NEB-BRT   Doc. 39-1   Filed 01/14/21   Page 1 of 1

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