Federal Rules of Appellate Procedure

Primary tabs

(As amended to December 1, 2019)

  1. TITLE I. APPLICABILITY OF RULES
    1. Rule 1. Scope of Rules; Definition; Title
    2. Rule 2. Suspension of Rules
  2. TITLE II. APPEAL FROM A JUDGMENT OR ORDER OF A DISTRICT COURT
    1. Rule 3. Appeal as of Right—How Taken
    2. [Rule 3.1. Appeal from a Judgment of a Magistrate Judge in a Civil Case] (Abrogated Apr. 24, 1998, eff. Dec. 1, 1998)
    3. Rule 4. Appeal as of Right—When Taken
    4. Rule 5. Appeal by Permission
    5. [Rule 5.1. Appeal by Leave under 28 U.S.C. §636(c)(5) ] (Abrogated Apr. 24, 1998, eff. Dec. 1, 1998)
    6. Rule 6. Appeal in a Bankruptcy Case from a Final Judgment, Order, or Decree of a District Court or Bankruptcy Appellate Panel
    7. Rule 7. Bond for Costs on Appeal in a Civil Case
    8. Rule 8. Stay or Injunction Pending Appeal
    9. Rule 9. Release in a Criminal Case
    10. Rule 10. The Record on Appeal
    11. Rule 11. Forwarding the Record
    12. Rule 12. Docketing the Appeal; Filing a Representation Statement; Filing the Record
    13. Rule 12.1 Remand After an Indicative Ruling by the District Court on a Motion for Relief That Is Barred by a Pending Appeal
  3. TITLE III. APPEALS FROM THE UNITED STATES TAX COURT1
    1. Rule 13. Review of a Decision of the Tax Court
    2. Rule 14. Applicability of Other Rules to the Review of a Tax Court Decision
  4. TITLE IV. REVIEW OR ENFORCEMENT OF AN ORDER OF AN ADMINISTRATIVE AGENCY, BOARD, COMMISSION, OR OFFICER
    1. Rule 15. Review or Enforcement of an Agency Order—How Obtained; Intervention
    2. Rule 15.1 Briefs and Oral Argument in a National Labor Relations Board Proceeding
    3. Rule 16. The Record on Review or Enforcement
    4. Rule 17. Filing the Record
    5. Rule 18. Stay Pending Review
    6. Rule 19. Settlement of a Judgment Enforcing an Agency Order in Part
    7. Rule 20. Applicability of Rules to the Review or Enforcement of an Agency Order
  5. TITLE V. EXTRAORDINARY WRITS
    1. Rule 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs
  6. TITLE VI. HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS
    1. Rule 22. Habeas Corpus and Section 2255 Proceedings
    2. Rule 23. Custody or Release of a Prisoner in a Habeas Corpus Proceeding
    3. Rule 24. Proceeding in Forma Pauperis
  7. TITLE VII. GENERAL PROVISIONS
    1. Rule 25. Filing and Service
    2. Rule 26. Computing and Extending Time
    3. Rule 26.1 Disclosure Statement
    4. Rule 27. Motions
    5. Rule 28. Briefs
    6. Rule 28.1 Cross-Appeals
    7. Rule 29. Brief of an Amicus Curiae
    8. Rule 30. Appendix to the Briefs
    9. Rule 31. Serving and Filing Briefs
    10. Rule 32. Form of Briefs, Appendices, and Other Papers
    11. Rule 32.1 Citing Judicial Dispositions
    12. Rule 33. Appeal Conferences
    13. Rule 34. Oral Argument
    14. Rule 35. En Banc Determination
    15. Rule 36. Entry of Judgment; Notice
    16. Rule 37. Interest on Judgment
    17. Rule 38. Frivolous Appeal—Damages and Costs
    18. Rule 39. Costs
    19. Rule 40. Petition for Panel Rehearing
    20. Rule 41. Mandate: Contents; Issuance and Effective Date; Stay
    21. Rule 42. Voluntary Dismissal
    22. Rule 43. Substitution of Parties
    23. Rule 44. Case Involving a Constitutional Question When the United States or the Relevant State is Not a Party
    24. Rule 45. Clerk's Duties
    25. Rule 46. Attorneys
    26. Rule 47. Local Rules by Courts of Appeals
    27. Rule 48. Masters

1 Title III amended April 16, 2013, effective December 1, 2013.

Historical Note

The Federal Rules of Appellate Procedure were adopted by order of the Supreme Court on Dec. 4, 1967, transmitted to Congress by the Chief Justice on Jan. 15, 1968, and became effective on July 1, 1968.

The Rules have been amended Mar. 30, 1970, eff. July 1, 1970; Mar. 1, 1971, eff. July 1, 1971; Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 30, 1979, eff. Aug. 1, 1979; Oct. 12, 1984, Pub. L. 98–473, title II, §210, 98 Stat 1987; Mar. 10, 1986, eff. July 1, 1986; Nov. 18, 1988, Pub. L. 100–690, title VII, §7111, 102 Stat. 4419; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 24, 1996, Pub. L. 104–132, title I, §103, 110 Stat. 1218; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2010, eff. Dec. 1, 2010; Apr. 26, 2011, eff. Dec. 1, 2011; Apr. 16, 2013, eff. Dec. 1, 2013; Apr. 28, 2016, eff. Dec 1, 2016; Apr. 25, 2019, eff. Dec. 1, 2019.

Effective Date and Application of Rules

Section 2 of the Order of the Supreme Court, dated Dec. 4, 1967, provided: “That the foregoing rules shall take effect on July 1, 1968, and shall govern all proceedings in appeals and petitions for review or enforcement of orders thereafter brought in and in all such proceedings then pending, except to the extent that in the opinion of the court of appeals their application in a particular proceeding then pending would not be feasible or would work injustice, in which case the former procedure may be followed.”

Effective Date of 1970 Amendment; Transmission to Congress

Sections 2 and 3 of the Order of the Supreme Court, dated Mar. 30, 1970, provided:

“2. That the foregoing amendments to the Federal Rules of Appellate Procedure shall take effect on July 1, 1970, and shall govern all proceedings in actions brought thereafter and also in all further proceedings in actions then pending, except to the extent that in the opinion of the court their application in a particular action then pending would not be feasible or would work injustice, in which event the former procedure applies.

“3. That the Chief Justice be, and he hereby is, authorized to transmit to the Congress the foregoing amendments to existing rules, in accordance with the provisions of Title 18, U.S.C., §3372, and Title 28, U.S.C., §§2072 and 2075.”

Committee Notes on Rules—2019 Amendment

26.1 Title change (removed Corporate in Title 26.1).