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- Appeal From Decision
of United States District Judge
An appeal from District Court shall be taken to the appropriate
appeals court. An appellant must file the Notice of Appeal with
the District Clerk's Office, accompanied by an appeal fee of $455.00
or a motion to file in forma pauperis. The Notice of Appeal must
specify the name of the party or parties taking the appeal, the
judgment, order, or part thereof being appealed, and the name
of the court to which the appeal is taken.
Appeal deadlines are calculated based on entry on the docket,
not the file stamped date or signature date. In a civil proceeding,
an aggrieved party generally has thirty days (assuming no party
has filed a post-judgment motion) from the day the Clerk enters
the judgment or other appealable disposition on the docket to
file the appeal (see Rule 4(a) of the Federal Rules of Appellate
Procedure). In a criminal proceeding, an appeal must be filed
within ten days of entry of the judgment or order being appealed
(see rule 4(b) of the Federal Rules of Appellate Procedure).
When a Notice of Appeal is filed, the appellant is responsible
for completing a transcript order form. Click here to view an
example of the transcript order
form.This is a multi-part form to be distributed as indicated
on the bottom of each page of the form. (Please refer to the back
of the form for specific instructions.) Page six of the form must
be filed with the District Clerk's Office within ten days of filing
the Notice of Appeal.
- Appeal From Decision of United States Magistrate
Judge
- Civil Appeals
If an aggrieved party appeals a magistrate judge's decision,
the same procedure established for appealing a decision of a
district judge (described above in section A) should be followed.
- Criminal Appeals
In a criminal misdemeanor case, if an aggrieved party appeals
a judgment of conviction by a magistrate judge to a district
judge, there is a $32.00 filing fee. The District Clerk will
give the matter a criminal case number and assign a district
judge.
- Enforcement of a Judgment
- Registration in Another District
To certify a judgment that has been entered in the Northern
District for registration in another district, a person must
submit a written request to the District Clerk's Office for
preparation of a Certification of Judgment for Registration
in Another District (see Attachment 25). The District Clerk's
Office charges a $9.00 fee for certification plus a $0.50 per
page charge for the judgment to be copied.
The District Clerk's Office will prepare the certificate and
notify the requesting party that it is ready to be mailed or
available to be picked up. The requesting party is responsible
for ensuring that all requirements of the district of intended
registration have been met.
- Registration in the Northern District
To register a judgment entered in another federal court with
the Northern District of Texas, a person should obtain a Certification
of Judgment for Registration in Another District from the court
that entered the original judgment and then deliver the completed
certification to the District Clerk's Office along with a $39.00
filing fee. The District Clerk's Office will take the judgment
and open it as a miscellaneous case.
- Writ of Execution
A party wishing to file a Writ
of Execution must obtain the appropriate form online
or from the District Clerk's Office. The party must submit the
original completed form and one copy to the District Clerk's Office
along with an original and one copy of the USM 285 (available
from the Marshals Service) If a USM 285 form does not accompany
the Writ of Execution, the Clerk's Office will return the Writ
to the requesting party. The District Clerk's Office does not
assess a fee for a Writ of Execution. However, the Marshals Service
does assess a fee. Please contact the Marshals Service at 214/767-0836
for more information.
The requesting party will be notified upon issuance of the Writ
of Execution. If the requesting party wants a confirmed copy of
the Writ, the party must submit a self-addressed, stamped envelope.
- Abstract of Judgment
A party seeking an Abstract
of Judgment must obtain the appropriate form online
or from the District Clerk's Office. The party must deliver a
completed form (an original and one copy) to the District Clerk's
Office for issuance. There is no fee for this service. Once the
Abstract of Judgment has been issued, it will be returned to the
requesting party. A self-addressed, stamped envelope is required
for the return of the abstract.
If multiple original abstracts are required, the requesting party
must determine the number needed and add one (for the Clerk's
Office to keep). The Clerk's Office will issue as many original
abstracts as needed, but must keep one for its records.
- Bill of Costs
The prevailing party is to prepare the Bill
of Costs form, file it with the clerk, and serve it on any
party entitled to such service no later than 14 days after the
clerk enters the judgment on the docket (see LR 54.1). The Bill
of Costs should reflect all costs incurred by the party, including
the applicable filing fee if the plaintiff is the prevailing party.
The District Clerk's Office does not monitor fees or costs incurred
during a suit except the filing fees remitted to this Court.
Only the original Bill of Costs form is required for filing. Unless
the Court specifies another date, the District Clerk's Office
will tax the Bill of Costs twenty-four hours after filing. If
a party files an objection to the Bill of Costs before the date
it is scheduled to be taxed, the Clerk's Office will not tax the
Bill of Costs until ordered to do so by the presiding judge.
Please note that "taxing" consists only of stamping,
signing, and sealing with the Court seal a filed Bill of Costs
and placing it in the case record. The District Clerk's Office
is not responsible for collecting or assisting in the collection
of costs. A conformed copy of the Bill of Costs will be mailed
to the requesting party only if an extra copy and a self-addressed,
stamped envelope are provided to the District Clerk's Office.
Back to top
TOC
| I. OFFICE
OF THE DISTRICT CLERK | II. GENERAL
PROCEDURES | III. COMMENCEMENT OF
A CIVIL ACTION
| IV. SUBSEQUENT FILINGS | V.
DISCOVERY | VI. POST-JUDGMENT INSTRUMENTS | VII.
MISCELLANEOUS CASES |
VIII. WEB SITE ADDRESSES
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