Guide for Filing a Notice of Appeal (Civil or Criminal)
ITEM | REQUIREMENTS |
Notice of Appeal |
The notice of appeal should specifically state which order or judgment is being appealed and the court to which the appeal is taken. It must also comply with the Federal Rules of Appellate Procedure, the Local Rules of the Fifth Circuit Court of Appeals (or other court of appeals if applicable) and the Local Rules of this court. To docket it electronically, use the Notice of Appeal event in ECF. |
Service | The appeals coordinator will send a copy of the notice of appeal to all parties that did not receive electronic notice. |
Court Fees | Please see the Fee Schedule for the current "Notice of Appeal" filing fee. Checks should be made payable to "Clerk, U.S. District Court." |
Transcript | A transcript order form must be submitted for filing even if a trial or hearing was not held. Transcript order forms CJA-24 Authorizations Procedures for Requesting Transcripts |
Hearing or Trial Exhibits | After a case has been appealed to the Fifth Circuit Court of Appeals, the appealing party must transmit to the district court copies of the hearing or trial exhibits they offered that were admitted into evidence in the district court case within 14 days of the date the notice of appeal was filed. These exhibits are required to be part of the electronic record on appeal per instructions of the Fifth Circuit. Upload instructions for ECF and non-ECF users may be found here. |
Requesting the record on appeal |
When you are notified that the record has been certified, you will receive instructions on obtaining a copy of the paginated record on appeal, so you may properly cite to it in your brief. The record will contain only the public documents, and if the appeal is of a criminal judgment, the presentence report material. The clerk can provide other sealed material only upon order of the court of appeals. To request the record, contact the division where the case was filed and ask to speak to the appeals deputy on duty: Abilene: 325-677-6311 |
If you need further information about an appeal, you may wish to contact the appropriate appellate court:
Court of Appeals for the Fifth Circuit – 504-589-6514
Court of Appeals for the Federal Circuit – 202-633-6570