Notice of Appeal

A notice of appeal is the formal announcement of pursuing an appeal made to a court as well as to opposite parties.  Appeals in admiralty cases are brought before Courts of Appeals or the U.S. Supreme Court.

A notice of appeal initiates the appellate proceedings.  The time fixed to appeal a decision in an admiralty action is the same as in a federal civil case,[i] ie; within thirty days from delivery of judgment or order.[ii] In cases where the U.S. government is a party to the appeal, the time fixed for filing an appeal is 60 days from the date of delivery of the judgment or order appealed from.[iii] If the aggrieved party does not appeal within the said period, the judgment or order will be confirmed.  If an admiralty matter in issue is a prize case ( i.e, an admiralty case brought to condemn an enemy ship or cargo), the time fixed for notice of appeal can differ according to the special provisions made.  The time to file a notice of appeal in an admiralty case starts from the date of entry of judgment.  When a notice of appeal is filed before the judgment or order is entered, the notice will be considered as filed after the date of entry of judgment.[iv]

Courts may extend the time to file a notice of appeal if the appellant provides a reasonable excuse or an excusable neglect.  However, a motion to extend the time should be filed before expiry of the prescribed 30 days to file notice of appeal.[v]

[i] In re White Cloud Charter Boat Co., 813 F.2d 1513 (9th Cir. Cal. 1987)

[ii] Lott v. Goodyear Aerospace Corp., 1976 U.S. App. LEXIS 13256 (6th Cir. 1976)

[iii] Roberts v. I.B.E.W. Local 910 AFL-CIO, 1995 U.S. Dist. LEXIS 22271 (N.D.N.Y Feb. 25, 1995)

[iv] USCS Fed Rules App Proc R 4

[v] Id


Inside Notice of Appeal