Filing the Notice of Appeal
a) Select Event
A Notice of Appeal should be filed electronically using the standard filing procedure, except as outlined below. It is not necessary to provide the Clerk’s Office with paper copies of the Notice of Appeal for service on the other parties. The Notice of Electronic Filing (NEF) constitutes the copy the Clerk’s Office is required to serve under Fed. R. App. P. 3(d).
1. On the top menu bar, click Criminal, then Appeal Documents. (Do not use Notices to file a Notice of Appeal or the filing will be marked “Filed in Error.”)
2. Select the appropriate appeal event:
- Notice of Appeal - Final Judgment
- Notice of Appeal - Conditions of Release
- Notice of Appeal - Interlocutory
3. Click Submit.
Reminder: A Notice of Appeal cannot be filed until after the Judgment has been filed.
b) Attach Documents
1. When prompted, click Browse to attach your appeal PDF document. If there are attachments to the document, attach them also. Please refer to the standard filing procedure for detailed instructions on how to file documents.
2. Click Next.
c) Select the Order Being Appealed
1. After you are prompted to select the filer, the system will display the “Select order being appealed” screen. Place a check in the box next to “Should the document you are filing link to another document in this case?” This will allow you to link your Notice of Appeal to the appropriate Order/Judgment being appealed. Click Next.
2. Select the Order/Judgment you are appealing. Click Next.
3. Depending on which appeal event you select, a screen for the Appeal Record Deadline may be displayed. Do not enter any Appeal Record Deadline dates.
d) Will You Make an Electronic Payment?
The system will ask whether you will be making an electronic payment during the filing. If you are filing in forma pauperis, on behalf of the United States Attorney’s Office, or you are a CJA attorney, click the Non Payment button. Otherwise, click the Payment button.
e) Non Payment Selected
1. If you select “Non Payment”, the system will automatically direct you to the procedural intervals screen. From the drop-down menu select P7 - Appeal for the count the defendant was sentenced. Do not select any counts that were dismissed or those for which the defendant was not sentenced.
2. Click Next three times.
3. The system now displays the final text of the docket entry along with a warning that clicking Next will file the document. Up to this point, no information has been entered into the system and no notice has been sent to any party. If you decide that you do not wish to file the document, you may simply log out of the system. If you wish to change something you may click on your browser’s Back button until you reach the point where you wish to make the change. If you receive a Warning Page Expired message, it will be necessary for you to click Criminal on the blue menu bar and start this process again from the beginning. If you are sure you want to file the document with the docket entry text displayed, click Next.
4. The system will now display a Notice of Electronic Filing (NEF). This is proof the document has been filed. You should save a copy of this notice. You can print a copy by clicking on your browser’s print button. You can save an electronic copy by clicking on File and then Save As on your browser’s menu bar.
Note: If at this point, you determine there was an error in your filing, please contact the Clerk’s Office immediately. Be sure to read the NEF. For all parties whose counsel is listed beneath the language “Notice has been electronically mailed to,” this notice constitutes a Certificate of Service and a copy of the document need not be sent to those counsel by other means. For all parties whose counsel is listed beneath the language “Notice will not be electronically delivered to,” it is your responsibility to serve a copy of the document (where required by the Federal Rules or Local Rules of this court) on that party by other means permitted by the Federal Rules and file the required Certificate of Service.
f) Payment Selected
- If you select Payment, the system will automatically display the filing fee amount. Click Next.
- The system will take you to the Pay.gov screen where you will be able to enter your payment for this filing. Please refer to the Pay.gov instructions for more details regarding how to enter your payment.
Filing Appellate Briefs
If you are appealing to the United States Court of Appeals for the Fourth Circuit, do not electronically file copies of your brief with this court. Briefs may be electronically filed with this Court only in cases where the appeal is to a district judge.