What is the deadline for notice of appeal by a defendant in a criminal case?

The period runs from the later of entry of the judgment or order being appealed, or the filing of the government's notice of appeal.

Count forward from the trigger event. Confirm the event on the docket or in the service record before entering a date.

"In a criminal case, a defendant's notice of appeal must be filed in the district court within 14 days after the later of: (i) the entry of either the judgment or the order being appealed; or (ii) the filing of the government's notice of appeal."

Fed. R. App. P. 4(b)(1)(A)

1. Exclude the day of the trigger event.
2. Count every following day, including intermediate Saturdays, Sundays and legal holidays.
3. If the last day is a Saturday, Sunday or legal holiday, continue to the next day that is not one of those.

Exclude the trigger day and count calendar days under FRAP 26(a).

If the final day is a Saturday, Sunday or legal holiday, FRAP 26(a) carries it to the next open day.

FRAP 26(a) also treats a day on which the clerk’s office is inaccessible as excluded from the last day, and sets the electronic filing cutoff at midnight in the time zone of the circuit clerk’s principal office. Circuit local rules and briefing orders often control; the national calculation does not read them.

Fictitious example

Assume the later of entry of the judgment or order being appealed, or the filing of the government's notice of appeal on Tuesday, September 1, 2026 (the later of entry of the judgment or order being appealed, or the filing of the government's notice of appeal on this date, with no order, motion or extension affecting the period), with no order, motion, extension or local closure affecting the result. Exclude the trigger day and count calendar days under FRAP 26(a). The example assumes no local rule, order or closure changes the default period.

Extensions

Extendable by the district court for up to 30 days beyond the prescribed time on a finding of excusable neglect or good cause, with or without motion and notice: FRAP 4(b)(4). NOT jurisdictional. FRAP 4(b) is a rule-based rather than a statutory limit, so Bowles v. Russell, 551 U.S. 205 (2007) does not apply to it; following Eberhart v. United States, 546 U.S. 12 (2005), the courts of appeals treat it as an inflexible claim-processing rule that must be enforced if the government properly invokes it but that the government can forfeit by failing to raise it. Verify the circuit's position and never rely on forfeiture. Corrected on verification: the researcher attributed this to a "United States v. Bowman line of authority", a citation that could not be traced to any reported decision on this point. Eberhart, together with the circuits' post-Eberhart treatment of FRAP 4(b), is the supportable authority.

Orders and local rules

A scheduling order, stipulation approved by the court, standing order or local rule can set a different period and controls over the national default.

• Extendable by the district court for up to 30 days beyond the prescribed time on a finding of excusable neglect or good cause, with or without motion and notice: FRAP 4(b)(4). NOT jurisdictional. FRAP 4(b) is a rule-based rather than a statutory limit, so Bowles v. Russell, 551 U.S. 205 (2007) does not apply to it; following Eberhart v. United States, 546 U.S. 12 (2005), the courts of appeals treat it as an inflexible claim-processing rule that must be enforced if the government properly invokes it but that the government can forfeit by failing to raise it. Verify the circuit's position and never rely on forfeiture. Corrected on verification: the researcher attributed this to a "United States v. Bowman line of authority", a citation that could not be traced to any reported decision on this point. Eberhart, together with the circuits' post-Eberhart treatment of FRAP 4(b), is the supportable authority.
• A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.

These checks help you review the result. They do not activate a calendar date or certify that the deadline applies.

• Correct trigger date from the district docket or the court of appeals docket
• The circuit’s briefing schedule, local rule or order, which commonly displaces the national default
• Applicable legal holidays and any closure notice for the circuit clerk’s office
• Time zone of the circuit clerk’s principal office and the electronic filing cutoff
• Current rules and any order entered in the appeal

Find answers about when this 14-day period starts, how it is counted, what can change it and how to keep your calculation.

The period and the counting method come from different provisions. The official source is the court’s published rules; the reading links open the rule text at the Legal Information Institute.

Rule record reviewed September 17, 2026. Guide sources checked September 1, 2026. Next source check November 15, 2026.

Published by Deadline Engine. This tool calculates the ordinary period under the cited rule. It does not decide whether the rule applies, obtain an extension or file anything for you.