What is the deadline for petition for permission to appeal, general rule?

The period runs from the event fixed by the authorising statute or rule; if none is specified, entry of the judgment or order under FRAP 4(a).

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

"The petition must be filed within the time specified by the statute or rule authorizing the appeal or, if no such time is specified, within the time provided by Rule 4(a) for filing a notice of appeal."

Fed. R. App. P. 5(a)(2)

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.

No date is calculated on this page because the encoded provision could not be reduced to one fixed period. Read the rule text, the starting event and the noted branches, then confirm the period in the current rules before relying on any date.

This provision cannot be reduced faithfully to a single number. It is a referral rule. The default of 30 days shown here applies ONLY where the authorising statute or rule specifies no period AND no federal party triggers the 60-day FRAP 4(a)(1)(B) alternative. Where a specific period exists it displaces the default entirely. Verified instances: 10 days under 28 U.S.C. 1292(b) for a certified interlocutory order; 14 days, or 45 days if any party is the United States, a United States agency or a United States officer or employee sued for an act or omission occurring in connection with duties performed on the United States' behalf, under Fed. R. Civ. P. 23(f) for a class-certification order; 10 days under 28 U.S.C. 1453(c)(1) for a CAFA remand order; 30 days under Fed. R. App. P. 6(c)(2)(A) for authorisation of a direct bankruptcy appeal. Identify the authorising provision before computing. Corrected on verification: the researcher gave "10 days under 9 U.S.C. 16 practice in some circuits" as an example. Section 16 of the Federal Arbitration Act fixes no petition period at all; where an arbitration-related order is appealable only by permission it is 28 U.S.C. 1292(b) that supplies the ten days. The researcher's Fed. R. Civ. P. 23(f) example was also incomplete, omitting the 45-day federal-party limb, which is now stated above.

Extensions

Not extendable by the court of appeals: FRAP 26(b)(1).

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.

• Not extendable by the court of appeals: FRAP 26(b)(1).
• A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.
• This provision cannot be reduced faithfully to a single number. It is a referral rule. The default of 30 days shown here applies ONLY where the authorising statute or rule specifies no period AND no federal party triggers the 60-day FRAP 4(a)(1)(B) alternative. Where a specific period exists it displaces the default entirely. Verified instances: 10 days under 28 U.S.C. 1292(b) for a certified interlocutory order; 14 days, or 45 days if any party is the United States, a United States agency or a United States officer or employee sued for an act or omission occurring in connection with duties performed on the United States' behalf, under Fed. R. Civ. P. 23(f) for a class-certification order; 10 days under 28 U.S.C. 1453(c)(1) for a CAFA remand order; 30 days under Fed. R. App. P. 6(c)(2)(A) for authorisation of a direct bankruptcy appeal. Identify the authorising provision before computing. Corrected on verification: the researcher gave "10 days under 9 U.S.C. 16 practice in some circuits" as an example. Section 16 of the Federal Arbitration Act fixes no petition period at all; where an arbitration-related order is appealable only by permission it is 28 U.S.C. 1292(b) that supplies the ten days. The researcher's Fed. R. Civ. P. 23(f) example was also incomplete, omitting the 45-day federal-party limb, which is now stated above.

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 30-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.