PART V — JURISDICTION AND COMMENCEMENT
Rule 46. Notice of appeal, cross-appeal, and time to appeal
Filing periods
Unless another active statute fixes a different period:
a defendant’s criminal appeal must be filed within seven days;
a State criminal appeal must be filed within seven days;
a civil appeal as of right must be filed within seven days;
an appeal from denial of habeas-corpus relief must be filed within seven days; and
The period runs from entry of the appealable judgment, sentence, order, or decree.
Cross-appeal
A cross-appeal must be filed within the later of:
the time otherwise allowed by subdivision (a); or
three days after the first notice of appeal was filed.
A cross-appeal is required only when the appellee seeks to enlarge its rights or reduce the appellant’s rights under the judgment.
Contents
A notice of appeal must:
name every appellant and appellee;
identify the lower tribunal and case number;
designate the judgment, sentence, order, or part appealed and its entry date;
cite the source of the right to appeal;
state whether a timely post-judgment motion is pending;
list the issues expected to be raised in concise form;
identify any plea-based reservation;
designate essential record categories;
identify related appeals; and
Where filed
The notice must be filed in the Supreme ECMS as the initiating document and concurrently transmitted to the Clerk of the lower tribunal and opposing parties. A lower-court filing alone does not open the Supreme matter unless a statute expressly provides otherwise.
Premature notice
A notice filed after announcement of a dispositive decision but before formal entry is treated as filed on the date of entry. A notice filed while an authorized, timely post-judgment motion is pending becomes effective when the last such motion is decided.
Tolling motions
If authorized and timely under the governing lower-court rules, a motion for a new trial, arrest of judgment, judgment notwithstanding the verdict, alteration or amendment of judgment, reconsideration, or comparable relief postpones the appeal period until entry of the order disposing of the last such motion. An unauthorized or untimely motion does not toll.
Extension
Except for the Administrative Court period, and only to the extent governing law permits an extension, a party may move before the appeal period expires for one extension of no more than three days on a showing of good cause that could not reasonably be avoided. After expiration, the period may be excused only under Rule 4’s timely alternate-filing procedure or to the extent governing law permits.
Fees and defects
Payment is not a condition of timeliness. Rule 6(b) governs a timely notice with a correctable defect.
Docketing statement
Within three days after the notice, the appellant must file any missing party, related-case, jurisdictional, record-designation, or counsel information required by this Rule. The docketing statement may not add an untimely appellant or a new appealable order.