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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33404
Experience:  Began practicing law in 1992
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I defaulted on a federal case bc of document productions. I

Customer Question

hi, i defaulted on a federal case bc of document productions. I just filed notice to appeal. how much time do i have to actually have the attorney write the appeal?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Unless a different schedule is set by order of the court, appellant’s brief is due 40 days after docketing of appeal (regardless of completeness of the record); appellee’s brief 30 days after appellant’s brief is filed; and any reply brief 14 days after appellee’s brief. Fed. R. App. P. 31(a); Cir. R. 31(a). However, these are the general rules and the time limits should be checked for each individual case to be sure that the court hasn't set a different time, etc.

Expert:  Dwayne B. replied 1 year ago.

In addition, most attorneys try to leave themselves some leeway and will plan on submitting the brief 7-10 days before it is actually due in case there is some kind of issue.

Expert:  Dwayne B. replied 1 year ago.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.

Customer: replied 1 year ago.
my question is how much time after i file a motion to appeal, do i have to file the brief?
Expert:  Dwayne B. replied 1 year ago.

The time isn't calculated off of your filing your notice of appeal, pursuant to Rule FRAP 31(a) it is calculated off of the date the appeal is docketed (the record is filed). That date is 40 days following the date the record is filed unless the court specifies a different date.

Customer: replied 1 year ago.
Ah ok. What's the difference between filing and appeal and vacating a judgement or are they the same thing?
Expert:  Dwayne B. replied 1 year ago.

A trial court vacates a judgment following a Motion to vacate a Judgment. An appeal is heard by the Court of Appeals.

They're completely different things.