Legal Question in Appeals and Writs in California

United States District Court Appeal

The judge dismissed my motion for reconsideration in United States District Court. I will request an appeal. My question is what is the time frame for filing an appeal in United States District Court, in a Civil case? The Law School web-site I reviewed said the time frame is 30 days to file an appeal after dismissal however; because one of the parties is (the defendant ) is the United State federal goverment the appeal is 60 days. Is that true? Please clarify. Can the same request for reconsderation the judge dismissed be used in the appeal application or, does the appeal court just review the records Thanks


Asked on 11/20/07, 7:35 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: United States District Court Appeal

See Fed.Rules of Appellate Procedure 4(a), stating the 30 day, 60 day if US is a party time to appeal.

An appeal is a separate proceeding, and while the court reviews the lower court records and decision, a separate appellate brief must argue why the lower court should be reversed.

Take a look at the Fed. Rules of Appellate Procedure, and the 9th Circuit Appellate Rules, which you can get from the 9th Circuit's website.

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Answered on 11/21/07, 12:47 pm


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