USNYWD's Pro Se Handbook
Chapter 9
APPEALS
9.01 | INTRO - APPEALS
Proper grounds for an appeal often involve allegations that the judge made an error either in his/her interpretation of the law or in a procedural ruling during the course of the trial. For example, a procedural error may exist if the trial judge improperly admitted evidence. However, the fact that an error occurred at the District Court level may not by itself be sufficient to justify reversal of the court's decision. The error must have been sufficiently important so that the judge or jury reached an incorrect decision as a result of the error.
Although there are exceptions, usually only final orders or judgments from the District Court may be appealed to the U.S. Circuit Court. (28 U.S.C. §1291). The exceptions permitting certain specified "interlocutory appeals” are set forth in 28 U.S.C. §1292.
Appeals courts differ from trial courts in that there are no jurors or witnesses. Testimony is not heard, and the parties themselves may not even be present at the appeal. Usually, a panel of three judges is assigned to hear the appeal of a case. The appellate court will only consider issues the District Court considered. Generally, a party may not submit additional documents to the appellate court that were not part of the record in the District Court. In addition to the record which will be transmitted from the District Court, the appellate court will consider a party's positions or arguments as set forth in his/her appellate brief. After the appeal is submitted or argued, the panel will usually notify the parties of the decision by mail. (US District Court, New York, Western District // Buffalo, NY 14202 // Pro Se Litigation Guidelines)
9.02 | INITIATING AN APPEAL
The notice of appeal in a civil case must be filed with the Clerk of the District Court within 30 days after the date of entry of the judgment or order appealed from. (Fed. R. App. P. 4 (a)(1)). If the United States government or an officer or agency of the United States is a party to the action, the notice of appeal may be filed within 60 days after the date of the entry of the judgment or order. The date of entry signifies the entry of the judgment on the District Court's docket sheet. The date an order or opinion is signed is not necessarily the same day that it will be reduced to a judgment or entered on to the court's docket. It is not advisable to wait until the last moment to file a notice of appeal. Only upon a showing of "excusable neglect" or "good cause," may the District Court extend the time for filing a notice of appeal. (Fed. R. App. P. 4(a)(5)).
At the time of publication of this manual, the filing fee for a notice of appeal was $505.00, payable to the Clerk of the District Court. However, pursuant to Fed. R. App. P. 24, a party who has been permitted to proceed in the District Court in forma pauperis may generally proceed on appeal in forma pauperis without further authorization, unless the District Court certifies that the appeal is not taken in good faith. A person who did not have in forma pauperis status at the District Court may nevertheless make an application to the District Court for in forma pauperis status for the purposes of the appeal. This application is made as a motion to the District Court when the appeal is filed. (US District Court, New York, Western District // Buffalo, NY 14202 // Pro Se Litigation Guidelines)
