Title I. Applicability of Rules

Title 28 App. Federal Rules of Appellate Procedure

Title I. Applicability of Rules

  • Rule 1. Scope of Rules; Title
  • Rule 2. Suspension of Rules

Rule 1. Scope of Rules; Title

  1. Scope of Rules.
    1. These rules govern procedure in the United States courts of appeals.
    2. When these rules provide for filing a motion or other document in the district court, the procedure must comply with the practice of the district court.
  2. [Abrogated.]
  3. Title. These rules are to be known as the Federal Rules of Appellate Procedure.

Rule 2. Suspension of Rules

On its own or a party’s motion, a court of appeals may—to expedite its decision or for other good cause—suspend any provision of these rules in a particular case and order proceedings as it directs, except as otherwise provided in Rule 26 (b).

Federal Appeals Lawyer

Defendants who have been convicted of a federal criminal crime are entitled to file a direct appeal under federal statute 18 U.S.C. §§ 3732, 3742. The defendant may appeal either the conviction or the sentence imposed after either a guilty plea has been entered, or after a trial. A defendant’s conviction is not final until it has been affirmed on direct appeal.

Defendants who file an appeal are known as the “appellate.” An appeal is sent to a court of appeals in which the trial court proceedings are reviewed to make sure that all proceedings were carried out in accordance with the law.

Your lawyer may not introduce new evidence in an appeal and an appeal is not a request for a new trial — it is a request for a review of the proceedings that led to a conviction or served as the basis for sentencing.

The appellate court takes into consideration the merits for the appeal and compares that information to existing court records including:

  • Records of the trial court proceedings; and
  • Court reporter’s transcripts which are the verbatim transcript of oral proceedings.

The appellant does not have to appear in court; most of a criminal appeal is handled in writing by the filing attorney, who may also appear in court to argue the appeal, but this is not always the case. Many appeals are decided strictly on the basis of what your attorney files, and the subsequent review by the court of appeals.

Disclaimer

As laws are dynamic and subject to change, this website may not always reflect recent changes. We refer you to The United States Congress website, which may have more current or accurate information. To discuss your appeal, or how appellate laws may apply in your case, contact our law offices to schedule a free consultation.