How to Appeal to the Tenth Circuit

The United States Court of Appeals for the Tenth Circuit is the federal appellate court with jurisdiction over the federal districts of Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming. In almost all cases, a would-be appellant cannot initiate a case in this court until he has received a final judgment within the district court. Through the ensuing appeal, the appellant can argue the district court erred in any order it issued prior to entry of final judgment.

Appeals before the Tenth Circuit are governed by the Federal Rules of Appellate Procedure (“Fed. R. App. P.”), which can be found here. These rules require the appellant begin by filing a notice of appeal that complies with Fed. R. App. P. 3 in terms of content, and Fed. R. App. P. 4 in terms of timeliness. As with an appeal before any court, it is vital that appellants adhere to the deadline to file a notice of appeal.

When filing the notice of appeal, the appellant must also pay the full appellate filing and docketing fee (currently $505) to the district court. Additionally, if a transcript is required for the appeal, appellant must request preparation of this transcript by filing a request with the district court.

Once the district court has determined that the record is complete, the court of appeals will set a deadline for filing all briefs. This deadline may be extended via motion, however these motions are disfavored. If you anticipate needing additional time, it is best to file a motion for extension at least five days prior to expiration of a deadline.

Appellant’s opening brief should comply with requirements in both the Federal Rules of Appellate Procedure as well as the 10th Circuit Local Rules. These requirements govern the format, content, length, and service requirements of the opening brief. The appellant’s opening brief will be followed by the appellee’s answer brief, and appellant’s optional reply brief.

If your case is scheduled for oral argument, you will be notified of this decision approximately two months ahead of your scheduled argument date. Litigants are generally permitted 15 minutes of argument, each. Following oral argument (if scheduled) or submission on briefs (if no argument is scheduled), the court will issue a written decision. There is no timetable for determining how long a decision may take.

To speak with a knowledgeable attorney about your appeal, contact the Alderman Law Firm today.