U.S. SUPREME COURT CLARIFIES THAT DEADLINE TO FILE NOTICE OF APPEAL IS JURISDICTIONAL

On June 14, 2007, in Bowles v. Russell, No. 06-5306, a narrow 5-4 majority of the U.S. Supreme Court eliminated equitable exceptions to the statutory deadlines for filing a notice of appeal in civil cases. The Court held that time limits prescribed by statute for filing a notice of appeal are jurisdictional in civil cases and thus cannot be extended by application of equitable principles. In Bowles, the district court gave a habeas petitioner a 17-day extension to file his notice of appeal. But the relevant federal statute, 28 U.S.C. § 2107(c), permits a maximum extension of only 14 days. By filing the notice of appeal within the 17-day period granted by the district court, but beyond the 14-day period authorized by statute, the petitioner lost his day in court.

Under the "unique circumstances" doctrine, courts had previously recognized the reasonableness of relying on a trial judge's rulings regarding filing deadlines. The Supreme Court overruled that line of authority to the extent the filing deadline is jurisdictional and fixed by statute: "Today we make clear that the timely filing of a notice of appeal in a civil case is a jurisdictional requirement. Because this Court has no authority to create equitable exceptions to jurisdictional requirements, use of the 'unique circumstances' doctrine is illegitimate."

The Supreme Court's lesson here is clear: it is essential to independently assess, and strictly adhere to, the time periods for a notice of appeal set forth in 28 U.S.C. § 2107, and in Federal Rule of Appellate Procedure 4(a).

For further information, contact Margaret Thomas at (818) 995-0800 or send an e-mail to her at mthomas@horvitzlevy.com.

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