Paving The Way To Justice

Cassandra Stamm
Paving The Way To Justice

What are the time limit rules for filing a criminal appeal?

On Behalf of | Apr 4, 2023 | Criminal Law

When it comes to court cases, one of the biggest issues occurs when a party does not observe time limits. It is possible to end up with major problems within a case due to missing a deadline.

Knowing the time limits for filing an appeal is essential to not miss the window in which you can do it. The law allows for only 30 days in which to file, but there are a few details you need to know about when that time limit begins and how the court figures the date you file.

Start of the time limit

The clock on filing an appeal does not start the minute the verdict comes out. You have until the judge files the order with the clerk. The time officially begins when the clerk takes possession of the order and enters it into the record.

Record of date of submission

When your appeal is officially filed depends on a few points. If you file your appeal before the clerk receives the final order, then your file date will be the date the clerk records the order.

If you file by mail, there is the potential for delays. It will be a timely filing as long as the clerk receives the request within five days of the postmark.

In all other situations, the date of filing is the date the clerk receives the appeal request.

Secure more time

It is possible to request an extension to the 30-day time limit. However, it will require showing you have good cause to need more time. The court decides to give you more time and can only extend it by 30 more days.