Guide · Litigation
Civil Appeals: A Comprehensive Guide to Preservation, the Record, Standards of Review, and Briefing
28 U.S.C. § 1291
- Type
- Guide
- Jurisdiction
- National
- Date
- 2026-02-21
- Topic
- Litigation
This guide covers a civil appeal from the judgment that starts the clock through the mandate that ends it. Part 1 covers appellate jurisdiction and the final judgment rule, and Part 2 covers the exceptions, including the collateral order doctrine and interlocutory certification. Part 3 covers the deadline and the tolling motions that restart it. Part 4 covers preservation, which is trial work rather than appellate work, and Part 5 sets out the standards of review that decide most appeals before argument. Parts 6 and 7 cover harmless error, the record, and the appendix the panel actually reads. Parts 8 and 9 cover briefing, issue selection, argument, rehearing, and the mandate. Parts 10 through 13 cover stays and security, the appellee's position, the decision whether to appeal at all, and practice notes by role.
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