Federal appeals are decided by the thirteen U.S. Courts of Appeals, each covering a defined group of states. An appeal from a federal district court goes to the court of appeals for the circuit where that district court sits. Each circuit has its own local rules and practices layered on top of the Federal Rules of Appellate Procedure, and familiarity with both shapes how a brief is written and argued.
Circuits Where Our Attorneys Are Admitted
| Circuit | Seated in | Appeals from federal courts in |
| First Circuit | Boston | Maine, Massachusetts, New Hampshire, Rhode Island, Puerto Rico |
| Fourth Circuit | Richmond | Maryland, Virginia, West Virginia, North Carolina, South Carolina |
| Seventh Circuit | Chicago | Illinois, Indiana, Wisconsin |
| Eighth Circuit | St. Louis | Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota |
| Ninth Circuit | San Francisco | Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, Northern Mariana Islands |
| Tenth Circuit | Denver | Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming |
| Eleventh Circuit | Atlanta | Alabama, Florida, Georgia |
Every federal case from the Northern, Middle, and Southern Districts of Georgia is appealed to the Eleventh Circuit in Atlanta.
Federal Criminal Appeals
A defendant's notice of appeal in a federal criminal case is due within 14 days of the entry of judgment (Federal Rule of Appellate Procedure 4(b)). The government generally has 30 days when it is permitted to appeal. Fourteen days passes quickly after sentencing, and a late notice can forfeit the appeal.
Federal criminal appeals commonly raise:
- Denial of motions to suppress evidence from searches, seizures, or statements
- Evidentiary rulings and jury instructions
- Sufficiency of the evidence
- Sentencing Guidelines calculations, enhancements, and the overall reasonableness of the sentence
- Restitution and forfeiture orders
- Conditions of supervised release
Many plea agreements include an appeal waiver. A waiver does not bar every claim. Courts generally will not enforce one against certain claims, such as a sentence above the statutory maximum, and a lawyer must file a notice of appeal if the client asks, even when a waiver exists. Claims that trial counsel was ineffective are usually better raised later in a motion under 28 U.S.C. § 2255 than on direct appeal.
Federal Civil Appeals
In civil cases, the notice of appeal is generally due within 30 days of judgment, or 60 days when the United States or a federal agency or officer is a party (Federal Rule of Appellate Procedure 4(a)). Timely motions for judgment as a matter of law, to amend findings, for a new trial, or to alter or amend the judgment postpone the deadline until the motion is decided.
Federal appellate jurisdiction generally requires a final judgment (28 U.S.C. § 1291). Exceptions include orders granting or denying injunctions (28 U.S.C. § 1292(a)), questions the district court certifies for immediate appeal and the court of appeals agrees to hear (28 U.S.C. § 1292(b)), and the narrow collateral-order doctrine.
Standards of Review
How much deference the court of appeals gives the district court depends on the issue. Legal questions are reviewed de novo. Factual findings are reviewed for clear error. Many trial-management and evidentiary decisions are reviewed for abuse of discretion. Errors not raised in the district court are generally reviewed only for plain error, a much harder standard to meet. That is why preserving issues at trial matters so much.
The Federal Appellate Process
- Notice of appeal filed in the district court, starting the appeal.
- The record, including transcripts, assembled for the court of appeals.
- Briefing: the appellant's opening brief, the appellee's response, and a reply.
- Oral argument in cases the court selects; many appeals are decided on the briefs.
- Decision by a three-judge panel.
- Rehearing: a petition for panel rehearing or rehearing en banc is generally due within 14 days of judgment, or 45 days in civil cases involving the United States (Federal Rule of Appellate Procedure 40). Rehearing en banc is granted only in exceptional cases.
- Certiorari: a petition to the U.S. Supreme Court is due within 90 days of the judgment or the denial of rehearing.
Appeals in Habeas and § 2255 Cases
When a district court denies a habeas petition or a § 2255 motion, an appeal requires a certificate of appealability. We handle these appeals and requests for a certificate in the circuits where our attorneys are admitted, including appeals to the Eleventh Circuit from Georgia's federal courts. See federal habeas corpus and § 2255.
Georgia State Appeals
Appeals from Georgia state courts go to the Court of Appeals of Georgia or the Supreme Court of Georgia, not the federal courts. See Georgia criminal appeals and civil appeals.
Reviewed by GA Law Group attorneys. Last updated October 12, 2026. This page provides general
information about Georgia and federal appellate procedure, not legal advice for your
situation. Deadlines are strict and fact-specific. Admission to practice before a court
does not imply specialization or certification, and no particular outcome can be
guaranteed.