Legal Definitions - FRAP

FRAP stands for Federal Rules of Appellate Procedure.

The Federal Rules of Appellate Procedure (FRAP) are a comprehensive set of rules that govern the procedures for civil and criminal appeals in the federal court system. These rules dictate the steps and requirements that parties must follow when seeking to challenge a decision made by a federal district court in a federal court of appeals, or when seeking review by the U.S. Supreme Court. They cover everything from the initial filing of an appeal to the submission of legal arguments, oral arguments, and the final disposition of the case, ensuring uniformity and order in the appellate process across the federal judiciary.

Here are some examples illustrating the application of the Federal Rules of Appellate Procedure:

• Example 1: Filing a Notice of Appeal

  Imagine a small business loses a patent infringement lawsuit in a federal district court. If the business wishes to challenge that decision, it must file a "notice of appeal" to initiate the appellate process. The FRAP specifies the strict deadline for filing this notice—typically 30 days from the entry of the judgment. If the business misses this deadline, it generally loses its right to appeal the decision, regardless of the merits of its case. This demonstrates how FRAP establishes critical timelines that must be adhered to for an appeal to proceed.

• Example 2: Formatting of Appellate Briefs

  Consider a lawyer representing a client who is appealing a federal criminal conviction. The lawyer must submit a written argument, known as an appellate brief, to the federal court of appeals. The FRAP sets forth detailed requirements for the format and content of this brief, including specifications for font size, page limits, margin widths, and the required sections (e.g., statement of jurisdiction, statement of facts, summary of argument, legal arguments, conclusion). Failure to comply with these rules can result in the court rejecting the brief or requiring it to be refiled, highlighting FRAP's role in standardizing legal submissions.

• Example 3: Procedures for Oral Argument

  In a complex environmental law case, the federal court of appeals decides to hear oral arguments from the attorneys involved. The FRAP, often supplemented by local court rules, provides the framework for how these arguments are conducted. For instance, it generally outlines the amount of time each side is allotted to present their case and respond to judges' questions, the order in which parties speak, and procedures for rebuttal arguments. This ensures a consistent and fair process for attorneys to present their arguments directly to the appellate judges.