📝Appellate Brief Deadline Calculator

Calculate appeal brief submission period (20 days)

days
BriefPeriodRuns from
Appellant's principal brief40 daysFiling of the record (FRAP 31(a)(1))
Appellee's brief30 daysService of appellant's brief (FRAP 31(a)(1))
Reply brief21 daysService of appellee's brief, and at least 7 days before argument

Note: FRAP 26(a) excludes the day of the triggering event, counts every day, and moves a deadline that lands on a weekend or legal holiday to the next business day. This tool shifts weekends only, so check the court calendar as well.

How to use the appellate brief deadline calculator

Federal appeals run on a briefing schedule that starts as soon as the record is filed, and the periods are longer than the twenty days Korean criminal practice allows after notice that the case file has arrived. Pick which brief you are filing, enter the date that triggers it, and the tool returns the due date with the days already spent.

Days are counted under FRAP 26(a): the day of the triggering event is excluded, every calendar day counts after that, and a deadline landing on a Saturday, Sunday or legal holiday moves to the next business day. The start date, days left and days elapsed above all follow that one rule.

Authority: FRAP 31(a)(1) gives the appellant 40 days after the record is filed, the appellee 30 days after service of the appellant's brief, and the appellant 21 days after service of the appellee's brief for a reply, which must also be on file at least 7 days before argument. Circuits add local rules and scheduling orders that can change these. Stated as of September 2026.

This calculator is for reference only and is not legal advice. Check the circuit's local rules, any scheduling order in your case, and confirm with a licensed attorney.

Frequently asked questions

What happens if the brief is late?

FRAP 31(c) allows the court to dismiss the appeal when the appellant fails to file on time, and an appellee who files late may be barred from oral argument. Courts often grant extensions if they are requested before the deadline rather than explained afterwards.

Does a scheduling order override these periods?

Yes. The rule periods apply unless the court sets a different schedule, and many circuits issue a briefing order that supersedes them. Where the two differ, the order in your case controls, so read it before relying on the default dates.