14 or 30 Days? Don’t Miss Your Criminal Appeal Deadline (TN, NC & Federal)

6 Min. Read

Don’t guess—know your deadline. In some courts you have 30 days, in others 14 days. Miss it and you may lose your right to appeal. Below, we break down typical timelines for Tennessee, North Carolina, and federal criminal appeals—plus what to do if you’re close to the cutoff or already late.

When Does the 30‑Day Clock Really Start?

In most criminal cases, the appeal clock starts on the date the court enters the written judgment on the record. That’s usually the date printed on the judgment, not when you receive a copy. Time is counted in calendar days. If the final day falls on a weekend or court holiday, the deadline typically rolls to the next business day—but don’t wait until the last minute.

Because filing rules vary by jurisdiction and case posture—e.g., whether judgment has been entered, whether post-trial motions toll time, or whether oral notice was given—the appeal clock isn’t the same everywhere. Here’s how timing typically works in Tennessee, North Carolina, and federal court.

| Every calendar day counts: weekends, holidays, even courthouse closures, because the deadline is jurisdictional.

• Tennessee: You generally have 30 days after entry of judgment to file a Notice of Appeal in a criminal case. While Tennessee courts can waive an untimely notice “in the interest of justice,” you should not rely on getting a waiver—file on time.

• North Carolina : You must either give oral notice of appeal in open court at trial or file a written Notice of Appeal within 14 days after entry of judgment. If you miss this 14-day window, the appellate court will usually dismiss the appeal as untimely.

• Federal: Under Federal Rules of Appellate Procedure, a defendant generally has 14 days after entry of judgment to file a Notice of Appeal. Courts have very limited authority to grant a short extension for good cause or excusable neglect, so treat the 14-day rule as a firm deadline.

Odds of Winning an Appeal and Why Filling on Time Matters

In a national study of state criminal appeals, 63% of appeals were reviewed on the merits, and 81% of those were affirmed, meaning the conviction and/or sentence remained unchanged.

While about 19% of criminal appeals nationwide secure reversals or sentence modifications, this underscores the importance of filing your Notice of Appeal on time and focusing on key legal errors—potentially cutting your sentence, winning a new hearing, or overturning an unfair conviction.

Attorney Insight

Filing your notice on time doesn’t promise a win—but miss it and your appeal can be dismissed before the court ever hears your arguments. Adam Rodrigues Law will file for you, so every procedural turn is covered and no opportunity is missed.

Judge Kyle A. Hixson of the Tennessee Court of Criminal Appeals presided in the UTC Library Roth Grand Reading Room on Oct. 23, 2024. Photo by Angela Foster.

Tennessee Criminal Appeal Timeline (Tenn. Code Ann. § 40‑30‑102)

If your case was in a Tennessee court, here’s what the appeal process typically looks like:

• Day 0–30: File Notice of Appeal (Tenn. R. App. P. 4(a)) — usually within 30 days after judgment or after ruling on a motion for new trial. This is a strict, non-extendable deadline — miss it and you lose your right to appeal.

• By Day 60: Order and file transcript request with the court reporter. Backlogs can delay delivery for weeks or months, which pushes later deadlines.

• By Day 90–120: Clerk completes and files the record with the Court of Criminal Appeals. Timing depends on court schedules.

• 30 days after record filed: Appellant’s brief is due in the Court of Criminal Appeals (Tenn. R. App. P. 26(a)). This is the most time-intensive phase. Extensions are sometimes granted for reviewing transcripts and legal research.

• 30 days after appellant’s brief: Appellee’s brief due.

• Optional — within 14 days: Appellant may file a reply brief.

• Several months later: Court schedules oral argument (if granted).

• Average 6–12 months after briefing ends: Court issues written opinion

| Need‑to‑Know: Appeals can take 18 months or more from start to finish, especially if extensions or complex legal issues are involved.

Real Example

In Tennessee v. William Wylie, the defendant was convicted of second-degree murder and sentenced to 20 years. He planned to appeal, raising serious questions about the evidence and key witness testimony.

But the notice of appeal was filed 12 days late and the court dismissed the case without ever reviewing those issues.

Had it been filed on time, the appeal could have been heard on the merits, potentially opening the door to a different outcome. Instead, one missed deadline ended the fight before it began.

North Carolina Criminal Appeal Timeline (N.C. R. App. P. 4(a)(2), 4(b), 27(c))

If your conviction was handed down in a North Carolina court, you have the right to file a direct criminal appeal—just like in Tennessee or federal court. This is separate from a Motion for Appropriate Relief (MAR), which is usually filed after your direct appeal is over and serves as a post-conviction remedy for issues like newly discovered evidence, ineffective assistance of counsel, or constitutional violations.

Real Example

In State v. McLean, COA 23‑100 (N.C. App. Aug. 6, 2024), defense counsel announced an oral appeal in open court, but never filed the mandatory written notice after the judge ended the day’s session.

Fourteen days ticked by—the defendant was already on his way to state prison and the Court of Appeals had to dismissed the case as “untimely.”

Showing how one administrative misstep can wipe out your only shot at review.

| Need-to-Know: If you give oral notice of appeal in court, it must be done before that day’s session ends. If you don’t—or if the law requires written notice—you must file a written Notice of Appeal within 14 calendar days of judgment. Miss this, and the Court of Appeals loses jurisdiction.

North Carolina Criminal Appeal – Typical Timeline:

• Day 0: Judgment entered.

• By Day 0: Optional oral notice of appeal given in open court before adjournment.

• Day 0–14: File written Notice of Appeal with the superior court clerk (required if no oral notice, or in certain case types).

• By Day 35 after Notice: Settle the record on appeal with the opposing party.

• By Day 40–45: File the record with the Court of Appeals (depending on settlement date).

• 30 days after record filed: Appellant’s brief due.

• Optional Post-Appeal: Once your direct appeal is exhausted, you may pursue a MAR under N.C. Gen. Stat. § 15A-1415.

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Federal Criminal Appeal Timeline (Fed. R. App. P. 4(b), 26)

If your conviction was handed down in federal court, you have just 14 calendar days from the entry of judgment to file a Notice of Appeal in the district court clerk’s office. This strict deadline applies in nearly all federal criminal cases, whether you are challenging the conviction, sentence, or both.

Federal criminal appeals are assigned to one of 12 regional circuit courts based on where the case was tried. Tennessee cases are heard in the 6th Circuit Court of Appeals, while North Carolina cases go to the 4th Circuit Court of Appeals.

| Need-to-Know: In federal court, the notice of appeal deadline is jurisdictional—miss it and the appellate court loses all authority to hear your case. There are no extensions except in rare situations where the district court grants up to an additional 30 days for “excusable neglect” or “good cause.”

Federal Criminal Appeal – Typical Timeline:

• Day 0: Judgment entered.

• Day 0–14: File Notice of Appeal with the district court clerk.

• By Day 14 after Notice: Government files appearance and/or response.

• Within 14 days of docketing in Court of Appeals: Court orders filing deadlines.

• 40 days after record is filed: Appellant’s opening brief due.

• 30 days after opening brief: Government’s response brief due.

• 14 days after response brief: Appellant’s reply brief due (optional).

• Oral argument date set by court (varies by circuit).

Attorney Insight: In federal court, the clock moves fast—and there’s no “interest of justice” safety net like in some state courts. Filing early, not just on time, is the safest way to protect your rights.

Step‑by‑Step: Filing a Notice of Appeal (TN, NC, Federal)

The rule is simple: get a written Notice of Appeal filed before the deadline. After we’re retained, we file the notice (if it wasn’t filed by your trial attorney, which it should have been!), serve the State, lock in stamped proof, request transcripts, track the record, and calendar every briefing date so nothing slips.

Where to file:

• Tennessee: File the Notice of Appeal with the Appellate Court Clerk (not the trial‑court clerk). Deadline: 30 days after entry of judgment (or after the order on a timely motion for new trial).

• North Carolina: File the written Notice of Appeal with the Superior Court (trial‑court) Clerk within 14 days of judgment (even if you gave oral notice at trial, file in writing to protect the record).

• Federal: File the Notice of Appeal with the U.S. District Court Clerk within 14 days of judgment (extensions are rare and short).

After the notice is filed

• Request transcripts immediately and confirm the court reporter’s estimated completion date. The record is compiled once transcripts are filed—timing varies by reporter and court.

• Submit your appellant’s brief within the applicable deadline:

  • Tennessee – within 30 days after the record is filed in the Court of Criminal Appeals.

  • North Carolina – within 30 days after the record is filed in the Court of Appeals.

  • Federal – follow the scheduling order issued by the circuit once the record is docketed.

• Prepare for oral argument if the court schedules one; note that many appeals are decided solely on the briefs.

• Await the decision; opinions often issue months after briefing closes, with longer timelines for complex cases.

Common Criminal Appeal Filing Challenges to Avoid

Even if you beat the filing deadline, a handful of everyday missteps can still sink your appeal in Tennessee, North Carolina, or federal court. Spot these pitfalls early and keep the door to meaningful review wide open.

Some common challenges include:

• File any motion for a new trial right away—remember the appeal clock keeps running until the judge rules.

• Attach a stamped certificate of service to every pleading so the record proves proper notice.

• Hand the Notice of Appeal to the trial‑court clerk, not the appellate clerk.

• Raise issues limited to the court record in your opening brief; save claims for things outside the record, like most ineffective counsel claims, for post‑conviction.

• File in the correct appellate court—Tennessee criminal appeals go to the Tennessee Court of Criminal Appeals, not the Tennessee Court of Appeals; sending it to the wrong court can cause delays or dismissal.

Real Success Story

Timely TN appeal results in a reduction of sentence from 18 years to only 3.

Rickey Na’Tarius Porter was sentenced to 18 years after pleading guilty to aggravated burglary, aggravated assault, and firearm use. Appellate counsel filed the Notice of Appeal on day 29—one day before Tennessee’s 30‑day cutoff—and the Court reviewed a critical sentencing error under Tenn. Code Ann. § 40‑35‑109(b)

Key Takeaway: Had that filing been filed only 2 days later, the jurisdictional deadline would have more than likely barred review. Instead, the Court reversed and remanded for resentencing as an “especially mitigated offender,” reducing Porter’s base sentence from 18 years to 3 years—cutting his prison term by more than a decade.

FAQs

• Does the appeal deadline include weekends and holidays?

  Yes. In most courts, deadlines are counted in calendar days, not business days. This means weekends and holidays are included. However, if the final day falls on a weekend or court holiday, the deadline usually extends to the next business day.

• How long do you have to file a Notice of Appeal in Tennessee?

  You have 30 calendar days after the judgment is entered—or 30 days after the order on a timely motion for a new trial. Missing this date can end your appeal before it begins.

• How long do you have to file a Notice of Appeal in North Carolina?

  You must either give oral notice in court before the end of that day’s session or file a written Notice of Appeal with the trial court clerk within 14 calendar days of judgment. If you don’t, the Court of Appeals loses jurisdiction to hear your case.

• How long do you have to file a Notice of Appeal in federal criminal court?

  In most federal criminal cases, you have 14 calendar days from the date judgment is entered to file with the district court clerk. Extensions are rare and short, so treat this as a hard deadline.

• Do you need trial transcripts before filing a notice of appeal?

  No. You can—and should—file your Notice of Appeal right away. Transcripts are ordered after the notice is filed, and waiting on transcripts before filing could cost you your right to appeal.

• What happens if you miss the deadline to file a notice of appeal?

  Your appeal is almost always dismissed as untimely; no matter how strong your arguments are. Tennessee courts may waive the deadline “in the interest of justice,” but they seldom do.

Don’t let one missed deadline end your case—call us today.

Deadlines move fast in Tennessee, North Carolina, and federal court—and judges rarely forgive late filings. At Adam Rodrigues Law, we handle every step of your appeal with precision, from filing your notice on time to presenting the strongest possible arguments.

We fight to secure reduced sentences, new hearings, or outright reversals—helping you spend less time behind bars, regain your freedom sooner, and rebuild your life with confidence.

Call 615-270-2074 now or book your consultation online before the clock runs out.

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Last Updated: September 4, 2025; For continued reading, review our Criminal Appeals page.