When a decision has been made to appeal or cross-appeal in a case where the United States Attorney was lead counsel in the district court, the United States Attorney is responsible for serving and filing a notice of appeal or cross-appeal on behalf of the United States or any officer or agency thereof. This applies to appeals to the Supreme Court (see Rule 18, Rules of Supreme Court) as well as to the courts of appeals.

With respect to notices of appeal to the Supreme Court, if proof of service is by certificate, the attorney signing the certificate must be a member of the bar of the Supreme Court. Rule 29.5(b), Rules of the Supreme Court.

The appellate section of the appropriate division should be promptly notified by the United States Attorney when the notice of appeal has been filed.

[updated July 2018]