In a case where the United States Attorney was lead counsel in the district court, if the time for appeal or cross-appeal is about to expire (see time limitations, JM 2-4.000) and the United States Attorney has not received notice from the appellate section of the appropriate division of the Department as to whether an appeal is to be taken, a "protective" notice of appeal must be filed by the United States Attorney in order to preserve the government's right to appeal. Such action should be reported to the appellate section of the appropriate division. In order that the Department may have adequate time to consider the case, such notice of appeal or cross-appeal should not be filed sooner than five days before the time for appeal or cross-appeal expires.

NOTE: See JM 2-3.222 which relieves the United States Attorney of the responsibility for filing a notice of appeal in social security cases in which the claim is for benefits for an individual.