In litigation in the state courts, the United States Attorney should promptly inform the appellate section of the appropriate division as to all decisions, including those adverse to the United States and subject to review in a higher state court. In all of these cases, the United States Attorney should follow the general procedures established for appeals from United States district courts to courts of appeals. If the procedural steps involved in the taking or perfecting of the appeal raise an issue that bears upon the merits of the case, the United States Attorney should promptly inform the appellate section of the appropriate division and secure its advice with respect to that issue, but in any event the necessary protective action should be timely taken.

[updated July 2018]