If a United States Attorney wishes to recommend that a judgment be appealed, he/she should:

1. A. Send the order of the court to the Land Acquisition Section and to the Division’s Appellate Section.
2. B. Prepare a recommendation including a statement of the factual and legal issues involved, the rulings of the court which may be grounds for an appeal, and the reasons for his/her recommendations. The date from which the time for appeal runs should also be stated.
3. C. Unless otherwise instructed, file a protective notice of appeal just prior to the expiration of the time within which such notice may be filed, but not before then. This is to allow the Department the benefit of the full period of time for appeal to study the case and reach a decision. The notice of appeal should be forwarded to the Land Acquisition Section and the Appellate Section immediately after filing.

The Department will advise the United States Attorney whether to order the transcript of testimony. Note the instructions at JM 5-8.000 and in JM Title 2, regarding the handling of appeals.

[updated April 2018]