US · guidance
Justice Manual § 2-4.110
Criminal Cases—Appeal by Government
Criminal appeals by the government under 18 U.S.C. § 3731 must be taken within 30 days after entry of the judgment or order appealed from. See Fed. FRAP App. 4(b). If the government seeks reconsideration of the adverse ruling within the 30-day period after the entry of the judgment or order, the 30-day period for filing the notice of appeals runs from the date of the entry of the order denying reconsideration. See United States v. Dieter, 429 U.S. 6 (1976).
If the appeal is from an order suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, the "United States Attorney" must certify to the district court "that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding." 18 U.S.C. § 3731 ¶ 2. The certification should be filed with the notice of appeal and it should be signed by the United States Attorney personally, or, if he or she is unavailable, by the attorney designated to act in his or her stead.
History
[updated July 2018]
Provenance
- Source
- justice.gov
- Retrieved
- 2026-09-20
- Edition
- jm-2026-09-20
- Content hash
e3d691256d385bfd0753295dafd386131eabf8f227d71dec95232776940338cc
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