Fed. R. App. P. 25

(a) Filing.

(1) Filing with the Clerk. A paper required or permitted to be

filed in a court of appeals must be filed with the clerk.

(2) Filing: Method and Timeliness.

(A) Nonelectronic Filing.

(i) In General. For a paper not filed electronically,

filing may be accomplished by mail addressed to the

25 Rule 25 FEDERAL RULES OF APPELLATE PROCEDURE

clerk, but filing is not timely unless the clerk receives

the papers within the time fixed for filing.

(ii) A Brief or Appendix. A brief or appendix not filed

electronically is timely filed, however, if on or before

the last day for filing, it is:

• mailed to the clerk by first-class mail, or other

class of mail that is at least as expeditious, postage

prepaid; or

• dispatched to a third-party commercial carrier

for delivery to the clerk within 3 days.

(iii) Inmate Filing. If an institution has a system designed for legal mail, an inmate confined there must

use that system to receive the benefit of this Rule

25(a)(2)(A)(iii). A paper not filed electronically by an

inmate is timely if it is deposited in the institution’s

internal mail system on or before the last day for filing and:

• it is accompanied by: a declaration in compliance with 28 U.S.C. § 1746—or a notarized statement—setting out the date of deposit and stating

that first-class postage is being prepaid; or evidence (such as a postmark or date stamp) showing

that the paper was so deposited and that postage

was prepaid; or

• the court of appeals exercises its discretion to

permit the later filing of a declaration or notarized

statement that satisfies Rule 25(a)(2)(A)(iii).

(B) Electronic Filing and Signing.

(i) By a Represented Person—Generally Required; Exceptions. A person represented by an attorney must

file electronically, unless nonelectronic filing is allowed by the court for good cause or is allowed or required by local rule.

(ii) By an Unrepresented Person—When Allowed or

Required. A person not represented by an attorney:

• may file electronically only if allowed by court

order or by local rule; and

• may be required to file electronically only by

court order, or by a local rule that includes reasonable exceptions.

(iii) Signing. A filing made through a person’s electronic-filing account and authorized by that person,

together with that person’s name on a signature block,

constitutes the person’s signature.

(iv) Same as a Written Paper. A paper filed electronically is a written paper for purposes of these rules.

(3) Filing a Motion with a Judge. If a motion requests relief

that may be granted by a single judge, the judge may permit

the motion to be filed with the judge; the judge must note the

filing date on the motion and give it to the clerk.

(4) Clerk’s Refusal of Documents. The clerk must not refuse

to accept for filing any paper presented for that purpose solely

because it is not presented in proper form as required by these

rules or by any local rule or practice.

26 Rule 25 FEDERAL RULES OF APPELLATE PROCEDURE

(5) Privacy Protection. An appeal in a case whose privacy

protection was governed by Federal Rule of Bankruptcy Procedure 9037, Federal Rule of Civil Procedure 5.2, or Federal

Rule of Criminal Procedure 49.1 is governed by the same rule

on appeal. In all other proceedings, privacy protection is governed by Federal Rule of Civil Procedure 5.2, except that Federal Rule of Criminal Procedure 49.1 governs when an extraordinary writ is sought in a criminal case. The provisions on remote electronic access in Federal Rule of Civil Procedure

5.2(c)(1) and (2) apply in a petition for review of a benefits decision of the Railroad Retirement Board under the Railroad Retirement Act.

(b) Service of All Papers Required. Unless a rule requires service

by the clerk, a party must, at or before the time of filing a paper,

serve a copy on the other parties to the appeal or review. Service

on a party represented by counsel must be made on the party’s

counsel.

(c) Manner of Service.

(1) Nonelectronic service may be any of the following:

(A) personal, including delivery to a responsible person

at the office of counsel;

(B) by mail; or

(C) by third-party commercial carrier for delivery within

3 days.

(2) Electronic service of a paper may be made (A) by sending

it to a registered user by filing it with the court’s electronic-filing system or (B) by sending it by other electronic means

that the person to be served consented to in writing.

(3) When reasonable considering such factors as the immediacy of the relief sought, distance, and cost, service on a

party must be by a manner at least as expeditious as the manner used to file the paper with the court.

(4) Service by mail or by commercial carrier is complete on

mailing or delivery to the carrier. Service by electronic means

is complete on filing or sending, unless the party making service is notified that the paper was not received by the party

served.

(d) Proof of Service.

(1) A paper presented for filing must contain either of the

following if it was served other than through the court’s electronic-filing system:

(A) an acknowledgment of service by the person served;

or

(B) proof of service consisting of a statement by the person who made service certifying:

(i) the date and manner of service;

(ii) the names of the persons served; and

(iii) their mail or electronic addresses, facsimile

numbers, or the addresses of the places of delivery, as

appropriate for the manner of service.

(2) When a brief or appendix is filed by mailing or dispatch

in accordance with Rule 25(a)(2)(A)(ii), the proof of service

must also state the date and manner by which the document

was mailed or dispatched to the clerk.

(3) Proof of service may appear on or be affixed to the papers

filed.

27 Rule 26 FEDERAL RULES OF APPELLATE PROCEDURE

(e) Number of Copies. When these rules require the filing or furnishing of a number of copies, a court may require a different

number by local rule or by order in a particular case.

(As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 30, 1991, eff. Dec.

1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 1994, eff. Dec. 1, 1994;

Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 24, 1998, eff. Dec. 1, 1998; Apr.

29, 2002, eff. Dec. 1, 2002; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007,

eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2016, eff. Dec.

1, 2016; Apr. 26, 2018, eff. Dec. 1, 2018; Apr. 25, 2019, eff. Dec. 1, 2019;

Apr. 11, 2022, eff. Dec. 1, 2022.)