When Are Appellate Time Limits Jurisdictional?

By Eric Miller (August 16, 2017, 1:26 PM EDT) -- "Jurisdiction," the U.S. Supreme Court has observed, "is a word of many, too many, meanings." Steel Co. v. Citizens for a Better Environment, 523 U.S. 83, 90 (1998). In the past, some courts have used the word loosely and described any rigid rule as "jurisdictional," but in a series of cases beginning in the early 2000s, the Supreme Court has sought to promote greater precision. Specifically, it has clarified that some time limits are jurisdictional and some are not. The distinction is important because a jurisdictional rule must be raised by a court sua sponte and generally does not allow exceptions, while a nonjurisdictional rule may be waived or forfeited and may also be subject to exceptions such as equitable tolling. In its upcoming term, the court will examine Federal Rule of Appellate Procedure 4(a)(5), which limits the authority of a district court to extend the time for filing a notice of appeal. The court's decision should further clarify the distinction between jurisdictional and nonjurisdictional time limits....

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