California Appellate Tracker

Hamer v. Neighborhood Housing Services of Chicago

December 4, 2017

Appeal time limits set by congressional statute are jurisdictional; those prescribed by court rule are merely mandatory and may be waived if the opposing party does not promptly object.

FRAP 4(a)(5)(C) sets an outside maximum of 30 days on any district court-ordered extension of time to appeal. Since this limit is set by court rule, not statute, it is not jurisdictional, and may be waived if the opponent does not timely object. Here, plaintiff got the district court to order a 60 day extension of her time to appeal. Defendant didn’t object to that order. Plaintiff filed within the 60 day time allowed by the order. Held, the Court of Appeals has jurisdiction to hear the appeal even though it was filed outside the rule-set time limit.

U.S. Supreme Court (Ginsburg, J.); November 8, 2017; 2017 WL 5160782.

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Hamer v. Neighborhood Housing Services of Chicago

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