Jurisdictional Statement in an Appellate Brief: Elements and Examples

A jurisdictional statement in an appellate brief is the short section, required by Federal Rule of Appellate Procedure 28(a)(4), that proves the court of appeals has authority to hear your case. It has to do four things: cite the statute that gave the district court subject-matter jurisdiction, cite the statute that gives the court of appeals jurisdiction, show the notice of appeal was filed on time, and confirm the order being appealed is final or identify another recognized basis for review.¹ Miss any one of those, and the court will notice before it reads a word of your merits argument.

The Four Elements You Have to Cover

Each element below ties directly to the language of Rule 28(a)(4), and each needs both a statutory citation and the facts that make the statute apply.¹

District court jurisdiction. Cite the statute that gave the trial court subject-matter jurisdiction and state the facts that satisfy it. In most civil cases that will be 28 U.S.C. § 1331 (federal question) or 28 U.S.C. § 1332 (diversity of citizenship).

Court of appeals jurisdiction. Cite the statute that gives the appellate court authority to review the decision. In a standard appeal from a final judgment, that statute is 28 U.S.C. § 1291.²

Timeliness. Give the date the judgment or order was entered and the date the notice of appeal was filed, so the court can confirm the appeal met the deadline in FRAP Rule 4.

Finality or alternative basis. Say that the appeal is from a final order disposing of all claims and all parties. If it isn’t, identify the alternative basis, such as an interlocutory appeal under 28 U.S.C. § 1292 or the collateral order doctrine.

Getting the Dates Right

Timeliness is where appeals die, so the dates in your statement have to be exact. In a civil case between private parties, the notice of appeal is due within 30 days after entry of the judgment or order. When the United States or a federal officer sued in an official capacity is a party, the deadline is 60 days.³

Post-Judgment Motions That Reset the Clock

Some post-judgment motions toll the appeal deadline. The clock does not start until the district court rules on the last such motion. Under FRAP Rule 4(a)(4), the tolling motions are:³

A motion for judgment as a matter of law under Civil Rule 50(b)
A motion to amend or add factual findings under Civil Rule 52(b)
A motion for attorney’s fees under Civil Rule 54, if the district court extended the appeal deadline under Rule 58
A motion to alter or amend the judgment under Civil Rule 59
A motion for a new trial under Civil Rule 59
A motion for relief under Civil Rule 60, but only if filed within the time allowed for a Rule 59 motion

When one of these motions was filed, note it in the jurisdictional statement, give the date it was decided, and measure timeliness from that later date rather than the original judgment. A notice of appeal filed while such a motion is pending only becomes effective after the district court resolves the motion.

Diversity Jurisdiction Example

Diversity jurisdiction has two requirements: more than $75,000 in controversy, exclusive of interest and costs, and complete diversity of citizenship, meaning no plaintiff shares citizenship with any defendant.⁴ A properly drafted statement reads:

“The district court had subject-matter jurisdiction under 28 U.S.C. § 1332(a). Plaintiff is a citizen of [State A], and Defendant is a citizen of [State B], establishing complete diversity. The amount in controversy exceeds $75,000, exclusive of interest and costs. The district court entered final judgment on [Date]. The notice of appeal was filed on [Date], within the 30-day period prescribed by FRAP Rule 4(a)(1)(A). This Court has jurisdiction under 28 U.S.C. § 1291 as the appeal is taken from a final judgment disposing of all parties’ claims.”

Corporate Parties

A corporation is a citizen of every state where it is incorporated and the state where it has its principal place of business.⁵ A corporation incorporated in Delaware with its principal place of business in New York is a citizen of both states for diversity purposes. If the opposing party is a citizen of either, complete diversity fails and there is no § 1332 jurisdiction. Identify both the state of incorporation and the principal place of business for every corporate party in the statement.

Federal Question Example

Federal question jurisdiction covers civil actions arising under the Constitution, federal statutes, or treaties of the United States, with no minimum amount in controversy.⁶ The statement must identify the specific federal law at issue:

“The district court had subject-matter jurisdiction under 28 U.S.C. § 1331 because Plaintiff’s claims arise under the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. The district court entered final judgment on [Date]. Plaintiff filed the notice of appeal on [Date], within the 30-day period prescribed by FRAP Rule 4(a)(1)(A). This Court has jurisdiction under 28 U.S.C. § 1291 as the appeal is taken from a final decision disposing of all claims and parties.”

The difference from the diversity version is simplicity. You don’t establish the parties’ citizenship or the amount at stake. You identify the federal law that gives rise to the claim.

When the Order Isn’t Final

Section 1291 only covers final decisions.² If you’re appealing an order that did not end the case, the jurisdictional statement has to work harder and explain the alternative basis in enough detail for the court to confirm it has authority to proceed.

Interlocutory Appeals by Right

Under 28 U.S.C. § 1292(a), certain mid-case orders are immediately appealable: orders granting or denying injunctions, orders involving the appointment of receivers, and certain admiralty decrees.⁷ Cite § 1292(a) and identify which category the order falls into.

Certified Interlocutory Appeals

Under 28 U.S.C. § 1292(b), a district judge can certify an otherwise non-appealable order for immediate appeal when the order involves a controlling question of law on which there is substantial ground for disagreement and an immediate appeal could materially speed up the litigation. The judge must put that finding in writing, and the party seeking appeal has ten days from entry of the order to apply to the court of appeals for permission.⁸ The statement should cite § 1292(b), note the date of the district court’s certification, and give the date the application was filed in the court of appeals.

Collateral Order Doctrine

A narrow judicial exception allows appeal of orders that are not technically final. An order qualifies only when it conclusively resolves a disputed question, that question is completely separate from the merits, and the order would be effectively unreviewable after final judgment. Address each of the three requirements and cite cases establishing that the type of order at issue is appealable under the doctrine. The Seventh Circuit, for example, requires appellants to “describe how the order meets each of the criteria” and to “[c]ite pertinent cases establishing the appealability of orders of the character involved.”⁹

If You’re the Appellee

An appellee doesn’t need to draft a jurisdictional statement unless it disagrees with the appellant’s version. FRAP Rule 28(b) excuses the appellee from the requirement “unless the appellee is dissatisfied with the appellant’s statement.”¹ Read the appellant’s statement carefully. If it misstates a filing date, omits the jurisdictional statute, or gets a party’s citizenship wrong, include a corrected version in your brief. Silence implies agreement.

What a Deficient Statement Costs

Federal appellate courts have an independent duty to confirm their own jurisdiction, so a weak statement doesn’t automatically kill the appeal. Courts generally respond in one of three ways: order the appellant to file a corrected brief curing the problem, raise the jurisdictional question themselves and ask both sides to brief it, or, if the deficiency reveals a real jurisdictional defect such as a late notice of appeal, dismiss for lack of jurisdiction.

The distinction is the one that matters. A sloppy statement can be rewritten. A real jurisdictional problem cannot. If the appeal was filed late or the order isn’t reviewable, no amount of better drafting will save it, which is why the four elements, the right statutes, and the correct dates have to be in the statement the first time it’s filed.

1
Legal Information Institute. Federal Rules of Appellate Procedure Rule 28 – Briefs
2
Office of the Law Revision Counsel. 28 U.S. Code 1291 – Final Decisions of District Courts
3
LII / Legal Information Institute. Rule 4 – Appeal as of Right – When Taken
4
Office of the Law Revision Counsel. 28 U.S. Code 1332 – Diversity of Citizenship
5
Office of the Law Revision Counsel. 28 U.S.C. 1332
6
Office of the Law Revision Counsel. 28 U.S. Code 1331 – Federal Question
7
Office of the Law Revision Counsel. 28 U.S. Code 1292 – Interlocutory Decisions
8
Office of the Law Revision Counsel. 28 U.S.C. 1292
9
GovInfo. United States Court of Appeals for the Seventh Circuit