The United States Court of Appeals for the Eighth Circuit hears appeals from the federal district courts in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota (28 U.S.C. § 41). In a criminal case, the defendant’s notice of appeal is due in the district court within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)). The national appellate rules apply here, along with this court’s own local rules; the points below are local rules that matter in criminal appeals.
Which federal courts does it cover?
The Eighth Circuit covers 10 federal districts:
Arkansas
- Eastern District of Arkansas (E.D. Ark.)
- Western District of Arkansas (W.D. Ark.)
Iowa
- Northern District of Iowa (N.D. Iowa)
- Southern District of Iowa (S.D. Iowa)
Minnesota
- District of Minnesota (D. Minn.)
Missouri
- Eastern District of Missouri (E.D. Mo.)
- Western District of Missouri (W.D. Mo.)
Nebraska
- District of Nebraska (D. Neb.)
North Dakota
- District of North Dakota (D.N.D.)
South Dakota
- District of South Dakota (D.S.D.)
Not sure which district has the case? Find the federal court.
Where does the court sit?
By law, the Eighth Circuit holds regular sessions in St. Louis, Kansas City, Omaha and St. Paul (28 U.S.C. § 48(a)), and it may sit elsewhere in the circuit. Its headquarters is the Thomas F. Eagleton Courthouse, St. Louis, Missouri. The court’s website is www.ca8.uscourts.gov.
Local rules that matter in criminal appeals
These points come from the court’s own rules: Eighth Circuit Local Rules (June 17, 2024). Rules change, so check the current version before relying on a deadline.
Counsel must file the notice of appeal on request
Retained and appointed counsel in a criminal case must file a notice of appeal when the client asks, and trial counsel must represent the defendant on appeal unless the court allows withdrawal (8th Cir. R. 27B(a)).
Withdrawal: Anders brief or good cause
A motion to withdraw because there are no non-frivolous issues must come with an Anders brief. A motion to withdraw for any other reason is granted only for good cause and rarely unless another lawyer has entered or agreed to enter the case with the defendant's consent (8th Cir. R. 27B(b)).
No dismissal without the defendant's consent
A criminal appeal may be dismissed voluntarily only if the defendant signs the motion or consents in writing (8th Cir. R. 42A).
The addendum to the brief
In a direct criminal appeal, the addendum to the brief should include the judgment and commitment order and any other order, such as a suppression ruling, that an issue on appeal is based on (8th Cir. R. 28A(g)).
Deadlines that apply in every circuit
- Notice of appeal: 14 days for a defendant, 30 days for the government (Fed. R. App. P. 4(b)(1)).
- Ordering transcripts: within 14 days after filing the notice of appeal (Fed. R. App. P. 10(b)(1)).
- Rehearing: 14 days after judgment in a criminal case (Fed. R. App. P. 40(d)(1)).
- Certiorari: 90 days after judgment, or after the denial of a timely rehearing petition (Sup. Ct. R. 13.1, 13.3).
For the whole process, see how federal criminal appeals work.
Is Brandon Sample admitted in the Eighth Circuit?
Yes. Brandon Sample, the founder of Criminal Center, is admitted to practice before the U.S. Court of Appeals for the Eighth Circuit. He has also handled federal cases in courts across the country.
Rules checked against the court’s official rules on October 18, 2026. This page is general information about federal appeals, not legal advice for any case.