Short answer. Thirty days. In a criminal appeal, the appellant's brief must be filed within thirty days from receipt of the notice from the clerk of court of the Court of Appeals that the evidence, oral and documentary, is already attached to the record — not from the date of the trial court's judgment.

What the law says

Within thirty days from receipt by the appellant or his counsel of the notice from the clerk of court of the Court of Appeals that the evidence, oral and documentary, is already attached to the record

Rule 124, Section 3 — When brief for appellant to be filed. Read the full provision →

What the law says

the appellant shall file seven copies of his brief with the clerk of court which shall be accompanied by proof of service of two copies thereof upon the appellee

Rule 124, Section 3 — When brief for appellant to be filed. Read the full provision →

The clock starts with the clerk's notice

Rule 124, Section 3 fixes the period in criminal appeals: Within thirty days from receipt by the appellant or his counsel of the notice from the clerk of court of the Court of Appeals that the evidence, oral and documentary, is already attached to the record, the brief must be filed. The trigger is not the trial court's judgment, nor the notice of appeal, but a specific administrative event — the appellate clerk's advice that the record is complete. Until that notice arrives, the thirty days have not begun; once it arrives, every day counts.

Notice to your lawyer is notice to you

The section counts the period from receipt by the appellant or his counsel. In practice, court notices go to counsel of record, and the period runs from counsel's receipt even if the client never personally sees the notice. An appellant who has changed lawyers, moved address, or lost touch with counsel risks the period running out unseen. If you are the appellant, make sure the Court of Appeals has your counsel's current address on record, and ask your lawyer to alert you the day the clerk's notice lands so the brief can be planned, not rushed.

What must actually be filed

The obligation is not merely to file one document: the appellant shall file seven copies of his brief with the clerk of court which shall be accompanied by proof of service of two copies thereof upon the appellee. Two things follow. First, service of copies on the appellee must be done and proved, not just intended. Second, a brief filed without the proof of service is incomplete compliance with the section. Build the copying and service steps into the timetable rather than treating them as afterthoughts on the final day.

Missing the deadline endangers the appeal itself

A late appellant's brief is not a technicality a court must overlook: the Rules allow an appeal to be dismissed when the appellant fails to file the brief within the prescribed time. The thirty-day period should therefore be treated as critical. If it is about to lapse, the accepted course is to ask for an extension before the period expires, supported by a reason the court can act on — not to file late and explain afterwards. Diarise the date the clerk's notice was received, count thirty days, and work backwards from there.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.