(The following is provided strictly for informational purposes and not to be construed as legal advice.)
The periods of time within which to file an appeal from and order of judgement of a federal district court and the filing of a motion for extension of time vary depending on several factors - civil or criminal, the nature of the order, whether the moving party is incarcerated and whether the United States is a party – none of which you have provided.
[You will find the applicable time periods set out in the Federal Appellate Rules of Practice beginning with Part II Rule 3.]
Generally speaking these time periods are jurisdictional, which means that if they are not timely met, the judgment or order becomes res adjudicata (the thing is final) and cannot be collaterally attacked.
For your purposes Rule 4(a)(5)(A), does permit the district court to extend the time to file a notice of appeal upon a showing of ”EXCUSABLE NEGLECT”, but only if the motion for the extension is made within a specified number of days from the expiration of the of the appeal period. And again those periods vary as earlier noted.
There is no precise definitions of the term “EXCUSABLE NEGLECT” as it appears in many of the Federal Rules. Defining what it means in a particular case is said to be an “equitable determination” in which “all relevant factors” are to be taken into account, including:
“1. The danger of prejudice to the movant,
2. The length of the delay and its potential impact on judicial
proceedings,
3. The reason for the delay, including whether it was within
the reasonable control of the movant, and
4. Whether the movant acted in good faith”
(See: Pioneer Inv. Service. Co. v. Brunswick Associates, Inc. United States Supreme Court, 507 U.S. 380 (1993).
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However, because the mere preparation and filing of the notice of appeal is not a complicated nor expensive process, I am skeptical that your excuse will be viewed favorably. But you have not much to lose by trying.
