Sandra Day O'Connor

“ Having accepted a paper as the notice of appeal required by Rule 3, an appellate court might require timely filing of a second document meeting its standards for a brief or, if the paper meets those standards, take such other action as it deems appropriate to ensure that the filing sequence contemplated by the Rules is not disturbed. ”

“ See Fed.Rule App.Proc. 3 (a) ("Failure of an appellant to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal . . .") .
Respondents make the point that Smith filed his brief with the Court of Appeals, whereas Rule 3 (a) directs litigants to file their notices of appeal with district courts. The Rules themselves answer this argument. ”

“ Smith's notice of appeal was in fact invalid under Federal Rule of Appellate Procedure 4 (a) (4) , which provides that a notice of appeal filed before the disposition of a timely J.N.O.V. motion is without effect. Although the Fourth Circuit's jurisdiction had not been properly invoked, its Clerk responded to the notice of appeal by sending all of the parties copies of the "informal brief" the court uses in pro se appeals and an order explaining the court's procedures. ”