Becker v. Montgomery

Becker v. Montgomery, 532 U.S. 757 (2001) is a Supreme Court case that addressed Rule 11(a) of the Federal Rules of Civil Procedure and whether the failure to sign a notice of appeal requires a court to dismiss the appeal.

[1] Dale G. Becker, an Ohio prisoner, represented himself in a civil rights action to contest the conditions of his confinement.

Where the form asked for "Counsel for Appellant" Becker typed his name but did not provide his signature.

In a unanimous opinion delivered by Justice Ginsburg, the Court held that the federal rules require signature on notice of appeal, but the failure of a party to sign timely notice of appeal did not require the Court of Appeals to dismiss, as the lapse was curable and not a jurisdictional impediment.

Rule 11(a) states that the omission of a signature may be corrected within 30 days of filing.