A federal appeals court on Thursday set the timeline for the Justice Department‘s efforts to revive the classified documents case against former President Donald Trump after it was dismissed at the district court level earlier this month.

The U.S. Court of Appeals for the 11th Circuit said special counsel Jack Smith‘s opening briefs will be due by Aug. 27 and that Trump’s brief is due no more than 30 days later. Offering room for additional replies, the court’s schedule appears to show a decision could be made sometime around or after mid-October unless Smith seeks to expedite the request.

Smith appealed U.S. District Judge Aileen Cannon’s decision to dismiss the case on July 17, just two days after her landmark order that found Smith was improperly appointed by Attorney General Merrick Garland under the appointments and appropriations clauses.

Trump was charged in the case filed in Florida’s Southern District Court with retaining hundreds of classified documents at his Mar-a-Lago resort after leaving the White House in 2021 and with attempting to obstruct the government’s efforts to regain those records.

Cannon’s dismissal of the case came two weeks after the Supreme Court decided the immunity dispute in Trump v. United States, which separated presidential acts into three buckets: clear immunity from prosecution, clearly not immune, and unclear.

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The district court judge leaned partially on the immunity ruling in her written decision, citing a portion of a concurrence by Justice Clarence Thomas that took a critical look at Garland’s appointment of Smith.

If the 11th Circuit sides against Trump and brings back the case, the former president will have the option to appeal that reversal and seek a review of Cannon’s dismissal by the full panel of judges on the 11th Circuit or appeal to the Supreme Court.