How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16288
Experience:  15 years exp all aspects of general law
20355756
Type Your Legal Question Here...
Legalease is online now
A new question is answered every 9 seconds

Can the filing date for a notice of appeal in federal court

Customer Question

Can the filing date for a notice of appeal in federal court be tolled by 1 additional day if: 1) Plaintiff/Appellant files a Motion for a Rule 60 reconsideration for relief of judgment in the district court which the Court denies, and (2) appellant files a motion for reconsideration of the courts denial of her Rule 60 motion, and (3) when the judge denies the Motion for reconsideration of the Rule 60 motion appellant files a timely Notice of Appeal on the Rule 60 Motion denial, and (4) then the clerk of court for the district court dockets and transmit the notice of appeal showing it as being inclusive of both the Rule 60 motion denial and the Reconsideration of the Rule 60 motion denial instead of filing it as a separate appeal as appellant believed would be done, and (5) when appellant finds out her second appeal is included in first he immediately files a motion for extend filing time for informal opening brief due to the mix up.
Submitted: 1 month ago via Cornell Legal Info Institute.
Category: Legal
Expert:  Legalease replied 1 month ago.

Hello there --

-

There is no automatic tolling due to a mistake in a situation like this (no matter who made the mistake). However, the court is generally very reasonable when something like this happens but you will have to file a written request with the court to extend the time so that the appeals can be separated out and filed separately by the court. Ask the court clerk if they have a form that you can use to write up a Motion for tolling of time and submit it to the court to make the request. MARY

Expert:  Legalease replied 1 month ago.

Hello again --

I note that you viewed my answers above yesterday afternoon. Please let me know if you have any additional questions. If not, can you please press a positive rating above in the star rating section so I will be given credit for my time assisting you today? I do not receive any credit from Just Answer for helping you unless you press the middle star or the fourth or fifth star to the right of the middle star in the star ratings section above -- I genuinely appreciate it !! THANK YOU VERY MUCH !!

-

MARY

Related Legal Questions