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Legalease, Lawyer
Category: Legal
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Experience:  15 years exp all aspects of general law
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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 year ago via Cornell Legal Info Institute.
Category: Legal
Expert:  Legalease replied 1 year 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 year ago.

Hello again --

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