Which comes first, the motion or the appeal?

A motion filed after judgment can pause the clock or leave it running. Knowing which is the whole question.

After a judgment there are usually two kinds of next step: ask the trial court to look again, or ask a higher court to. Which comes first, and whether you can do both, depends on the court and the kind of case. A mistake here can end an appeal before it begins.

Motions that can stop the clock

Some motions filed after judgment, such as a request for a new trial or to change the judgment, pause the time to appeal while the judge decides them. The deadline for the motion itself is often shorter than the deadline to appeal, and it isn’t always extended.

Motions that don’t

Others leave the clock running. A motion that sounds similar may do nothing to the deadline, and a late or misdescribed one can cost you the right to appeal.

What to do with this

• Write down the date the judgment was entered, not the date you read it
• Note every motion anyone has filed since, with its date
• Don’t wait for a ruling on a motion before asking someone to count the days

The rules vary, so this is a way to think about the question, not an answer to yours. If you have a date, Adaline will count it with you.