Does the filing of the motion to alter or amend the final judgment toll the time for filing the appeal ? And if it does, when a ruling on such motion to alter is rendered , does the 30 day period start again? Thanks
You must be more specific in your question as to the Court of Jurisdiction.
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Your question is unclear as to the type of Motion about which you are asking and the Court in which that Motion will be filed..
Post Judgment Motions include, but are not limited to: Motions for New Trial; Motions for Relief from Judgment; Motions for Judgment, Nunc Pro Tunc; and, Motions for Judgment, Notwithstanding the Verdict. I am not sure to which type of Motion your question is directed.
Furthermore, these Motions are typically filed in Courts at the mayoral, municipal, county, state and/or federal levels. Each of these Courts has their own and unique (although often similar) Rules which govern the filing deadlines and content of these Motions. This includes what type of Motions would toll the appeal deadlines and for how long the deadline is tolled if they do so.
In order to more directly answer your question I will need to know the title of the Motion that was (or will be) filed and the Court in which it was (or will be) filed.
PLEASE NOTE: This response is not intended by the Responding Attorney to create, nor does it create, any ongoing duty for the Responding Attorney to respond to this or any other questions. This response does not form an attorney-client relationship with the Responding Attorney, nor is it intended to be anything other than a statement of the educated opinion of the Responding Attorney. This response should not be relied upon as legal advice from the Responding Attorney and is based solely upon the limited facts being provided to the Responding Attorney by the person asking the question. To the extent additional or different facts exist, this response might possibly change. Responding Attorney is licensed to practice law in the State of Ohio and, unless otherwise stated, this response is based solely upon Ohio law.
It would help us answer your question if we knew precisely what type of motion and in which court you were doing it because different rules apply in most courts.
Use the AVVO.com web site to find an attorney in your area. In addition to that, contact your local bar association for referral to an attorney who specializes in this or talk to friends and neighbors to ask about an attorney they have used and liked. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!
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Eliz. C. A. Johnson
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Danville, California 94526-0008
Legal disclaimer: I do not practice law in any state but California. As such, any responses to posted inquiries, such as the one above, are limited to a general understanding of law in California and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.