Rule 59 and appeals


#1

I have court for a rule 59 hearing coming up on Monday. does a rule 59 hearing afect the time to file for an appeal and if so how?..Original final decision filed Nov 21st (received 23rd), rule 59 hearing to be held Dec 19th.
I think if I interpreted this right. If there was a timely filing of a rule 59, then the time limit for filing an appeal would start after the rule 59 motion is filed. Is this correct? If so I would have another 30 days from this new motion, correct?


#2

The notice of appeal should be filed at this time as well. If the 59 motion is denied and the time for notice of appeal has lapsed by that point you could lose the right to appeal.


#3

[quote=“jdean”]I have court for a rule 59 hearing coming up on Monday. does a rule 59 hearing afect the time to file for an appeal and if so how?..Original final decision filed Nov 21st (received 23rd), rule 59 hearing to be held Dec 19th.
I think if I interpreted this right. If there was a timely filing of a rule 59, then the time limit for filing an appeal would start after the rule 59 motion is filed. Is this correct? If so I would have another 30 days from this new motion, correct?[/quote]

Motion was heard. Will be getting a transcript, then a hearing within 30 days. Opposing attorney argued it is an appeal issue and not a rule 59 issue. Judge denied her motion to dismiss mine. How does rule 59 motion affect chance to appeal?
Is it 10 days or 30?
Does time start from date of hearing on rule 59 or when papers are filed? I called 2 lawyers and they were not familiar with how the timeline is affected by a rule 59.


#4

You must file your appeal within 30 days after judgment. That is it. You have 10 days after judgment to file a motion for a new trial for Rule 59. Do not let your time period to file an appeal lapse because you are waiting on your Rule 59 ruling. You should go ahead and file the appeal while that is pending, or you could lose your right to it.