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Does a second motion for reconsideration extend the deadline to file a notice of appeal?
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I am filing a second motion to reconsider 59(e) off of court error of law which would manifest an injustice
I understand that dealing with court motions can be quite challenging. Can you please share what specific error of law you believe occurred in your case?
The court did not consider my records because they were not admissible right now, but I have a law that says they should be admissible for summary judgment purposes if they can be admissible by trial
Have you already submitted any previous motions regarding this issue, and if so, what was the outcome?
I didn't, I just filed a motion uploading a declaration and other documents, but it was rejected because it was not new evidence and I did not submit the law
Is there anything else the attorney should know before I connect you? Rest assured they'll be able to help with your court motion.
I am wondering once I file this second motion to reconsider July 21, will it extend my notice of appeal for 30 days once the district court makes a decision, or should I just file a notice of appeal which would be due July 30 so I don't lose my appeal rights
Good day and welcome. Please give me a moment to review your question. I do not provide representation and no attorney-client relationship is formed. My answers and comments should not be considered legal advice. It is always best to hire a local attorney to review the specifics of your particular case to ensure that a proper review is conducted.
Any other recent developments?
No, I just realized that the case law allows nonadmissible records per summary judgment if they can be cured by trial.
Admissible by trial.
From a legal standpoint, if you have identified authority stating that evidence considered at the summary judgment stage need not be in admissible form at that moment, so long as its contents can be presented in an admissible form at trial, you may have a basis to argue that the court committed a legal error by excluding or disregarding those records. In a Rule 59(e) motion, the focus is generally on correcting a clear error of law or preventing manifest injustice, rather than presenting arguments that could have been raised earlier. Regarding appeal rights, the safer legal principle is not to assume that a second motion for reconsideration will automatically extend or restart the deadline to file a notice of appeal. Courts often treat successive Rule 59(e) motions differently from an initial timely motion, and relying on a second reconsideration motion alone can create a risk of losing appellate rights if the appeal deadline expires.
Does that make sense?
Yes, so I am considering still filing this motion for reconsideration 20 days from now, but my notice of appeal I know is due in 30 days, so I was going to still file my notice of appeal at 25 days even if the court doesn't say anything, so I don't lose my appeal rights.
Yes, that approach is generally consistent with protecting your appellate rights. From a legal standpoint, filing the notice of appeal before the deadline expires can help ensure that you do not lose the right to appellate review while the district court is considering the second motion for reconsideration. The key legal concept is that you should not assume a successive Rule 59(e) motion will toll or extend the appeal deadline, so preserving the appeal by filing a timely notice of appeal is often the more cautious procedural course. This is consistent with Federal Rule of Appellate Procedure 4(a)(4), which sets out how certain post-judgment motions affect the running of the appeal clock, and generally applies only to an initial, timely Rule 59(e) motion rather than a successive one.
Lastly, regarding Rule 60(b), it says I have a year to file it, but I wanted to do it after I file this 59(e) motion and after my notice of appeal, because it involves documents I forgot to upload that I referenced in the opposition to summary judgment. I don't believe it should cost me the case.
A Rule 60(b) motion may provide a separate avenue to seek relief based on mistake, excusable neglect, or newly presented supporting materials, but if an appeal deadline is approaching, you generally should not rely on a future Rule 60(b) motion to preserve appellate rights and should ensure your notice of appeal is timely filed.
Okay, thank you.
Have a great rest of your day.
And you're very welcome. This chat may close, but if you have any other questions, please feel free to ask.
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