Thursday, October 30, 2014
There are a number of litigation deadlines in cases. The deadline to file a post trial motion is ten (10) days after entry of the judgment. The deadline to file an appeal is thirty (30) days after entry of a judgment or thirty (30) days after entry of an order denying the motion for a new trial. I am working on a case now where an opposing counsel keeps filing motions after missing both of these deadlines. What many people do not realize is that those deadlines are actually jurisdictional. Once the ten (10) days lapse, the trial court is deprived of jurisdiction to change the opinion absent a motion for Rule 60 relief which has very narrow applications. Once the thirty (30) day deadline passes, the appellate court has no jurisdiction to modify the trial court judgment.