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Time waits for no man - but is tolled for certain post-judgment motions: Federal Rule of Appellate Procedure 4(a)(4) and the fate of withdrawn post-judgment motions

Lena Husani Hughes

Colum. L. Rev., Vol.112(2), pp.319-358, 2012 [Periódico revisado por pares]

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  • Título:
    Time waits for no man - but is tolled for certain post-judgment motions: Federal Rule of Appellate Procedure 4(a)(4) and the fate of withdrawn post-judgment motions
  • Autor: Lena Husani Hughes
  • Assuntos: Traditionally; Characterizes; Unanticipated; Jurisdictions; Specifically; Unsurprising; Introduction; Chronically; Rudimentary; Timekeeper; Civil Procedure; Criminal Law & Procedure; Governments
  • É parte de: Colum. L. Rev., Vol.112(2), pp.319-358, 2012
  • Descrição: ... With the right to appeal in the balance, this Note considers how Rule 4(a)(4) ought to be read in light of the text of the rule, the jurisdictionality of the appeal deadlines, and the history of Rule 4. ... Tolling Provisions. -- Rule 4 also permits deviation from its deadlines in certain circumstances. ... Trapped by the Rules. -- There is a significant amount of literature surrounding the traps that Rule 4 has historically created for litigants. ... On the other hand, if the voluntary withdrawal nullified the tolling effect of the post-judgment motion, then the Vanderwerfs needed to have filed their notice of appeal within thirty days of January 9, 2008 (when the original decision was entered), and therefore their notice of appeal was clearly untimely. ... The rule informs the reader: If a party timely files in the district court any of the following motions under the Federal Rules of Civil Procedure, then the time to file an appeal runs for all parties from the entry of the order disposing of the last such remaining motion. ... The Advisory Committee has also displayed particular concern for unpracticed attorneys and pro se litigants when considering amendments to the rules. ... The thirty-day appeal deadline contained in Rule 4(a)(1), like the deadline involved in Bowles v.
  • Idioma: Inglês

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