Many lay persons and lawyers alike believe that a motion for reconsideration tolls the deadline to note an appeal.  While this is sometimes true, it is not always the case.  A motion for reconsideration only tolls the appellate deadline if it is treated as a motion to alter or amend the judgment.  After this period, the motion will have no tolling effect.

Many federal and state courts have made it clear that a motion for reconsideration only tolls the appellate deadline when filed within the time to file a motion to alter or amend the judgment.  Silverman v. Rosenfeld, 100 Fed.Appx. 27, 28 (2d Cir. 2004); U.S. v. Terrell, 6 Fed.Appx. 763, 764 (10th Cir. 2001); Furda v. State, 193 Md. App. 371, 377 n.1 (2010).  The reasoning is that there is no such thing as a motion for reconsideration of a judgment; the only available relief is a motion to alter or amend the judgment under Fed. R. Civ. P. 59, or a motion for the court to exercise its revisory powers under Fed. R. Civ. P. 60(b).  Only the former may toll an appellate deadline.

The above cited federal cases hold that a motion to alter or amend must be filed within ten days of the judgment.  It is important to note that Fed. R. Civ. P. was amended in 2009 to provide for a deadline of 28 days.  However, most states still treat such a motion as a "ten-day" motion, meaning it must be filed within ten days of the underlying judgment.  It is, therefore, imperative to consult with the local rules of the pertinent jurisdiction to confirm the deadline for a motion to alter or amend a judgment.

About the Author: Jason Ostendorf is a Lawyer for Appeals in the Fourth Circuit and Maryland.