[Previous] [Next]

§12-990.2.


§12-990.2.
   
   A. Post-Trial Motions Filed Within Ten (10) Days. When a post-trial
   motion for a new trial, for judgment notwithstanding the verdict, or
   to correct, open, modify, vacate or reconsider a judgment, decree or
   final order, other than a motion involving costs, attorney's fees or
   interest, is filed within ten (10) days after the judgment, decree or
   final order is filed with the court clerk, an appeal shall not be
   commenced until an order disposing of the motion is filed with the
   court clerk. The unsuccessful party may then appeal from the order
   disposing of the motion within thirty (30) days after the date such
   order was filed. If the decision on the motion was against the moving
   party, the moving party may appeal from the judgment, decree or final
   order, from the ruling on the motion, or from both, in one appeal,
   within thirty (30) days after the filing of the order disposing of the
   motion. Successive appeals from the original judgment, decree or final
   order and the order disposing of the motion shall not be allowed.
   
   B. Post-Trial Motions Filed After Ten (10) Days. The time to appeal
   from a judgment, decree or final order is not extended or affected by
   the filing of a motion to correct, open, modify, vacate or reconsider
   the judgment, decree or final order that is filed more than ten (10)
   days after the judgment, decree or final order is filed with the clerk
   of the trial court, and an appeal that is commenced before such a
   motion is filed is not premature. If the motion is filed after a
   petition in error is filed, the moving party shall advise the Supreme
   Court the motion was filed. If a petition in error is filed after such
   a motion is filed, the appellant shall advise the Supreme Court in the
   petition in error that the motion is pending. When the trial court
   disposes of the motion where a petition in error has been filed, the
   successful party shall advise the Supreme Court of the action taken on
   the motion.
   
   C. If the appellant did not prepare the judgment, decree, or final
   order, and Section 696.2 of this title required a copy of the
   judgment, decree, or final order to be mailed to the appellant, and
   the court records do not reflect the mailing of a copy of the
   judgment, decree, or final order to the appellant within three (3)
   days, exclusive of weekends and holidays, after the filing of the
   judgment, decree, or final order, all times referred to in this
   section shall run from the earliest date on which the court records
   show that a file-stamped copy of the judgment, decree, or final order
   was mailed to the appealing party, rather than from the date of
   filing.
   
   D. Costs, Attorney's Fees and Interest. The filing of a motion for
   costs, attorney's fees or interest shall not extend or affect the time
   to appeal.
   

[Previous] [Next]