The Question:
I received a judgment in December last year. I filed a Rule 83 Motion to Alter or Amend, which was denied and entered by the clerk in January this year. When is the deadline to file a Notice of Appeal? Can I file a Rule 84 or Rule 85 motion, and would either affect the appeal deadline?
RJ Says:
You must file your Notice of Appeal on or before the 30th day after entry of the ruling denying your Rule 83 motion. You cannot be even one day late.
Although I do not know the full details of your case, and although there are exceptions depending on the circumstances, I expect that your only viable option at this point is filing a timely Notice of Appeal.
Filing a Rule 84 motion will not extend the deadline to appeal. Filing a Rule 85 motion also will not extend the deadline to appeal the ruling that denied your Rule 83 motion. The appeal clock continues to run.
There are limited exceptions to these rules, and the specifics matter. I would need more information to give you precise advice tailored to your situation.
This is an important matter, and you should not go through it alone. Speaking with an experienced Phoenix divorce attorney can help you understand the procedural issues and protect your rights. One of our attorneys can walk you through the process during a free 30-minute consultation.
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