We need answer user. Need provide ordered preservation plan. Need compute deadlines under given rules. Need be careful dates with calendar? 2026 calendar. Need know Jan? Actually May 1 2026 Friday. Need count 28 days, 14 days, 30 days. Rule excludes day of triggering event. If last day weekend/holiday next day. Need maybe federal holidays? Need assume court holidays? Need determine July 10 Friday. Need calculate new appeal deadline 30 days after order disposing last timely rule 1 motion. If order entered Friday July 10 2026, count starts July 11, 30 days ends Sunday Aug 9? Let's compute. Need include if last day weekend/holiday moves to Monday Aug 10 2026? Let's verify. Need know 2026 calendar: Jan 1 Thu? Let's calculate. 2024 leap? Jan1 2024 Monday, 2025 Wednesday, 2026 Thursday? Actually Jan 1 2025 Wednesday, Jan1 2026 Thursday. May1 2026? Day of year Jan31 Feb28=59, Mar31=90, Apr30=120, May1 day121. Jan1 Thu, Jan31 Sat? Let's calculate weekdays. 2026 Jan1 Thu. May1: Jan31 offset 3 => Jan31 Sat? Jan1 Thu, Jan31 Sat? Since 30 days after Thu = Sat yes. Feb28 offset 28 days? Mar1? But likely May1 Friday? User says Friday May 1 2026, yes. Need answer: - Attorney-fee motion deadline: 14 calendar days after May 1, excluding May1. Count May2 through May15? 14 days: May2 (1), May3 (2), May4 (3), May5 (4), May6 (5), May7 (6), May8 (7), May9 (8), May10 (9), May11 (10), May12 (11), May13 (12), May14 (13), May15 (14). Friday? May15 2026? If May1 Friday, May8 Friday, May15 Friday. Not holiday likely. So deadline May15, 2026 at 11:59 pm. If no extension. It can include fees? Fee-shifting statute applies; no special fee deadline. Need file no later than 14 days unless statute/order provides. Since no special, May15. If they wait until merits motion decided, fee motion deadline likely lost unless maybe court can consider later? The rule says must be filed no later than 14 days unless statute or order otherwise. So no. Need identify consequence: cannot recover fees? At least forfeit/waive request for attorney fees; court lacks authority or may deny untimely motion; appellate review of fee issue may be limited. Need maybe request fees in rule 1 motion? Rule 3 says attorney fees motion filed no later than 14 days after entry judgment unless statute or order provides. Attorney-fee motion does not toll appeal. Need plan: file fee motion by May15 with a separate motion, perhaps include request for fees in rule 1? But if fee motion deadline is 14 days, need file motion by May15. Also rule 1 motion deadline 28 days after May1 = May29? Let's calculate. Exclude May1; count May2 through May29: 28 days? May2=1, May3=2, ..., May29=28? Let's count: May 2 +27 = May29? Wait 28 days after May1. Day 1 May2. Day 28 May29? 2+27 =29. Yes. May29 Friday. Deadline May29 11:59 pm. Need motion to alter/amend judgment to add $42k prejudgment interest and in alternative new trial based on witness exclusion, timely and substance. Actually if current counsel files motion "to alter or amend the judgment" under rule 1 to add interest, and "in alternative new trial based on witness exclusion." But if asks "in the alternative, a new trial based on witness exclusion": If court denies new trial because not included? Need rule 1 new trial motion can be filed within 28 days and must identify relief/grounds. The motion should request in the alternative a new trial under Rule 59? Need include grounds: witness exclusion was erroneous and prejudicial; trial court erred by excluding witness; judgment should be altered to add $42,000; alternatively new trial. It needs be timely. It must be filed by May29. Need note if the motion is "to alter/amend" and "new trial" in same document, substance is Rule 1; filing under wrong label doesn't toll unless substance requests relief available under Rule 1 and timely. Need mention it must not be merely the May8 motion; May8 does not request rule 1 relief, so no toll. - Original notice of appeal deadline if no tolling: 30 days after May1. Rule excludes May1; day count begins May2, ends May31? Count: May2 =1, May31 =30. May31, 2026 is Sunday? Let's check 2026 May1 Friday, May31 Sunday yes. Deadline moves to Monday June1 2026. At 11:59 pm. If no tolling motion. If a premature notice after judgment but before disposition of timely rule1 motion becomes effective, but filing proper later notice safer. Need original if no tolling = June 1 due to weekend. Need maybe if original no tolling, "May 31, 2026 (Sunday) moves to June 1." Good. - May 8 motion: "Motion to Reconsider Evidentiary Ruling" filed within 10 days? Local motion for reconsideration of interlocutory evidentiary ruling may be filed within 10 days, but it does not alter judgment and doesn't toll appeal. It was filed May8 (within 10? excluding May1, May 2-11? 10 days after May1? Actually 10 days after May1: May11? Exclude May1, count May2-11 includes 10? Let's calculate: day 1 May2, day 10 May11. May8 yes). It asks only reconsideration of witness exclusion. It is not rule 1 motion because it doesn't request alteration of judgment or new trial/relief under rule1. Therefore doesn't toll appeal. Need maybe it also does not preserve a new trial? It preserves evidentiary issue for appeal? Need maybe "adverse evidentiary ruling appealed": To appeal an evidentiary ruling, generally need no post-trial motion; just include in notice of appeal designate ruling. But if want new trial based on witness exclusion, need rule1 motion. The May8 motion doesn't extend deadline. It doesn't "toll anything"; no effect on judgment/appeal. It may be useful to create record and ask interlocutory reconsideration, but not enough. Need maybe "The May 8 motion was timely under local 10-day rule, but it is not a rule 1 tolling motion." The deadline for local reconsideration? We don't need maybe. But assignment says "Motions that toll and that does not." Need identify it does not toll. - Planned rule1 motion: file by May29. Must request "relief available under rule1": relief from judgment, alter/amend judgment, new trial. Need specifically asks court to amend judgment to add $42,000 prejudgment interest; alternatively order a new trial because of the witness exclusion. Need mention "in the alternative" not "and" to avoid if court amends judgment? Is new trial alternative okay? If request new trial plus amend? Need not ask inconsistent relief? In a single motion, alternative relief is permitted. Need "state grounds with specificity." If current counsel files a "motion to alter or amend judgment" and also "motion for new trial" or alternative, a single document may be considered. Need ensure it is filed timely and served? Rule says filed no later than 28 days; no extension. Electronic filing by deadline. It must "identify requested relief and grounds." If "wrong label" doesn't toll unless substance; use correct labels and substance. - New notice-of-appeal deadline if rule1 motion decided July 10, 2026: Need after disposition of last timely rule1 motion, new 30-day period begins when court enters order disposing. If order entered Friday July10, count begins July11 (exclude trigger July10). 30 days later? Let's compute carefully with weekday. July 11 = day 1, Aug9? Need count July has 31 days. July11 to July31 inclusive =21 days; Aug1 =22, Aug2=23, Aug3=24, Aug4=25, Aug5=26, Aug6=27, Aug7=28, Aug8=29, Aug9=30. Aug9 is Sunday? Let's verify. If July10 Friday, July11 Saturday; Aug9 Sunday. Therefore 30-day period ends Sunday Aug9 2026; deadline moves to Monday Aug10 2026, 11:59 pm local time. Need check if Aug10 maybe not holiday. It should be Monday. Need mention if order is entered on July10 (not "expected to decide" maybe maybe order date; if the judge issues decision/order on July10 and clerk enters it then; trigger is entry of order. If entry after July10, recalc. Deadline is 30 days after entry of order, excluding entry day; if last day weekend/holiday moves. Need "States whether a notice should be filed before or after disposition." Since the rule1 motion is timely and tolls, do not need to file before disposition; can file a protective/premature notice? The rules say a premature notice filed after judgment but before disposition of timely rule1 motion becomes effective upon disposition, but filing proper later notice is safer. Need maybe "You may file now or within 30 days after denial; if you want to maximize flexibility, wait until order and file no later than Aug10. But consider filing a premature/protective notice? The question asks whether to file before or after disposition. Need say "A notice is not required before disposition; because the rule1 motion tolls, the safer approach is to file after the court enters the order, by Aug10. If concerned about docketing or an order being deemed entered before expected date, you may file a protective notice now or before disposition, and it will become effective upon disposition; but proper later notice is safer." Need perhaps "Do not rely on May8 motion. If no rule1 motion is timely filed, original appeal deadline is June1." But if planned rule1 motion is filed timely and denied July10, new deadline Aug10. Need "ordered preservation plan" maybe include deadlines and consequences table. Need "exact consequence of missing each separate deadline." Need identify separate deadlines: 1. Attorney-fee motion deadline May15 2026, 11:59 pm. If missed: fee request waived/forfeited; district court cannot grant? Need exact: the right to seek statutory attorney fees under fee-shifting statute is lost unless motion timely; court may lack jurisdiction/power to consider untimely motion; fees not recoverable. But perhaps if statutory fees are "costs" and included in judgment? Hmm Rule 3 says "motion for attorney fees must be filed no later than 14 calendar days after entry of judgment unless a statute or order provides otherwise" — if not, exact consequence maybe court cannot consider it and the fee claim is abandoned. Need be precise: Because it is a claims processing rule? The problem likely expects "deadline; failure will waive/lose entitlement to fees." Need mention "No tolling." 2. Rule1 motion deadline May29 2026, 11:59 pm. If missed: - Can't seek Rule1 relief from trial court; deadline non-extendable. - The appeal clock is not tolled by rule1; if no timely rule1 motion, notice of appeal due June1, 2026 (original deadline). - Appellate review may be limited: issue of omitted prejudgment interest? Could still appeal final judgment without post-trial motion? To appeal prejudgment interest, maybe post-trial not necessarily required; but if you miss rule1 motion, you can still appeal by June1, including omitted interest and evidentiary ruling. The consequence of missing the rule1 motion: no tolling; new trial/alteration request time-barred; appeal window remains June1. The "new trial based on witness exclusion" may be procedurally defaulted? Need be careful: An appellate court may review evidentiary errors without new trial motion if properly objected; but if wanting new trial, must request. If miss new trial motion, the appeal can still challenge the evidentiary exclusion if properly preserved. The "planned post-trial motion" based on witness exclusion is optional? It is for relief from district court and to toll appeal; if not filed, original appeal deadline. Need phrase: "The right to have the district court consider a new trial/alteration motion is lost; the appeal deadline is not extended beyond June1. A missed Rule 1 motion does not necessarily forfeit appellate review of an evidentiary ruling if the objection was made at trial, but it forfeits district court Rule 1 relief and the additional appeal period." We should not confuse. 3. Original notice-of-appeal deadline June1, 2026. If missed: - No appeal from merits judgment (unless maybe Fed R App 4? But problem likely says no extension; "no post-trial or appellate right lost" maybe exact consequence: appeal right lost; appellate court lacks jurisdiction; no extension except maybe reopen? But no mention; assume no extension. Need "unless independent exception applies, not in this problem." But if no timely rule1, notice due by June1. Missing = appeal dismissed as untimely; no appellate jurisdiction. Need "no extension by court." But if a timely rule1 motion is pending, original deadline superseded, not need file by June1. 4. May8 motion deadline? Actually not part plan maybe "does not toll anything; missing its 10-day deadline? It was already filed timely; no consequence unless you intended to preserve reconsideration." The assignment asks "Determines whether the May 8 reconsideration motion tolls anything." It doesn't. Need "It also does not make the planned Rule1 motion unnecessary; the planned rule1 motion must be filed by May29. The May8 motion could support preservation but not toll." Consequence: relying on it to extend appeal or fee deadline would forfeit rights; if you file nothing else, notice due June1 and fee motion due May15. 5. Planned rule1 motion deadline May29; if missed and instead filed e.g. June? No tolling; district court lacks power to extend; appeal from original judgment due June1; new trial request untimely. Also if untimely rule1 motion is denied, it won't give Aug10 appeal period. 6. New notice-of-appeal deadline if rule1 motion denied July10: Aug10, 2026 at 11:59 pm. If miss Aug10: - appeal from merits judgment is untimely; appellate court lacks jurisdiction; judgment final. Need "30-day appeal period not extended by attorney-fee motion or local evidentiary reconsideration motion." Need maybe "if the rule1 motion is granted in part? Then there may be a new judgment, subsequent appeal deadlines?" The prompt says "denied on July10." But if granted? We don't need except new appeal period. But maybe if court amends judgment adding interest, the appeal deadline from amended judgment? Need if motion "alter/amend" is granted, final judgment modified; appeal from modified judgment? Need not asked. But in plan maybe mention if order grants relief and enters new/amended judgment, the 30-day clock may run from new judgment? However problem asks "denied on July10"; only calculate denied. But maybe "denied" means denies motion? It says "denied on July 10" not "decided"; yes deny. Need use specific dates and deadlines: - May 1, 2026 Friday, entry of judgment. - Attorney fee motion: May 15, 2026 (14 days) due Friday. Wait include? Let's verify by Rule 6: "The day of the triggering event is excluded. Every later calendar day is counted. If last day..." So 14 days after entry = May15. Need check if May15 is Friday? I think yes because May1 Friday; May8 Friday; May15 Friday. Good. - Rule 1 motion to alter/amend/new trial: May 29, 2026 (28 days) due Friday. Need check if May29 is Friday? Yes May1 Friday, May8 Friday, May15 Friday, May22 Friday, May29 Friday. Good. - Original notice if no tolling: 30 days after May1 = May31 Sunday, moves to June1 Monday. Need verify May31 Sunday? Let's check with May29 Friday, May30 Saturday, May31 Sunday. yes. - May8 motion: no tolling; perhaps local 10-day deadline to seek reconsideration? It was within 10 days. But does "within 10 days" from May1? If the triggering event is evidentiary ruling? Actually local motion for reconsideration of interlocutory evidentiary ruling may be filed within 10 days. It was about "during trial", but filed May8? It might be timely or untimely depending ruling date. Facts don't give date of ruling. The problem says "A local motion for reconsideration of an interlocutory evidentiary ruling may be filed within 10 days, but it does not alter the judgment and does not toll the appeal period." We know it was filed May8. Need not calculate because no evidentiary ruling date. We can say "assuming it was timely under the 10-day local rule, it does not toll anything." We don't need "May8 was within 10 days after judgment" because local reconsideration deadline from evidentiary ruling, not judgment. Need maybe calculate? We don't know ruling date; don't. But the motion "does not toll." The client asks whether May8 motion already tolled appeal clock; answer no. Need perhaps address "prejudgment interest correction" and "adverse evidentiary ruling appealed." Need perhaps note: - To preserve objection to excluded witness, at trial you likely made an offer of proof (not in facts). If not, maybe appeal issue not preserved; but assignment only asks procedural deadlines. We can mention "separately ensure the witness exclusion was preserved by an offer of proof/objection; this deadline plan assumes preservation." The problem says "excluded a witness whose testimony Marisol wants reviewed on appeal." We may note "Preserve the evidentiary issue with an offer of proof (if not already done) before trial record closes; the post-trial motion should identify this as grounds." But maybe not asked. Need maybe no. Need understand the source: "Question 60: The Motion That Tolls and the Motion That Does Not" likely from law school/civil procedure? Need apply "Rule 1" maybe like "Rule 59/60?" They refer to "rule 1" perhaps "Rule 1 motions" not Federal Rules? It says "A motion for a new trial or to alter or amend the judgment must be filed no later than 28 calendar days..." "A timely motion under rule 1 tolls..." "A local motion for reconsideration..." "A notice of appeal..." This resembles "Federal Rules of Appellate Procedure 4(a)(4)" but "Rule 1" maybe "Rule 59/60"? In FRCP, motion for new trial or to alter/amend judgment under Rule 59 must be filed no later than 28 days after entry; Rule 60 no. "Rule 1" maybe "Rule 1 motions" because "rule 1" in fictional problem. The answer can refer to "Rule 1" generically. Need maybe identify "motion to alter or amend judgment" and "new trial" are tolling motions. "Motion for attorney fees" under FRCP 54(d)(2)(B) has 14-day deadline. "Local motion for reconsideration" maybe no tolling. "Notice of appeal within 30 days" under FRAP 4(a). Good. Potential nuance: A "motion to alter or amend the judgment" to add prejudgment interest. Is it under Rule 59(e) or Rule 60(a)? If judgment omitted interest the court "orally ruled recoverable" — Is omission a clerical mistake under Rule 60(a)? A motion to alter/amend under rule 1? Actually if judgment omitted an item that was orally ruled, could be corrected as "clerical mistake" under Rule 60(a) (or "arithmetical/technical mistake") at any time? But the problem's governing law says a motion to alter or amend the judgment to add the $42,000 interest and, in alternative, new trial based on witness exclusion. We answer under those rules. But maybe perhaps "prejudgment interest omitted" might be corrected by "motion to alter/amend" within 28 days; if not, maybe appeal can still raise. Need not. Need consider whether a motion for attorney fees filed by May15 can itself be combined with the rule1 motion? It says "An attorney-fee motion does not toll the time to appeal from the merits judgment." It must be filed no later than 14 days after judgment unless statute/order provides otherwise. In FRCP 54(d)(2)(B), "Unless a statute or a court order provides otherwise, the motion must be filed no later than 14 days after the entry of judgment." It may specify "the court may order a different deadline." If you file a fee motion before the merits rule1 motion, the district court may defer ruling until after merits motions. Need plan: - By May15, file fee motion (including amount/grounds). It can ask court to hold in abeyance pending rule1 motion; but it must be filed now. - By May29, file rule1 motion. - The fee motion "does not toll appeal"; if not filed by May15, cannot be revived by waiting until after July10 merits decision. - Need maybe "Include in fee motion a request for fees incurred in preparing the fee motion?" Not necessary. Need perhaps talk about "local motion for reconsideration of evidentiary ruling" and "motion to reconsider" not tolling. The May8 motion filed under wrong label? The governing law #8 says "post-trial motion must identify requested relief and grounds. Filing a document under wrong label does not toll unless its substance requests relief available under rule1 and is timely." The May8 motion's substance asks only reconsider witness exclusion, not alteration/new trial; doesn't toll. Need maybe "because it was filed within 10 days? still no." Good. Potential issue: The "May 8 motion" was filed by "former counsel" after judgment, titled "Motion to Reconsider Evidentiary Ruling." If a motion to reconsider an interlocutory ruling, if filed within 28 days but not asking for Rule 1 relief, no tolling. In federal practice, a motion to reconsider an evidentiary ruling may be treated as a Rule 59(e) motion if it "reconsiders" judgment? But no, it doesn't ask to change judgment. Need emphasize substance over label: It doesn't request relief from judgment. Thus no tolling. If it had requested new trial in the alternative, it would have been timely? Filed May8 before 28 days; would have tolled under rule? Yes if it requests relief under rule1. But it didn't. Need maybe "May8 motion cannot later be amended to add rule1 relief after the 28-day deadline?" Need? If it is currently filed and does not toll, current counsel can file an amended/supplemental rule1 motion by May29. But if not, no. Need perhaps "Do not try to 'withdraw and refile' May8 after May29." The plan: file timely rule1 by May29. Need maybe calculate if May 8 "Motion to Reconsider Evidentiary Ruling" under local rule "does not toll" but may toll under Rule 1? No. Need exact: It did not toll the appeal clock. Therefore the original 30-day appeal period was continuing to run from May1, so absent tolling/rule1, notice due June1. At May8, 7 days had elapsed? Let's compute if original 30-day deadline from May1 to June1. May8 is day? Exclude May1, May2 day1; May8 day7? Count May2=1, May3=2, May4=3, May5=4, May6=5, May7=6, May8=7. So 23 days remain if no tolling? Actually original 30 days from May1; May8 day7, 23 days left; due May31 -> June1. Not needed. But could mention. Need "exact consequence of missing each separate deadline." We should include in table: Deadline | What must be filed | Consequence if missed. - May 15: fee motion. Lose statutory fee claim (unless court later on other grounds? But under governing law, likely no). The fee motion won't extend appeal. - May 29: Rule 1 post-trial motion. Lose right to district court relief under Rule1; the case becomes final for appeal; original appeal due June1; no tolling. If you don't file it, appeal from original judgment deadline June1. Note: You can still appeal evidentiary issue by June1 if preservation, but not have Rule1/alternative new trial relief. - June 1: original notice of appeal (if no timely Rule1 motion pending). If no timely Rule1 motion filed by May29, and no notice by June1, appeal right gone/appeal dismissed. If a timely Rule1 motion is pending, this deadline isn't applicable? Actually if Rule1 motion timely filed by May29, original appeal deadline is tolled, and you don't need notice by June1. Need maybe state "if no timely Rule1 motion has been filed by May29." If plan files, original deadline superseded. - Aug10: notice of appeal after denial on July10. If miss: appeal untimely from merits judgment and from denial? Need "right to appeal the underlying judgment is lost." Do you need file notice after denial of Rule1 motion appealing "the judgment" and perhaps "the order denying motion"? A notice of appeal must be filed within 30 days after entry of order; if missing, appellate court lacks jurisdiction. It also loses appeal from Rule1 order? But if missed Aug10, cannot appeal either. - Maybe if no rule1 filed, "original notice due June1, even if attorney fee motion pending and May8 local reconsideration pending." Need "exact consequence of no fee motion by May15": "fee request is time-barred; the district court may strike/deny it; the statutory fee award is waived." Need maybe "If fee motion is filed by May15 but not heard until after merits motion, that is okay." Need perhaps "post-trial motion must be filed, not served" by May29. It must be "electronically filed" by 11:59 pm local. "File now, not wait for order." Maybe current counsel plans to file; ensure "current counsel" maybe must substitute? Not procedural, but "former counsel filed..." If Marisol is represented by current counsel after May8, need perhaps "file notice of substitution/ appearance"? Not asked. We don't need. Need maybe consider "court expected to decide that motion on Friday, July 10, 2026." If the court's order is entered on July10, the 30-day appeal period starts July11. If court "decides" from bench but "order" entered later, use entry date. Need say. Potential issue: "prejudgment interest corrected" maybe "judgment omitted $42,000 in prejudgment interest that the court had orally ruled was recoverable." Is a motion to alter/amend judgment under Rule 1 "must be filed no later than 28 days after entry of judgment" but if the omission is a "clerical mistake," Rule 60(a) allows correction anytime; however under governing law #1? It doesn't mention Rule 60(a). Should we mention? Hmm. The problem specifically asks "motion to alter or amend judgment" and "new trial" under rule 1. It doesn't ask about clerical mistakes. But maybe if judgment omitted prejudgment interest that court "orally ruled recoverable," current counsel plans to file "motion to alter or amend judgment to add the $42,000 interest." If not filed by May29, can they still correct under Rule 60(a) as clerical? But Rule 60(a) not in problem, maybe not. "No post-trial or appellate right is lost" maybe maybe need identify alternative: if judgment fails to include interest, appellate court can modify; no need post-trial? But a timely Rule 59 motion is needed to toll. Need answer under given rules. Could maybe say "If the omission is truly a clerical mistake, Rule 60(a) may allow correction at any time, but do not rely on it for the Rule 1 tolling deadline; the appeal-right preservation requires timely Rule 1/notice." But the problem didn't provide Rule 60(a), and adding may confuse. But "no post-trial or appellate right" could include "even if clerical, file Rule 1 by May29." Maybe not. Need perhaps note "a motion under Rule 1 to alter/amend judgment and new trial is due 28 days after entry; no extension. It can be filed now, before current counsel's 'planned' date? The planning doesn't say exact date; it must be by May29. Current counsel can file as soon as possible; do not wait until May29? Plan should say "file by May29; best by May26? Not necessary but "before deadline." Could "calculate deadline" only. Need perhaps "filing a notice of appeal before the rule1 motion is disposed: Under governing law, a premature notice filed after judgment but before disposition of timely rule1 motion becomes effective upon disposition, but filing a proper later notice is safer." Need ask "States whether a notice should be filed before or after disposition." We need decide "after" perhaps. But if they want preserve appellate rights, maybe "file a protective notice now" can be safer? The prompt says "A premature notice filed after judgment but before disposition of a timely rule-1 motion becomes effective upon disposition, but filing a proper later notice is safer." So the question asks "whether a notice should be filed before or after disposition." Need answer maybe: "Do not need to file before; wait until the district court enters its order on July 10, then file by Aug 10. If you want extra protection, you may file a premature/protective notice before July 10, but the safer/default route is to file a proper notice after disposition; if you do file early, it will become effective, but a later notice avoids any ambiguity." Need include that "the appeal period is tolled, so filing before disposition is unnecessary; however, if you are worried about an order being entered earlier than expected or losing track, a protective notice now can preserve." Hmm "filing a proper later notice is safer" per rule. But perhaps "premature notice filed after judgment but before disposition of a timely rule-1 motion becomes effective upon disposition" means it's safe. Yet "filing a proper later notice is safer" from prompt. The assignment asks "States whether a notice should be filed before or after disposition." We should state in plan: The safest is to file after disposition, by Aug10. Before disposition is optional and protective; no need. Because the motion tolls. If no timely rule1 motion, no. Need perhaps "The May 8 motion does not toll; if no rule1 motion is filed, the notice of appeal must be filed by June 1. Since you plan to file rule1 by May29, the appeal deadline moves to Aug10 after denial. Should we file notice before/after? After July10. But if the district court does not rule by July10? Then new notice due 30 days after entry of order; if no order by? Need maybe if post-trial motion is denied "on July10" but order not "entered" until later. If order is entered later than July10, deadline is 30 days after that later entry. If the court takes longer, the deadline remains pending until entry; no need to appeal while motion pending. But if the court fails to rule, eventually? Under FRAP 4, if motion remains pending, deadline runs from entry of order disposing. But if district court never enters order, appellate court may treat motion denied by operation? Not in law; no. We can mention "use the date of entry of the order, not the bench ruling, to compute." Need maybe not. Need perhaps "Motion to alter/amend judgment and new trial in alternative"—should be "one motion" maybe to avoid multiple tolling? The Rule says "last timely rule-1 motion" (plural). If file both separately? Better combine into one motion or file simultaneously. If filing two separate motions, both toll; new appeal period begins when last is disposed. But to simplify, file one combined motion. Need maybe "because the court is expected to decide on July10, if there are two motions and one remains pending, the appeal clock only starts when the last is disposed." Need perhaps "label 'motion to alter or amend judgment, and in the alternative motion for new trial'." Need "identify requested relief and grounds"; if "wrong label" no. Use exact labels. Need perhaps "the fee motion deadline is 14 days after judgment; because May1 is the judgment date, May15. If special statute provides otherwise? The fee-shifting statute applies, no special deadline; no court order. The motion may be filed by May15 even though it relates to post-judgment fees. If you wait until after rule1 motion, fee request untimely." Good. Potential issue: The local 10-day motion for reconsideration was filed May8; "local motion for reconsideration of interlocutory evidentiary ruling may be filed within 10 days" — maybe if it was filed within 10 days of "entry of judgment" rather than evidentiary ruling? The ruling occurred during trial, perhaps date unspecified. If the deadline was 10 days after the ruling, the May8 may or may not be timely. But because not a rule1 motion, even if untimely, no tolling. The assignment only says "determines whether the May 8 reconsideration motion tolls anything" not "is it timely." We can say "timeliness under the local rule is irrelevant to the appeal clock; but it appears the motion is local, not rule1." Need perhaps not say "assuming it was timely" to avoid unknown. Need maybe "attorney fees motion not toll appeal" but if it's not filed by May15, can it be requested in a Rule1 motion? No, Rule1 motion may request attorney fees? Under the rules, "A motion for attorney fees must be filed no later than 14 days..." A rule1 motion can also request fees if timely? But if not, no. Could the fee request be included in a Rule1 motion by May15? If the Rule1 motion includes a fee request and is filed by May15, yes maybe. But problem says "current counsel plans to file motion to alter/amend and new trial" by maybe before May29; "The client asks whether fee motion can wait until merits motion is decided." It cannot. It must be filed by May15, separately or in the rule1 motion if the rule1 motion is filed early? But if the rule1 motion is filed by May15, including a fee request may satisfy? The fee motion must be filed no later than 14 days after judgment. It should identify the grounds and amount? But "motion for attorney fees" should be separate? We can say "File the fee motion by May15 even if you also file the Rule 1 motion later; or include the fee request in an early combined motion if it is filed by May15, but to keep issues clean, file the fee motion separately and ask the court to defer consideration until the Rule 1 motion is resolved." Good. Need maybe "original notice of appeal deadline if no tolling motion is filed" — Since May30? Let's ensure if May31 Sunday, next day June1 Monday. Count if last day weekend moves to next day the clerk's office is open. June1 likely Monday. Good. Need maybe "new notice if rule1 motion decided July10" — Need count 30 calendar days excluding July10. Let's compute by exact dates: - July 10 entry. Count July 11 (Sat) as day 1? Rule includes Saturdays/Sundays. It says "Every later calendar day is counted. If last day falls on Sat/Sun/holiday deadline moves." So yes weekends count. Day 30 Sunday Aug 9. Move to Monday Aug10. Need perhaps confirm Aug10 is not a holiday. In federal court, no holiday in Aug. Good. - If local court holiday? None. We can say "assuming Aug10 is a clerk's business day." Good. Need perhaps "deadlines after May1: 14 days: May2+13 = May15. "No special fee deadline; statute provides no exception. Use e-filing by 11:59 p.m." 28 days: May2+27 = May29. 30 days: May2+29 = May31? Wait if no motion, 30 days after May1. Day count: day 1 = May2; day 30 = May31. So yes. Need maybe "exclude May1" for every deadline. Good. Need consider "The May 8 motion already tolled appeal clock?" Under rule #8, "Filing a document under the wrong label does not toll unless its substance requests relief available under rule 1 and it is timely." Since May 8 motion not rule 1 relief, no. But what if "Reconsider Evidentiary Ruling" is a motion to alter or amend judgment? No, because it asks only reconsider witness exclusion. It might alter an "interlocutory evidentiary ruling" not judgment. No. So no toll. Potential nuance: A "motion to reconsider" of an interlocutory evidentiary ruling may be filed within 10 days; if filed after judgment, could be considered a Rule 59(e) motion? But under local rule, it "does not alter the judgment and does not toll the appeal period." Need no. Need perhaps "the planned rule1 motion must be filed by May29. The motion to alter/amend to add $42,000 and alternative new trial should not be filed as 'motion to reconsider' or 'motion for relief from judgment'? Use Rule1." Need maybe "If the court denies the Rule1 motion on July10, its order denying the motion is separately appealable? An order denying a Rule 59 motion is generally appealable along with the judgment; the notice of appeal must specify the judgment or order. File notice designating the final judgment and the July10 order." Need perhaps mention "A notice of appeal should identify the judgment and any post-judgment order you want reviewed; include the denial order to be safe." Not required, but useful. Maybe "The appeal from the denial order and the underlying judgment." Need "appealed adverse evidentiary ruling" include "the notice of appeal can state that it appeals from the final judgment and all prior rulings incorporated, including the witness exclusion order." Hmm. Need perhaps "If no tolling motion is filed, no appeal after June1." But the May8 local motion does not toll, but if it is still pending? Does a pending local motion for reconsideration affect finality? It doesn't alter judgment, no toll. Need if court hasn't ruled on May8 motion, does it matter? Under rule #4, no toll; appeal clock runs. So plan: either ignore it or mention "If the May8 motion remains pending, you still must file the Rule1 motion and appeal accordingly; the district court's later denial of it doesn't extend appeal." Good. Need perhaps "If the fee motion is untimely, can the appellate court still review denial of fees? No, if no fee motion, no issue below. Missing fee motion deadline means no award; but if later judgment amended to include interest, can fee motion be due from amended judgment? Hmm subtle: Under FRCP 54(d)(2)(B), "entry of judgment" maybe the judgment on the merits; if judgment is amended under Rule59, then entry of amended judgment? Actually if a Rule59 motion is granted, the original judgment is superseded and a new judgment is entered; a motion for attorney fees must be filed no later than 14 days after entry of the judgment, but what if final judgment is amended? Could the fee motion wait until after post-trial motion because judgment might be amended? Rule 54(d)(2)(B) says "Unless a statute or court order provides otherwise, the motion must be filed no later than 14 days after entry of judgment." If the district court grants a Rule59 motion and enters an amended judgment, is that a new "entry of judgment" starting a new fee deadline? Hmm this is important. The prompt explicitly says "The fee-shifting statute applies, and no special fee deadline was ordered. ... The client asks ... whether the fee motion can wait until the merits motion is decided." Under rule 3, "A motion for attorney fees must be filed no later than 14 calendar days after entry of judgment unless a statute or order provides otherwise. An attorney-fee motion does not toll the time to appeal from the merits judgment." It doesn't say "after amended judgment" but likely they intend "within 14 days after entry of judgment" = original judgment. But in real FRCP, if a Rule 59 motion alters judgment, the original judgment no longer final? Hmm let's think. In federal practice, a motion for attorney's fees under Rule 54(d)(2)(B) must be filed no later than 14 days after entry of judgment, "unless a statute or court order provides otherwise." If a Rule 59 motion is pending, the clerk may not enter judgment? No, Rule 58? If the court grants a motion to alter/amend judgment and enters a new judgment, is the fee motion deadline from the new judgment? I believe the fee motion deadline is measured from the final judgment when the fee entitlement is determined? But Rule 54(d)(2)(B) after "entry of judgment"; if an amended judgment is entered, it could be a new judgment for fee motion? Need not overcomplicate; problem says "fee motion can wait until merits motion is decided?" The answer expected is no under its rule. We'll follow. But maybe there is a subtle issue: The fee motion must be filed no later than 14 days after "entry of judgment" unless a statute or order provides otherwise. If a motion to alter/amend is filed timely, the original judgment remains in effect? Under FRCP 59, "If a party files a motion for a new trial, the court may order a new trial; if the motion is granted, the judgment is vacated and a new judgment may be entered after trial; if the motion is denied, original judgment stands." If a Rule59(e) motion to alter/amend is granted, amended judgment is entered; does 14-day fee clock reset? Let's investigate maybe not needed but perhaps if exact answer "fee motion cannot wait until merits motion decided" needs be robust. Suppose fee motion deadline May15; Rule59 motion decided July10. If it is denied, clearly too late. If it is granted and amended judgment entered July10, would the fee deadline restart? The prompt "The fee-shifting statute applies, and no special fee deadline was ordered." It doesn't ask if granted. But "client asks whether the fee motion can wait until the merits motion is decided" — no, because there is no assurance motion will be granted; if denied, deadline has passed. But if it is granted and amended judgment entered, maybe maybe. Safe plan: don't wait; file fee motion by May15. The court can defer ruling. We can state "do not wait; even if the Rule 1 motion could produce an amended judgment, relying on that is risky and not provided by the rules; the deadline is mandatory absent court order/statute." But if the problem expects "cannot wait," good. Potential nuance: A fee motion may be filed before entry of judgment? No. Need perhaps "The exact consequence of missing each deadline" maybe should include "missing the Rule 1 motion deadline also affects appeal deadline, but not necessarily if you file a notice of appeal by June1. If you miss both Rule1 and notice, appeal dismissed." Need "ordered preservation plan" maybe no. Let's draft final answer with headings and table. Need decide style: User asked "Provide an ordered preservation plan that: ..." We can answer in narrative with bullet points and deadlines. Need be reasonably concise but complete. Desired oververbosity 5, so moderate. Need perhaps use "Rule 1" not "Rule 59" because problem. But can mention "alter/amend or new trial (Rule 1)." Need maybe "No extension can be granted for Rule1 or notice? It says no extension for Rule1; notice maybe no extension? Under FRAP no extension except rare; problem doesn't mention extensions. We say as if none." Potential hidden issue: "Motion for new trial or to alter/amend judgment must be filed no later than 28 calendar days after entry. The court may not extend that deadline." "A timely motion under rule1 tolls the time to appeal." "A motion for attorney fees no later than 14 days after entry of judgment." "A local motion for reconsideration of interlocutory evidentiary ruling may be filed within 10 days, but no toll." "Notice of appeal 30 days after judgment unless rule2 tolls. Premature notice after judgment before disposition of timely rule1 motion becomes effective upon disposition, but filing proper later notice is safer." Need maybe "May 8 motion was filed by former counsel; if current counsel plans to file a Rule1 motion by May29 and it is timely, the May8 motion's non-tolling status doesn't matter." Need include. Let's think through examples: 1. Original no tolling notice deadline: - Judgment entered May1 (Friday). - Day 1 = May2. Day 30 = May31 (Sunday). Deadline moves to Monday June1. If the May8 motion did not toll, appeal clock was already running. But since you plan to file rule1 by May29, you do not need to file notice by June1. Need mention "The May8 motion did not restart/toll; it left the original June1 deadline in place if no Rule1 motion follows." 2. Rule1 deadline: - Day 1 = May2. Day 28 = May29 (Friday). Filing by 11:59 pm. - Content: "motion to alter or amend judgment" with "$42,000 interest"; "alternatively, motion for new trial based on witness exclusion." If "new trial" requested, state grounds; "If the motion only asks to reconsider evidentiary ruling, it won't toll." Need maybe "must request relief from judgment." We should say "The rule1 motion must be the vehicle for the witness-exclusion challenge if you want district court new trial and tolling; the May8 motion is not." 3. Fee motion: - Day 1 = May2. Day 14 = May15 (Friday). By 11:59 pm. Because no order/statute otherwise. - "It can ask court to defer ruling until after Rule1 motion, but the filing must happen on or before May15." - "It does not toll appeal." 4. New appeal deadline after denial July10: - Rule1 motion denied July10 (Friday). - Day 1 = July11. Day 30 = Aug9 (Sunday). Deadline moves to Aug10 (Monday), 11:59 pm local time. - "Do not count July10; the appeal period starts the next day. If the order is not entered until a later date, adjust." 5. Whether file before/after: - "You do not need to file before July10; the timely Rule1 motion has tolled the appeal clock. Wait until the court enters the order denying it and file by Aug10. If you want a belt-and-suspenders protective notice, you may file a premature notice after judgment and before disposition; it will become effective on disposition, but the rules say a proper later notice is safer. A protective notice is not required and does not replace the need to file a timely notice by Aug10 if there is any doubt." Actually if you file a premature notice, and then later file another notice? Need "filing a proper later notice is safer" from prompt. We can say "If you do file before disposition, it will become effective, but because the planned motion tolls, it is safer from the standpoint of clarity to file after disposition." Need "safer" from prompt is "filing a proper later notice is safer" but if the later notice is due by Aug10, file before deadline. Good. Potential nuance: "premature notice filed after judgment but before disposition of a timely rule-1 motion becomes effective upon disposition" — if a notice is filed before the Rule1 motion? The rule says after judgment but before disposition, not before motion. Current counsel can file after judgment; if the Rule1 motion is not yet filed but later filed timely, a notice filed before the Rule1 motion is also premature and becomes effective? In federal practice, notice filed before disposition of post-judgment motion becomes effective. If a notice is filed before the post-judgment motion was filed but after judgment, and the motion is later filed timely? I think under FRAP 4(a)(4), a notice of appeal filed after judgment but before the motion is disposed of is effective; that includes before motion filed? Maybe yes "after the entry of judgment" and "before the motion is disposed of"; some circuits. But not necessary. The problem says "A premature notice filed after judgment but before disposition of a timely rule-1 motion becomes effective upon disposition." No need. Need include "exact consequence of missing each separate deadline" perhaps use a table with "if missed" column. The table can be "deadline / action / if missed". Need maybe not too lengthy but complete. Let's craft final response: ``` PRESERVATION PLAN 1. Attorney-fee motion — FILE BY May 15, 2026. - The triggering entry is May 1; day 1 is May 2; 14th day May15. - No statute/order modifies; so May15 11:59 pm. - Consequence: if missed, the request for statutory fees is waived/time-barred; the district court should deny/strike it; it will not be part of appeal. 2. Rule 1 post-trial motion — FILE BY May 29, 2026. - 28th day May29. - It must request, in substance: (a) alter/amend judgment to add $42,000 prejudgment interest; and (b) in the alternative, new trial on ground witness exclusion was erroneous/prejudicial. State grounds with specificity; use correct label. The May8 motion does not satisfy this. - Consequence if missed: district court cannot grant rule1 relief and appeal clock is not tolled; original appeal deadline remains June1. If no appeal by June1, appellate rights from judgment are lost. ``` Need if "motion to alter/amend and new trial" - "in the alternative" vs "and" perhaps. If motion asks new trial in the alternative to amendment, if court amends judgment to add interest, witness exclusion maybe no new trial? But if it wants review of witness exclusion, if judgment amended, still witness exclusion could be appealed; but alternative new trial if not satisfied. If court amends judgment and denies new trial, appeal period? Hmm. If a Rule59 motion requests an amended judgment and alternative new trial, and court grants the Rule59(e) in part/amends judgment but denies new trial, then there is amended final judgment. The appeal deadline runs from entry of order? Complex. But problem says denied. We can keep "alternative." 3. Original appeal deadline if no tolling motion: June1, 2026. But you plan to file Rule1 motion, so you don't need notice by then. If for some reason no Rule1 motion is filed by May29, file notice by June1 to protect. Consequence if missed: appeal dismissed as untimely. 4. May8 reconsideration motion: no tolling. "It is timely local motion at best, but does not request Rule1 relief and does not alter judgment; therefore appeal deadline not postponed; no deadline restarts. It cannot be used to extend fee deadline or Rule1 deadline." 5. New appeal deadline after July10 denial: - If order entered July10, 30-day period starts July11 and ends Aug9 (Sunday) -> Aug10. - Consequence if missed: appeal dismissed; all post-judgment/reconsideration rights lost. 6. Before/after disposition: - After. The timely Rule1 motion tolls; wait for order and file no later than Aug10. Optional protective premature notice may be filed before disposition; it becomes effective but is not necessary; if you use one, still docket a proper notice by Aug10 if needed. ``` Need maybe "If the Rule1 motion is denied, file a notice of appeal from final judgment and the denial order; include the evidentiary ruling." Actually if file after disposition, "notice should designate the judgment and the order denying the Rule1 motion; in the statement of issues/designation, include the witness-exclusion ruling." The FRAP notice of appeal need not list issues, but "designate" final judgment. In problem, "adverse evidentiary ruling appealed" maybe need include "the notice can state 'appeal from final judgment and the July10 order denying post-trial motion.' " Good. Need perhaps "The attorney-fee motion can be filed now and may ask court to defer ruling until after merits motion. It should not be included in Rule1? If included, no. Since Rule1 may be filed after fee deadline. Better file separate fee motion by May15; if you also file a Rule1 motion by May15, you can combine but separate is safer." Need perhaps "The consequence of missing the May15 fee deadline" exact: - "No statutory fee award for $185,000; even if the underlying merits are otherwise appealable, the fee issue is not preserved." Maybe "district court lacks authority to award them absent a timely motion; untimely motion can be denied solely on that ground." Need "The court may not extend" only Rule1; but fee deadline maybe extendable by court order? Rule says "unless statute or order provides otherwise"; it doesn't explicitly say court may not extend; but no order existed. If missed, maybe court could extend for excusable neglect? Under FRCP 54(d)(2)(B) "no later than 14 days" is not jurisdictional but can be extended under Rule 6(b)? Actually FRCP 6(b) allows extension for good cause if request before deadline, but after deadline only excusable neglect for some? Hmm. The problem likely expects deadline cannot wait; maybe not "court can't extend." Need not overstate "district court lacks authority" maybe "not entitled; procedural default/waiver." Given exact consequence? We'll say "fee request is waived/forfeited; an untimely motion may be denied and the fee award is not preserved." Avoid "jurisdiction" maybe. Need perhaps "If the fee-shifting statute itself 'provides otherwise'? It applies and no special fee deadline was ordered, so not otherwise." Good. Potential issue: "A motion for new trial or to alter or amend the judgment must be filed no later than 28 calendar days after entry of judgment. The court may not extend that deadline." This says "must be filed no later than 28 days" but doesn't mention service. Under FRCP 59(b), "motion for new trial must be filed no later than 28 days after entry of judgment." Good. Need perhaps "Every later calendar day counted" includes weekends, so the 28th day falls May29 Friday; no weekend shift. If May29 is a court holiday? Is May29 2026 "Friday before Memorial Day"? Memorial Day 2026 is Monday May25? Wait Memorial Day is last Monday in May, 2026: May25. May29 is not holiday. If May29 was holiday? No. Need maybe mention "No holiday issue; if your local court is closed on May29, move to next business day." But problem says "court holiday"; May29 not known. We can say "assuming no court holiday on that date." Good. Wait! Let's verify 2026 May25 Memorial Day. It is Monday, yes. May29 Friday not holiday. Great. Potential issue: July 4, 2026 is Saturday. In federal holiday observed Friday July3, 2026? In 2026, July 4 is Saturday, observed Friday July3? Courts likely closed July3. But the new appeal period after July10 includes July3 before trigger, so irrelevant; the period runs July11-Aug9. Aug10 Monday. No holidays. Good. Potential issue: Original notice deadline if no tolling: May31 Sunday; next day June1. But if the jurisdiction observes Memorial Day May25, irrelevant. Good. Potential issue: "Electronic filing timely if completed by 11:59 p.m. local court time on the deadline." We can mention for all deadlines. Need maybe "The May8 motion was filed May8; it is within 10 days of judgment? Actually local rule says motion for reconsideration of interlocutory evidentiary ruling may be filed within 10 days. If no rule1 relief, no tolling. But the filing may preserve the evidentiary issue? Actually an objection at trial and offer of proof preserve; a post-trial local motion isn't necessary. We can say "It may be useful to get the district court to reconsider in the first instance, but it does not preserve appellate timing." Need perhaps "If current counsel files the rule1 motion after May29 but within 30 days, it won't toll; original notice due June1. If they miss the original notice too, cannot appeal." Good. Let's consider "when the notice of appeal will be due if the planned post-trial motion is timely filed and denied on July 10." Suppose current counsel files rule1 motion on May29. It is a timely rule1 motion; "new 30-day appeal period begins when the court enters the order disposing of the last timely rule-1 motion." If the motion is denied on July10, notice due Aug10? Wait, if the order is entered on July10, and the 30th day is Aug9 Sunday; due Aug10. Yes. Need perhaps "Do the 30 days from denial include July10? No; exclude. If the denial order is entered on Friday, appeal period starts Saturday. Weekends count." Good. Need maybe "The May8 motion was not 'last timely rule-1 motion', but if the May29 motion is timely, it is the last. The new period begins July10." Good. Need perhaps "What about attorney fee motion pending on July10? It does not toll; it won't delay appeal deadline. If attorney fee motion remains pending, the judgment may not be final? Wait in federal court, a motion for attorney fees under Rule 54(d)(2) does not make the judgment non-final? Under Rule 54(d)(2)(D), "the court may determine fees before entry of judgment; if a timely motion for attorney fees is filed, the court may, before judgment, order that the motion be heard after entry of judgment." It generally does not toll appeal; issue of fees can be appealed after resolution? Actually under FRAP 4(a)(4), an attorney fee motion does not toll. The problem says same. So no. Need perhaps "A motion for attorney fees must be filed no later than 14 calendar days after entry of judgment unless a statute or order provides otherwise. An attorney-fee motion does not toll appeal." If the fee motion is filed by May15, and not decided by July10, does the notice of appeal due Aug10? The fee motion's pendency might make "final decision" not final? In real law, if attorney fees remain unresolved after final judgment, appellate jurisdiction may be questionable? But the problem says it does not toll appeal, so appeal due. Need not. Need perhaps "prejudgment interest omitted" if not corrected by rule1 motion: can the appeal challenge it? Yes, the final judgment can be appealed for "omitted interest" even if no post-trial motion? If an issue is not raised in a post-trial motion, an appellate court can review if properly raised? Under some systems, an appeal from judgment can raise any error in judgment, but Rule 59 motions not generally required. However "no post-trial or appellate right lost" perhaps plan must preserve by filing Rule1 motion. But if not, original appeal due June1. Good. Let's perhaps state "The Rule 1 motion is not a condition for appealing the witness exclusion if the objection was preserved, but it is the mechanism to obtain district court correction and a later appeal deadline. Because you plan to file it, file timely." Need answer "Ordered preservation plan" perhaps: - "Deadline sequence: May15 fee; May29 rule1; June1 fallback notice; July10 order; Aug10 notice." Good. Potential issue: Could the local reconsideration motion toll the time to appeal under a different "motion under rule 1"? Let's think: Rule #8 says "A post-trial motion must identify the requested relief and grounds. Filing a document under the wrong label does not toll unless its substance requests relief available under rule 1 and it is timely." The May8 motion asks only "trial judge reconsider witness exclusion." It doesn't request alteration of judgment or new trial. So no. But maybe the judge's "exclusion of witness" was an interlocutory ruling; the motion to reconsider might, if granted, alter the trial and require new trial. But because the judgment was already entered, "reconsidering the witness exclusion" is not a request for "new trial" unless it says so. It asks reconsideration, not new trial. It doesn't toll. Good. Need perhaps "A motion for reconsideration of an interlocutory ruling does not alter judgment" per rule. Good. Need perhaps "the deadline for a rule1 motion is May29, but if planned motion is filed after May15, the fee motion should be separate before May15. If the current counsel wants to combine, file a combined motion by May15 (if ready) containing fee request and rule1; but rule1 deadline later. But "Rule1 motion to alter/amend and new trial" by May15 could be okay. But "current counsel plans" maybe not ready by May15. We need "does the fee motion can wait until merits motion is decided?" no. Let's perhaps include: ``` Do not wait: the fee motion must be filed by May 15. It may ask the court to defer consideration until the Rule 1 motion is resolved. ``` Good. Need perhaps "If the court denies the Rule1 motion on July10, the new notice of appeal is due August10. But if you want to be extra careful, you can file the notice after July10 but before Aug10; no need to file before. A premature notice now could become effective, but the rules themselves describe the later notice as safer. I would calendar Aug10 as absolute deadline." Need perhaps "If a Rule1 motion is timely filed but the court dismisses it for lack of jurisdiction? no." Good. Need maybe "exact consequence of missing each deadline" table: ``` Deadline | if missed May 15 fee | fee claim forfeited; untimely motion may be denied; fee award unavailable May 29 rule1 | no district court Rule1 relief; no tolling; no new trial; original appeal due June1 June1 notice (if no rule1) | appeal dismissed/right to appeal judgment lost Aug10 notice | appeal dismissed; final judgment binding ``` Need "The original deadline June1 only if no timely Rule1 motion. If Rule1 filed by May29, June1 deadline is not a separate requirement. But if you want fallback, file a notice by June1 if there is any doubt about rule1 timeliness." This is useful. Let's perhaps phrase: ``` June 1, 2026: if no timely Rule 1 motion is on file (or if the May 29 motion is untimely), this is the deadline for a protective notice of appeal from the May 1 judgment. File by this date if there is any doubt. ``` But "if no tolling motion is filed" original deadline. Since plan is to file rule1 motion, no need. But "no right lost": maybe file a protective notice by June1? Hmm maybe should we recommend filing a protective notice by June1 even if you intend a Rule1 motion? The prompt says "premature notice filed after judgment but before disposition of a timely rule1 motion becomes effective upon disposition, but filing a proper later notice is safer." Should we recommend no "protective notice" maybe. But "no post-trial or appellate right lost" could include "File a protective notice by June1 as insurance? But if you file a notice before Rule1 motion is decided and then the district court grants new trial, appeal could be premature? It becomes effective upon disposition; if the motion is granted and a new trial ordered, final judgment may be superseded, so the notice may be ineffective? Actually FRAP 4(a)(4) if a motion is granted and a new trial is granted, the judgment is vacated; an appeal from it may be premature? Not needed. The prompt says premature notice becomes effective upon disposition. But "filing proper later notice safer" means maybe not file premature. Need maybe not recommend a protective notice because it can create confusion and extra briefing. But "no post-trial or appellate right lost" perhaps "if you can afford it, file a protective notice by June1 while motion pending? It becomes effective upon denial and can avoid any risk if the Rule1 motion is deemed untimely." Hmm let's analyze. The user asks: "States whether a notice should be filed before or after disposition." If we answer "after" because rule1 tolls, but if there's risk that planned rule1 motion is not timely/tolling, then before or by June1 is needed. But given we plan to file timely by May29, after is okay. The safe approach could be "file a protective notice by June1 anyway; if the Rule1 motion is timely, the premature notice becomes effective upon disposition; if not, it protects your appeal. But the prompt says 'filing a proper later notice is safer' — actually a premature notice is effective, but later notice safer. Hmm. Need parse prompt item 5: "A notice of appeal must be filed within 30 calendar days after entry of judgment unless rule 2 tolls the period. A premature notice filed after judgment but before disposition of a timely rule-1 motion becomes effective upon disposition, but filing a proper later notice is safer." This is one of the governing rules. The assignment specifically asks "States whether a notice should be filed before or after disposition." I think they expect: because Rule1 motion tolls, no need before; file after disposition; if you choose early, it becomes effective but later is safer. Maybe also "If there is a chance the Rule1 motion might not be considered timely, file a protective notice by June1." Should we include? The scenario says "planned post-trial motion is timely filed" in question; but preservation plan should maybe include "protect the appeal by filing a notice on or before June1 if the rule1 motion's timeliness is in doubt." That could be useful. But do we want to avoid confusion with premature notices? The prompt says a premature notice filed before disposition becomes effective upon disposition but filing a proper later notice is safer. So can include as optional: - "The safest no-issue course is to wait until after the order denying the Rule1 motion, then file by Aug10." - "If you are concerned that the Rule1 motion may not be deemed timely, file a protective notice of appeal on or before June1. It will become effective if the Rule1 motion is later denied; if you do so, still consider whether to file an amended/proper notice after disposition." But if you file a premature notice and then wait, is it "proper later notice" not needed? In federal practice, if you prematurely filed and it becomes effective, no need to refile; but the prompt says "filing a proper later notice is safer." We can follow. But "ordered preservation plan" perhaps "do not lose rights": Filing a protective notice by June1 doesn't hurt? It may accelerate appeal and complicate if the Rule1 motion is granted. But the rule says premature notice becomes effective upon disposition, so if the motion is granted, perhaps no appeal. Hmm. It could be unnecessary. The problem asks "no post-trial or appellate right is lost." A protective notice by June1 could be considered "belt and suspenders" but perhaps contrary to "proper later notice is safer." Let's phrase carefully: "Do not rely on before-disposition notice as primary; the required preservation step is Rule1 motion by May29 and appeal notice by Aug10. If you want maximum insurance, you may file a premature/protective notice before July10; it becomes effective on denial, but the safer practice identified in the rules is to file the proper 30-day notice after entry of the denial order." Good. Need perhaps "If the planned Rule1 motion is timely filed, the original notice deadline is tolled; no notice is due June1. If the Rule1 motion is not timely filed, notice must be by June1. To ensure no loss, calendar both? The plan can include "On June1, check that Rule1 motion was actually filed and is timely; if not, file notice immediately." Good. Potential issue: "Rule1 motion deadline is May29; original appeal deadline if no tolling is June1; if you miss rule1 by one day, you still have June1 to file appeal. If you miss both, no. Since plan will file rule1, no. Need perhaps "Exact consequence of missing each deadline" including "if you fail to file the rule1 motion by May29 and also fail to file notice by June1, appeal is gone. If you file an untimely rule1 motion after May29, district court cannot extend; the court may deny for lack of jurisdiction? Not jurisdictional but mandatory." Good. Let's perhaps make final answer: ``` Assumptions: use 2026 calendar; "entry" triggers; e-filing deadlines at 11:59 p.m. local; July10 entry is the date of the order. ``` Need maybe "May 1 is excluded: count May2 as day 1." Good. Let's produce final. But before final, let's explore any hidden complexities to ensure no miscalc. 2026 calendar: - Jan 1 2026 Thursday (as assumed). Check day of week for May1 2026: Jan has 31 days, Feb 28, Mar31, Apr30. Jan1 Th. Jan31 = Saturday? Calculate: Jan1 Th. Jan2 Fri. Jan31 = Jan1 +30 days = Saturday. Feb1 Sunday? Jan31 Sat, Feb1 Sun. Feb28 = Feb1 +27 days = Saturday? Feb28 is Saturday. Mar1 Sunday? Since Feb28 Sat, Mar1 Sun. Mar31 = Mar1+30 = Tuesday? Mar31 Tuesday. Apr1 Wednesday? Wait if Mar31 Tuesday, Apr1 Wednesday. Apr30 = Apr1+29 days = Thursday? Wednesday +29 = Thursday? 29 mod7=1, Thursday. May1 = Friday. Yes good. - May15: May1 Friday +14 days = Friday May15. Good. - May29: +28 days = Friday. Good. - May31 Sunday? May29 Fri, May30 Sat, May31 Sun. Good. - June1 Monday. - July10 2026 Friday? May1 Friday +? May has 31 days; May31 Sunday; June1 Monday; June30 Tuesday; July1 Wednesday; July10 Friday. Good. - July11 Saturday; Aug9? July11 +29 days = Aug9? Let's verify: July11 day 1. July31 = 21 days after July10? Wait if July11 is day 1, July31 is day21; Aug1 day22; Aug9 day30. Yes Sunday. Aug10 Monday. Good. Potential issue: If the 30-day period starts on July11 (Saturday), and the 30th day Aug9 (Sunday), it moves to Monday Aug10. If the appeal deadline were 30 days "after entry" with day of entry excluded, yes. If some courts count "30th day" as July? No. Need perhaps "day of triggering event excluded" but "every later calendar day counted" means if entry at 3pm, day0 entire May1 excluded. Good. Potential issue: "The court may not extend that deadline" only Rule1; for notice maybe not? We'll not mention extensions. Let's consider "A timely motion under rule 1 tolls the time to appeal. A new 30-day appeal period begins when the court enters the order disposing of the last timely rule-1 motion." The new 30-day appeal period begins "when the court enters the order disposing"—meaning the date of entry is day 0; deadline is 30 days after. We did. Good. Potential issue: "last timely rule-1 motion" if the attorney-fee motion maybe a Rule1? Attorney-fee motion no. If local May8 motion maybe no. Good. Potential issue: "A local motion for reconsideration of an interlocutory evidentiary ruling may be filed within 10 days, but it does not alter the judgment and does not toll the appeal period." If May8 motion is "local motion" under this rule, it has a 10-day deadline from the evidentiary ruling. We don't know if timely. But we can say "whether timely or not, no tolling." Good. Potential issue: Rule 1 tolling motion "filed no later than 28 calendar days" includes "motion for new trial or to alter or amend judgment" but not "motion for relief from judgment" (Rule 60). If current counsel wants to add interest, maybe a Rule 60 motion may have a longer deadline? Not given; no. We should not mention. Potential issue: "prejudgment interest corrected" maybe if "oral ruling" means "judgment as entered" maybe not a "clerical mistake" but "legal error." A Rule1 motion is correct. Good. Potential issue: "attorney fees sought" maybe if the fee-shifting statute provides "motion may be filed later than 14 days" no; "no special fee deadline was ordered." Good. Need perhaps "When to file motion to alter/amend new trial relative to fee motion?" Since Rule 1 deadline May29, fee deadline May15. We can "file the fee motion first, then the Rule1 motion; if the Rule1 motion is ready, it can be filed at the same time/early." Good. Need perhaps "The client asks whether the May 8 motion already tolled appeal clock" — Answer concise: "No. It was not a rule1 motion; no relief from judgment/new trial; no tolling. At most, it preserves for the district court the reconsideration request, but it does not stop the clock." Good. Need perhaps "The planned rule1 motion must be filed by May29; if denied July10, notice by Aug10. The May8 motion not tolling means there was a window from May1 to June1; but because you file rule1 by May29, the original window is tolled. What about between May1 and May29 before Rule1 motion? The appeal clock doesn't "stop" until the rule1 motion is filed? The rule says a timely motion under rule1 tolls the time to appeal; new 30-day period begins after disposition. It effectively supersedes the original deadline; no need to count interim days. But "toll" might mean pause at filing. The original deadline would have been June1; a motion filed May29 leaves only 3 days if the motion were not pending, but rule2 gives a full new 30-day period after disposition. So yes. Need perhaps "If the rule1 motion is filed by May29, the notice of appeal need not be filed by June1." Good. Potential issue: "A timely motion under rule 1 tolls the time to appeal." Is it "toll" or "starts a new appeal period" if motion is denied? Yes new 30-day. Good. Potential issue: "Filing a document under the wrong label does not toll unless its substance requests relief available under rule 1 and it is timely." The May8 motion is wrong label; no. The planned motion must be correct label. Good. Let's maybe include examples in final: ``` May 15 (Friday) — fee motion May 29 (Friday) — Rule 1 motion June 1 (Monday) — original NOA if no Rule1 motion July 10 (Friday) — Rule1 order Aug 10 (Monday) — NOA after denial ``` Need maybe "All deadlines by 11:59 p.m. local time via ECF." Let's decide final wording. Could be: ``` Because the May 8 motion does not toll, the critical deadline is not June 1 if you file the Rule 1 motion by May 29. But do not let the fee motion wait. Calendar: 1. May 15, 2026 — Attorney-fee motion. ... ``` Need maybe "what if the planned rule1 motion is 'denied on July10' but the order is not entered until, say, July10 after 5pm?" The clerk's "entry" date controls; if the order is entered July10, deadline same. If entry later, use later. We'll say "assuming July10 is the entry date." Potential issue: The problem says "denied on Friday, July 10, 2026." If the court "denies" from bench on July10 and enters order on July10, okay. If not, "entry" matters. Good. Need perhaps "file notice after disposition" — "After the order is entered, not necessarily after the judge announces ruling; if the court announces July10 but doesn't enter an order until a later date, the clock begins on entry date." Good. Need perhaps "Exact consequence" table maybe at end. Let's create: ``` If you miss May 15 fee motion: fee claim is not preserved; the district court can deny it solely as untimely; no fee award. If you miss May 29 Rule1 motion: no Rule1 relief; no tolling; the appeal deadline remains June 1; the witness-exclusion issue would no longer be the basis for a new-trial motion (though the underlying trial objection may still be appealable if preserved). If you miss June1 fallback notice (and no timely Rule1 motion): appeal dismissed; final judgment is binding. If you miss Aug10 notice: appeal from the judgment and the Rule1 denial dismissed; all appellate rights lost. ``` Need "fee motion does not toll; it may remain pending but does not change Aug10." Good. Potential issue: If no Rule1 motion and no notice by June1, "final judgment is binding" but could still file Rule 60(b) maybe not under problem. No. Let's perhaps mention "This plan assumes the witness-exclusion issue was preserved at trial by objection and offer of proof; if not, that separate preservation issue should be confirmed." This is a valuable caveat. But user didn't ask; maybe can include as final "Separately confirm the evidentiary objection/offer of proof was made." Should I include? The assignment's "adverse evidentiary ruling appealed" implies preservation. It would be helpful. But not necessary and may distract. We can include a "Preservation note" at end. Let's think if "Rule 1 motion" must seek "new trial based on witness exclusion." If current counsel plans "to alter/amend the judgment to add $42,000 interest and, in the alternative, a new trial based on witness exclusion." Does a Rule 1 motion seeking both reliefs remain a single timely motion? Yes. Need "alternative new trial" not "motion to alter or amend" only. But if the court grants the amended judgment (adds interest), and denies new trial, then appeal period? Hmm maybe "alternative" if amended judgment is signed and entered, the "denial of new trial" maybe a separate order? The appeal period starts when order disposing of "last timely rule1 motion" is entered; if both reliefs are in the same motion and the court denies one and grants another, is there an entry of judgment? Could be more complex. But problem says denied. We can keep "if it asks in the alternative, the court should decide both; either way, the appeal clock starts from the order(s) disposing of both." Good. Potential issue: "Rule1 motion to alter/amend and new trial: The motion must be filed no later than 28 days after judgment. The planned motion by May29 is due on the 28th day. It can be filed before the fee motion? yes." Need "current counsel plans to file"—maybe not specify "Friday, July10" expected decide; but file by May29. Good. Potential issue: "Fee motion" could be filed by May15 but if the Rule1 motion is not filed by May29 and notice is due June1, the fee motion (not tolling) doesn't extend. Good. Let's perhaps produce final answer with "1. Preserve fee request; 2. Preserve Rule1; 3. Preserve appeal; 4. Avoid reliance on May8; 5. After denial." Good. Need include "the May8 motion already tolled?" Answer directly: ``` No. It is not a Rule1 motion, and its substance does not request relief from judgment. Under the rule, it does not toll. It is a local reconsideration motion only. Timely or not, ignore it for appeal-clock purposes. ``` Maybe "It does not alter judgment" exactly. Need perhaps "Original notice-of-appeal deadline if no tolling motion: June 1, 2026" — The May8 motion doesn't toll, so if no Rule1 motion this is the original deadline. We can phrase "If current counsel had filed nothing else, the NOA would be due June 1, not May31; because May31 is Sunday. The May8 motion did not change this." Potential issue: "A premature notice filed after judgment but before disposition of timely rule1 motion becomes effective upon disposition, but filing a proper later notice is safer." If user asks "whether notice should be filed before or after disposition": We can answer: - "After disposition is the preferable path: wait until the court enters the denial order, then file within 30 days (by Aug10)." - "Filing before disposition is not necessary and, although permitted, the governing rules call a proper later notice safer. If you want a protective notice, it must still be superseded/amended by the later notice if needed." Need maybe "If you file a premature notice, file an amended/proper notice after disposition? The prompt says proper later notice safer; if you file a premature notice, is it necessary to file a later notice? If you don't, the premature notice becomes effective. But "filing a proper later notice is safer" suggests if you can, file a later notice too. But filing two notices can be okay. Maybe not needed. We can say "If you choose to file a protective notice before disposition, it will become effective; for clarity you may also file a new notice after disposition before the new deadline." But "filing a later notice" after a premature notice that became effective maybe unnecessary and could be seen as duplicative but harmless? Not sure. Maybe "safer" means file a proper notice after disposition instead of relying on premature. So okay. Potential issue: If a premature notice is filed, and then the Rule1 motion is denied, the premature notice becomes effective. If you also file a later notice after the new period? no. The prompt says premature notice "becomes effective upon disposition" so no need. But "filing a proper later notice is safer" perhaps means if you want to be safe, wait and file later. We'll not recommend both unless "if concerned." Good. Let's perhaps include "Do not file the notice now as the primary plan. But do not miss Aug10." Good. Let's think of "consequence of missing each separate deadline" exact "notice of appeal due after disposition Aug10" if missed, but what if the Rule1 motion was granted and altered judgment? Then "denied" only. We'll say "under the stated denial scenario." Good. Need perhaps "court expected to decide motion on July10" — If the order is not entered until Monday July13? Wait if July10 expected "decide" maybe maybe "order" entered. But the prompt says "denied on Friday, July10" in assignment? It says "if the planned post-trial motion is timely filed and denied on July 10." So entry on July10. Good. Potential issue: "The day of triggering event excluded" for fee motion: "entry of judgment" May1. We exclude May1, count May15. Good. Potential issue: "Electronic filing timely if completed by 11:59 p.m. local court time on the deadline." If deadline moves to Monday, e-file by 11:59 p.m. local. Good. Let's maybe phrase "all filing deadlines are for filing, not mailing, and e-filing by 11:59 p.m. is on time." Good. Need maybe "An attorney-fee motion must also state the amount sought and the basis; but because not asked, no." If asked "counsel estimates $185,000" but the fee motion should "provide the time/records or estimate; the court can order more." We can say "include the Rule 1 basis for fees and the $185,000 estimate/support." Not necessary but helpful. Need maybe "Rule1 motion must state grounds with specificity": - Add prejudgment interest: "The court orally ruled $42,000 prejudgment interest recoverable; the judgment as entered omitted it; the judgment should be corrected/amended under Rule 1." - New trial: "The court abused its discretion/prejudicially erred in excluding witness; the testimony was relevant and admissible; without it the trial was unfair; request new trial." Good. Could include "If the witness exclusion was a trial ruling, ask in the alternative for a new trial; do not call it a 'motion to reconsider evidentiary ruling'." Need perhaps "If the May8 motion also was filed within 28 days, could the current counsel amend it after May29 to add rule1 relief? Not if after deadline; amendment might not relate back? Avoid." We can say "do not try to rely on or amend the May8 motion to add Rule1 relief after May29; file a new timely Rule1 motion." But if you can amend before May29, okay. Current plan: file new. Potential issue: "A timely motion under rule 1 tolls the time to appeal. A new 30-day appeal period begins when the court enters the order disposing of the last timely rule-1 motion." If the Rule1 motion is filed May29, and the original appeal deadline would be June1, but the motion was filed only 3 days before original deadline. If the district court does not decide until July10, the notice can be filed after July10. Good. Potential issue: "The court may not extend Rule1 deadline" but "electronic filing timely if completed by 11:59" — so if rule1 motion is e-filed May29 at 11:58 pm, okay. Good. Let's perhaps include "No later than" dates: - Fee: May15, 2026 (14th day). - Rule1: May29, 2026 (28th day). - Original NOA: June1, 2026 (if no toll). - New NOA after denial: Aug10, 2026 (30th day from July10, Sun move). Actually "no later than Aug10" is 31 calendar days after July10? Wait if July10 excluded, day count 30 ends Aug9. So "30 days after entry" but deadline is Aug10 due weekend. Need not say "30th day" is Aug9; "deadline" is Aug10. If someone says "new deadline Aug10 = 31 days after entry" because of weekend. Good. Need perhaps "If the last day falls on a Saturday, Sunday, or court holiday" — Aug9 Sunday, so Monday next day. Good. Potential issue: "The exact consequence of missing the May 15 fee motion" if there is a statutory fee-shifting statute, perhaps "the request for attorney fees is not waived if the substantive claim is later successful and fees are sought as costs? Hmm "motion for attorney fees must be filed no later than 14 days after entry of judgment unless statute/order provides otherwise." The fee-shifting statute applies but doesn't alter deadline. If no motion, no "pendency" maybe cannot award. Good. Let's perhaps make final answer polished: ``` MEMORANDUM / PRESERVATION PLAN Dates assume May 1, 2026, is the judgment entry; all deadlines are ECF filing deadlines at 11:59 p.m. local. 1. Attorney-fee motion — by May 15. ... ``` Need perhaps "The client asks whether fee motion can wait until merits motion decided. No. The motion must be filed by May15; if you wait until July10, the fee claim is time-barred. You may ask the court to defer ruling until after Rule1 motion." Need perhaps "What about the May8 motion? It was a local motion for reconsideration, and it did not request Rule1 relief. So no tolling; it did not preserve fee deadline or extend Rule1 deadline. It may preserve the evidentiary issue in the district court but not appellate timetable." Need perhaps "What planned rule1 motion must request and when" — "By May29, a combined motion filed with correct label: 'Plaintiff's Motion to Alter or Amend the Judgment and, in the Alternative, for New Trial.' It must explicitly request the $42,000 prejudgment interest in the amended judgment and a new trial due to the witness exclusion. If the court treats it as a motion for reconsideration only, no tolling." Need maybe "What if the district court denies rule1 on July10; new notice deadline Aug10." Good. Potential issue: "The new 30-day appeal period begins when the court enters the order disposing of the last timely rule-1 motion." If the motion is "denied on July10" but the order denying it doesn't enter until July11? The deadline would be Aug10? Let's calculate if entry July10 = Aug10. If entry July13, deadline Sep? Not needed. But perhaps "July10, 2026 is Friday; if order is entered on Friday, deadline is Aug10." Good. Let's think if "Memorial Day" affects original deadline? No May31 Sunday; June1 Monday. Memorial Day May25 past. Fine. Potential issue: "The May8 motion may have been filed by former counsel; if it is still pending, maybe the court has not entered a judgment "final" because it didn't rule on it? No, a local interlocutory motion after judgment does not suspend finality. The judgment is final. Good. Potential issue: "If current counsel files rule1 motion and fee motion, but fee motion remains pending after notice of appeal, the appellate court might not have jurisdiction over fee issue if fee motion unresolved? Actually attorney fee motion not tolling; after notice of appeal, the district court may lack jurisdiction to decide the fee motion? Under FRAP 4(a)(4) fee motion not listed; but under FRCP 54(d)(2), "The court may order that the motion be heard after entry of judgment; the court may fix time; the pendency of such motion does not affect finality or time to appeal, except if filed under Rule 59." Actually district court can consider fees after appeal? Maybe not? Hmm not relevant. Need perhaps "The fee motion should state that it is filed under the fee-shifting statute and ask the court to defer ruling until after the Rule1 motion; it should not ask to alter judgment." Good. Potential issue: "prejudgment interest $42k" maybe if the judgment was entered on May1, prejudgment interest had been orally ruled recoverable. If current counsel moves to "amend judgment to add $42,000 interest" under Rule1, it must be "filed no later than 28 days" — May29. If court denies, appeal can challenge. Good. Let's perhaps include "The May8 motion 'Motion to Reconsider Evidentiary Ruling' is not 'the Motion That Tolls'." The user title "The Motion That Tolls and the Motion That Does Not." Good. Potential issue: "a motion for attorney fees must be filed no later than 14 calendar days after entry of judgment unless a statute or order provides otherwise." Does "attorney fees sought" maybe in answer: "Since the fee-shifting statute applies and no special deadline, the deadline is May15. The statute itself may say 'reasonable attorney fees' but not special deadline." Good. Need perhaps "Do we need to file fee motion by May15 even if the Rule1 motion is not filed yet? Yes." Potential issue: "No post-trial or appellate right is lost" maybe "file a motion for new trial or alter/amend by May29; but if the trial court denies it, the new notice due Aug10. Should you file a notice before disposition? No; but if you file the rule1 motion and the court enters a 'partial denial'? Hmm." Let's maybe include "If the court does not enter its order until after July10, the Aug10 date shifts accordingly: the next 30th day (excluding the entry date), adjusted for weekend/holiday." Good. Need perhaps "The original notice-of-appeal deadline if no tolling motion" could be "May31, but because Sunday, June1." Need maybe "The day of entry May1 excluded; day 30 May31; deadline June1." Good. Let's perhaps answer with "ordered preservation plan" exactly: ``` ORDERED PRESERVATION PLAN I. File the fee motion before anything else: by May 15, 2026. II. File the Rule 1 motion by May 29, 2026. III. Do not count on the May 8 motion. IV. If no Rule 1 motion is filed, file NOA by June 1, 2026. V. After the July 10 denial, file NOA by Aug 10, 2026. VI. Wait until after the Rule 1 order is entered; premature notice optional. ``` Need perhaps "The exact consequence table" after these: ``` Deadline / consequence ..." ``` This meets assignment. Let's perhaps draft final now. But we need be careful about "current counsel plans to file a motion to alter or amend the judgment to add the $42,000 interest and, in the alternative, a new trial based on the witness exclusion." The planned motion should be filed by May29, which is a Friday. The court "expected to decide that motion on Friday July10" - there's a gap. If the Rule1 motion is filed May29, does the court's July10 disposition need to be "entry" or "decision"? We assume "entry." Good. Potential issue: "A post-trial motion must identify the requested relief and grounds. Filing a document under the wrong label does not toll unless its substance requests relief available under rule 1 and it is timely." If the current counsel's planned motion is filed "to alter or amend judgment ... and, in the alternative, new trial", but if "new trial based on witness exclusion" would require a "motion for new trial" and is within 28 days. Good. Potential issue: "Motion for attorney fees must be filed no later than 14 days after entry of judgment unless statute or order provides otherwise." If a motion for attorney fees is filed before entry of judgment? Not. Good. Need perhaps "If current counsel misses fee deadline, could the appellate court consider attorney fees in appeal as part of costs? no." Good. Let's think about "exact consequence of missing each separate deadline" in relation to "appellate right" of the witness exclusion. If the rule1 motion is missed, can still appeal by June1, but if appeal period expired no. If they file rule1 by May29, the "adverse evidentiary ruling appealed" survives if in notice after denial. Actually to appeal an evidentiary ruling, a post-trial motion is not required. If the Rule1 motion is denied and a notice filed after July10, appellate review of the evidentiary exclusion is possible if properly preserved. But if the Rule1 motion "new trial based on witness exclusion" is the only way to get review? No. Need maybe "the May8 motion is not enough to preserve appellate timing, but an offer of proof at trial is." Good. Let's perhaps include at end: ``` Finally, verify the witness-exclusion issue was preserved at trial (objection + offer of proof). The post-trial motions preserve district court review and extend the appeal clock; the trial record preserves the issue on appeal. ``` This is a nice "no right lost" addition. Potential issue: "Prejudgment interest omitted" may not need offer of proof. Fine. Let's maybe not overcomplicate with "offer of proof" because the problem says "witness whose testimony Marisol wants reviewed on appeal." It might already be. But "no post-trial or appellate right lost" includes "do not forget to designate the evidentiary ruling in the notice? Not required but helpful." Let's craft final answer elegantly. Need perhaps "Rule 1" "Rule 2" "Rule 3" maybe use exactly: - "Rule 1 motion" not "Rule 59" because problem. - "Rule 2 tolling/notice" maybe. Let's produce final.