## Bottom line - **The May 8 “Motion to Reconsider Evidentiary Ruling” does not toll the appeal clock.** It asks only for reconsideration of an evidentiary ruling and does not request new-trial or alter/amend-judgment relief under Rule 1. - **The attorney-fee motion cannot wait until the merits post-trial motion is decided.** Under the stated facts, it must be filed by **Friday, May 15, 2026**. - **The planned Rule 1 motion must be filed by Friday, May 29, 2026** if it is to toll the appeal. It must expressly request Rule 1 relief: alter/amend the judgment to add the $42,000 prejudgment interest and, in the alternative, a new trial based on the witness exclusion. - **If no timely Rule 1 motion is filed, the original notice-of-appeal deadline is Monday, June 1, 2026** because the 30th day after May 1, 2026 falls on Sunday, May 31, 2026 and moves to the next open day. - **If the planned Rule 1 motion is timely filed and denied on Friday, July 10, 2026, the new notice-of-appeal deadline is Monday, August 10, 2026** because the 30th day after July 10, 2026 falls on Sunday, August 9, 2026 and moves to the next open day. - **The safest notice-of-appeal strategy is to file after disposition** of the timely Rule 1 motion, no later than August 10, 2026. A premature notice filed after judgment but before disposition is permitted and becomes effective upon disposition, but a proper later notice is safer. --- # 1. Date-counting assumptions - Judgment was entered on **Friday, May 1, 2026**. - Under Rule 6, **May 1 is excluded**. The count begins on **May 2, 2026**. - All deadlines are in **calendar days**. - If a deadline falls on a Saturday, Sunday, or court holiday, it moves to the **next day the clerk’s office is open**. - Electronic filing is timely if completed by **11:59 p.m. local court time** on the final deadline. - No court holidays are specified, so the analysis assumes the indicated Mondays are open. If any indicated date is a court holiday, the deadline moves to the next open clerk’s office day. --- # 2. Ordered preservation plan ## Step 1: Preserve the attorney-fee claim by filing the fee motion by May 15, 2026 ### Deadline calculation Rule 3 gives 14 calendar days after entry of judgment for a motion for attorney fees unless a statute or order provides otherwise. The facts state that the fee-shifting statute applies and that **no special fee deadline was ordered**, so the 14-day rule applies. - Day 0 excluded: **May 1, 2026** - Day 1: May 2, 2026 - Day 14: **May 15, 2026** May 15, 2026 is a **Friday**, so there is no weekend shift. ### Deadline **File the attorney-fee motion no later than 11:59 p.m. local court time on Friday, May 15, 2026.** ### What the fee motion should do The fee motion should request an award of attorney fees under the applicable fee-shifting statute. Counsel estimates recoverable fees at $185,000, so the motion should seek that amount, with supporting fee documentation as appropriate. ### Can the fee motion wait until the Rule 1 motion is decided on July 10? **No.** The fee-motion deadline is independent of the merits post-trial motion. Waiting until July 10, 2026 would be more than 14 days after judgment and would forfeit the fee claim under the stated rule. Also, the fee motion **does not toll** the time to appeal from the merits judgment. ### Consequence of missing the fee-motion deadline If the attorney-fee motion is not filed by May 15, 2026, the fee claim is untimely. Under the stated rule, the client would lose the ability to recover attorney fees on that claim, subject only to any unrelated statutory or court-ordered exception that is not present in the facts. --- ## Step 2: Preserve post-trial relief and toll the appeal by filing a proper Rule 1 motion by May 29, 2026 ### Deadline calculation Rule 1 gives 28 calendar days after entry of judgment for a motion for a new trial or to alter or amend the judgment. The court may not extend that deadline. - Day 0 excluded: **May 1, 2026** - Day 1: May 2, 2026 - Day 28: **May 29, 2026** May 29, 2026 is a **Friday**, so there is no weekend shift. ### Deadline **File the Rule 1 motion no later than 11:59 p.m. local court time on Friday, May 29, 2026.** ### What the planned Rule 1 motion must request The planned motion must do more than ask the court to “reconsider the evidentiary ruling.” To toll the appeal, it must request relief available under Rule 1. Here, it should request: 1. **Alteration or amendment of the May 1, 2026 judgment** to add the **$42,000 in prejudgment interest** that the court had orally ruled recoverable but omitted from the written judgment; **and** 2. In the alternative, a **new trial** or other Rule 1 relief based on the erroneous exclusion of the witness whose testimony Marisol wants reviewed. The motion should identify the requested relief and the grounds. For example: - Ground for alteration/amendment: the judgment failed to conform to the court’s oral ruling allowing $42,000 in prejudgment interest. - Ground for new trial: the exclusion of the witness was prejudicial and warrants a new trial or appropriate post-trial relief. A document styled “Motion to Reconsider Evidentiary Ruling” that only asks the court to revisit the evidentiary ruling does not toll the appeal if it does not request Rule 1 relief. Here, the May 8 motion does not request Rule 1 relief, so it is not a tolling Rule 1 motion. ### Consequence of missing the Rule 1 motion deadline If the Rule 1 motion is not filed by May 29, 2026: - The client loses the opportunity to seek a new trial or alteration/amendment of the judgment by post-trial motion. - The court may not extend the 28-day deadline. - The appeal clock is **not tolled**. - A later court decision on July 10, 2026 will **not** start a new 30-day appeal period if the motion was not timely filed under Rule 1. - If the client still wants appellate review, the client must file a notice of appeal by the original untolled deadline, **June 1, 2026**. --- ## Step 3: Determine the original notice-of-appeal deadline if no tolling motion is filed ### Deadline calculation Rule 5 gives 30 calendar days after entry of judgment for a notice of appeal unless Rule 2 tolls the period. - Day 0 excluded: **May 1, 2026** - Day 1: May 2, 2026 - Day 30: **May 31, 2026** May 31, 2026 is a **Sunday**. Under Rule 6, the deadline moves to the next day the clerk’s office is open. ### Deadline if no timely Rule 1 motion is filed **File the notice of appeal no later than 11:59 p.m. local court time on Monday, June 1, 2026**, assuming June 1 is not a court holiday. ### Consequence of missing the original notice-of-appeal deadline If no timely Rule 1 motion tolls the appeal and the notice of appeal is not filed by June 1, 2026, the client loses the right to appeal the May 1, 2026 judgment. The judgment becomes final and is not ordinarily subject to direct appellate review. --- # 3. Effect of the May 8 motion ## Was the May 8 motion timely under the local 10-day rule? Yes, as a local motion for reconsideration of an interlocutory evidentiary ruling, it appears timely. - Day 0 excluded: May 1, 2026 - 10-day deadline: **May 11, 2026** - May 8, 2026 is within that period. May 11, 2026 is a **Monday**, so there is no weekend shift. ## Does the May 8 motion toll the appeal? **No.** Rule 4 provides that a local motion for reconsideration of an interlocutory evidentiary ruling: - may be filed within 10 days; - does not alter the judgment; and - **does not toll the appeal period**. Rule 8 also provides that a document filed under the wrong label does not toll the appeal unless its substance requests Rule 1 relief and it is timely. The May 8 motion asks only that the trial judge reconsider the witness exclusion. It does **not** request: - alteration or amendment of the judgment; - a new trial; or - any other Rule 1 relief. Therefore, the May 8 motion does not toll the time to appeal. ## Consequence of the May 8 motion not tolling Because the May 8 motion does not toll the appeal, the appeal clock is controlled only by: 1. the original 30-day judgment date if no timely Rule 1 motion is filed; or 2. the disposition of a timely Rule 1 motion, if one is filed by May 29, 2026. The May 8 motion does not create a new appeal deadline. --- # 4. New notice-of-appeal deadline if the Rule 1 motion is timely filed and denied on July 10, 2026 ## Trigger Rule 2 provides that a timely Rule 1 motion 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. Here, assume: - The planned Rule 1 motion is timely filed by **May 29, 2026**. - The court enters the order disposing of that motion on **Friday, July 10, 2026**. ## Deadline calculation The July 10, 2026 order is the triggering event. Under Rule 6, the day of the triggering event is excluded. - Day 0 excluded: **July 10, 2026** - Day 1: July 11, 2026 - Day 30: **August 9, 2026** August 9, 2026 is a **Sunday**. Under Rule 6, the deadline moves to the next day the clerk’s office is open. ## New notice-of-appeal deadline **File the notice of appeal no later than 11:59 p.m. local court time on Monday, August 10, 2026**, assuming August 10 is not a court holiday. ## Consequence of missing the new notice-of-appeal deadline If the notice of appeal is not filed by August 10, 2026, the client loses the right to appeal the final judgment/order disposing of the timely Rule 1 motion. The judgment and the July 10 order become final for ordinary direct-appeal purposes. --- # 5. Should the notice of appeal be filed before or after disposition of the Rule 1 motion? ## Safest course: file after disposition Because the planned Rule 1 motion is expected to be decided on July 10, 2026, and because a timely Rule 1 motion tolls the appeal, the cleanest and safest plan is: **Do not rely on a premature notice. File a proper notice of appeal after the July 10 order is entered, no later than August 10, 2026.** ## Permissible but less clean option: protective premature notice Rule 5 provides that a notice of appeal filed after judgment but before disposition of a timely Rule 1 motion becomes effective upon disposition. So, if a Rule 1 motion has been timely filed, a premature notice filed before July 10 may be permitted and may become effective when the motion is disposed of. However, the stated rule expressly says that **filing a proper later notice is safer**. Therefore, the recommended preservation plan is: - If the Rule 1 motion is timely filed, wait for the court’s disposition. - After the July 10 order is entered, file the notice of appeal by **August 10, 2026**. ## Practical recommendation If counsel wants extra protection, they may file a protective notice before disposition, but they should still file a proper post-disposition notice by August 10, 2026 to avoid any ambiguity. The safest single strategy is simply to file after disposition by the new deadline. --- # 6. Consequence chart for each separate deadline | Deadline | What must be done | Consequence of missing the deadline | |---|---|---| | **May 11, 2026** — local reconsideration motion deadline | File local motion for reconsideration of the evidentiary ruling within 10 days after judgment. | Loss of the local reconsideration opportunity. But this deadline is separate from the appeal clock; missing it would not itself toll or extend the appeal. Here, the motion was filed on May 8, 2026, so this deadline was met, but the motion still does not toll the appeal. | | **May 15, 2026** — attorney-fee motion deadline | File a timely motion for attorney fees under the fee-shifting statute. | The fee claim is untimely. Under the stated rule, the client loses the right to recover attorney fees on that claim. The late fee motion does not toll the merits appeal. | | **May 29, 2026** — Rule 1 motion deadline | File a timely motion to alter or amend the judgment to add $42,000 prejudgment interest and, in the alternative, a new trial based on the witness exclusion. | The client loses the opportunity to seek post-trial alteration/amendment or new trial by Rule 1 motion. The appeal clock is not tolled. A later July 10 decision does not create a new appeal period if the motion was not timely filed. If no other tolling applies, the notice of appeal must still be filed by June 1, 2026. | | **June 1, 2026** — original untolled notice-of-appeal deadline | File a notice of appeal from the May 1, 2026 judgment if no timely Rule 1 motion tolls the appeal. | The appeal from the May 1 judgment is lost. The judgment becomes final and is not ordinarily subject to direct appellate review. | | **August 10, 2026** — new notice-of-appeal deadline after timely Rule 1 motion decided July 10, 2026 | File a notice of appeal from the final judgment/order disposing of the timely Rule 1 motion. | The appeal from the final disposition of the Rule 1 motion is lost. The judgment and the July 10 order become final for ordinary direct-appeal purposes. | --- # 7. Final recommended sequence 1. **By May 15, 2026:** File the attorney-fee motion. Do not wait for the merits motion to be decided. 2. **By May 29, 2026:** File a Rule 1 motion that expressly requests: - alteration or amendment of the judgment to add $42,000 in prejudgment interest; and - in the alternative, a new trial based on the witness exclusion. 3. **Do not rely on the May 8 motion.** It was timely as a local reconsideration motion, but it does not request Rule 1 relief and does not toll the appeal. 4. **If the Rule 1 motion is not filed by May 29, 2026:** File the notice of appeal by **June 1, 2026**. 5. **If the Rule 1 motion is timely filed and denied on July 10, 2026:** File the notice of appeal after disposition, no later than **August 10, 2026**. 6. **Notice-of-appeal timing:** The safest course is to file after the court disposes of the timely Rule 1 motion. A premature notice filed before disposition is permitted and becomes effective upon disposition, but a proper later notice is safer.