Time Limitations for Appeals

Civ Pro on the MBE can get very technical. I expected it might not but now that we've got enough released questions, it seems the writers don't shy away from the very specific time limitations and such. One area where this could come up is with appeals.

The beginning of an appeal occurs when a notice of appeal is filed with the district clerk within 30 days from the entry of the judgment appealed from. The timeline is extended to 60 days if one of the parties is the United States, a United States agency, or a United States officer/employee sued in an official capacity. I've never seen that 60-day nuance tested, however. 

A variety of motions can affect the 30-day rule, though. If a timely renewed motion for judgement as a matter of law, a motion for a new trial, or a motion to set aside/amend the judgment is made (among a few others), the 30-day limitation no longer applies. Rather, a 30-day period will begin to run only upon an entry of an order disposing of the motion.

Extensions to the 30-day period are allowable under limited circumstances. The district court may extend the time to file a notice of appeal if a party moves for the extension no later than 30 days after the time to file the notice of appeal has expired. In addition, an extension is allowable regardless of whether the motion is filed no later than 30 days after the time to file the notice of appeal has expired if there is a showing of excusable neglect or of good cause. 

In limited situations, the court also may reopen the time to appeal for a period of 14 days after the date when its order to reopen is entered. These situations are as follows: the party seeking appeal did not timely receive notice of entry of judgment; the motion for extension is filed within 180 days of the judgment or within 14 days of receiving notice of judgment, whichever is earlier; and the opposing party will not be prejudiced.