Overview
What this school covers
The final judgment rule and interlocutory appeals; motions under Rules 50, 59 and 60; the notice of appeal and its deadlines; standards of review; void and voidable judgments; enforcing money judgments; and Supreme Court review. Each guide quotes the federal rule, statute or case it relies on.
Final judgment rule
28 U.S.C. § 1291 and its exceptions.
Post-trial motions
Rules 50, 59 and 60.
Notice of appeal
The 30-day deadline and Bowles.
Void judgments
Rule 60(b)(4) and Espinosa.
Enforcing judgments
Execution, liens and registration.
Pages
In this section
Enforcing a Money Judgment: Writs of Execution, Liens and Registration
Fed. R. Civ. P. 55, 69Winning a money judgment does not mean the money arrives on its own. This guide explains how a federal money judgment is…
Post-Trial Motions: Judgment as a Matter of Law, New Trial and Relief From Judgment
Fed. R. Civ. P. 50, 59, 60After a judgment, a party can ask the trial court to change it before or instead of appealing. This guide explains the…
Standards of Review: De Novo, Clear Error and Abuse of Discretion
Fed. R. Civ. P. 52(a)(6)On appeal, the court does not simply retry the case. It reviews each ruling under a standard of review that depends on…
Supreme Court Review: Certiorari and the 90-Day Deadline
Sup. Ct. R. 10, 13The U.S. Supreme Court hears most cases by choosing to grant a petition for a writ of certiorari. This guide explains how…
The Final Judgment Rule and Interlocutory Appeals
28 U.S.C. §§ 1291, 1292In federal court, a party usually may appeal only after the case ends in a final judgment. This guide explains the final…
The Notice of Appeal and Appeal Deadlines
Fed. R. App. P. 3, 4, 10, 28An appeal starts with a short notice of appeal, and missing the deadline usually ends the right to appeal. This guide explains…
Void and Voidable Judgments: When a Judgment Can Be Set Aside
Fed. R. Civ. P. 60(b)(4), 60(c)(1)A judgment entered with a legal error is usually voidable — it stands unless reversed on appeal. A void judgment is different.…
Overview
Studying judgments and appeals
A case does not end when the trial ends. First, the court enters a judgment. Then the losing party may file post-trial motions or an appeal, and the winning party may need to enforce the judgment.
Deadlines matter more here than anywhere else. For example, in federal civil cases the notice of appeal is usually due 30 days after the judgment, and the Supreme Court has held that this deadline is jurisdictional. Similarly, most post-trial motions are due 28 days after judgment.
Our guides cover judgments and appeals in order. First come the final judgment rule and post-trial motions. Next come the notice of appeal and the standards of review. Then come void orders, enforcement and Supreme Court review.
Each guide quotes the federal rule, statute or case it relies on. However, state courts have their own rules and deadlines, so check them too, and talk to a licensed attorney about a real case.
Each guide quotes the rule or case it relies on. For instance, the notice of appeal guide quotes Rules 3 and 4 of the Federal Rules of Appellate Procedure. You can also read the court’s own rules on the website of the Supreme Court of the United States. In addition, the glossary defines terms such as certiorari, supersedeas bond and remand.
However, each state court system sets its own rules for post-trial motions and appeals. As a result, the deadlines in your state may be shorter or longer than the federal ones.
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.