Effect Of Post-Judgment Motions On The Time To Appeal

There are a number of reasons why parties in a civil case might consider filing a post-judgment motion before appealing an adverse decision.¹ In fact, sometimes, a post-judgment motion is required to preserve an issue for appeal. For example, in both Michigan and federal courts, a party must file a motion for judgment notwithstanding the verdict (renewed motion for judgment as a matter of law in federal parlance) if it wishes to challenge the sufficiency of the evidence supporting a jury verdict.² It is important to know how such motions impact the applicable appeal deadline.³

State Court

In general, an appeal of right in a civil case must be filed within 21 days of the entry of judgment in a Michigan court. MCR 7.204(A)(1)(a). That deadline, however, is tolled by the timely filing of a "motion for new trial, rehearing, reconsideration, or other relief from the order or judgment appealed." MCR 7.204(A)(1)(d). If one of these motions is filed, the 21-day