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US courts of appeals

What is the deadline for appeal time restarted by a tolling post-judgment motion?

Appeal time restarted by a tolling post-judgment motion is governed by Fed. R. App. P. 4(a)(4)(A). This page does not calculate a date. Three variables must be resolved by a human before the date is relied on. Read the rule text and the noted conditions before relying on any date.

Read why no date is calculated
Period
30 calendar days
Trigger
Entry of the order disposing of the last remaining timely motion under FRCP 50(b), 52(b), 54 (fees, where the district court extends under Rule 58), 59 (alter/amend or new trial), or 60 (if filed within the Rule 59 period)
Rule
Fed. R. App. P. 4(a)(4)(A)
Federal Rules of Appellate Procedure

Federal Rules of Appellate Procedure amended through 2025

Source guide · No automated date

Why this page does not calculate a date

Three variables must be resolved by a human before the date is relied on. (1) The restarted period is 30 days, or 60 days if a qualifying United States party is present under FRAP 4(a)(1)(B). (2) The motion must have been TIMELY under the governing civil rule; an untimely Rule 59 motion does not toll. (3) The clock runs from disposal of the LAST remaining listed motion, so all pending motions must be identified. In a bankruptcy appeal FRAP 6(a) substitutes the shorter Bankruptcy Rule equivalents.

"If a party files in the district court any of the following motions under the Federal Rules of Civil Procedure - and does so within the time allowed by those rules - the time to file an appeal runs for all parties from the entry of the order disposing of the last such remaining motion."

Fed. R. App. P. 4(a)(4)(A)
Read FRAP 4

Which date starts the 30-day period?

The period runs from the entry of the order disposing of the last remaining timely motion under FRCP 50(b), 52(b), 54 (fees, where the district court extends under Rule 58), 59 (alter/amend or new trial), or 60 (if filed within the Rule 59 period).

Count forward from the trigger event. Confirm the event on the docket or in the service record before entering a date.

"If a party files in the district court any of the following motions under the Federal Rules of Civil Procedure - and does so within the time allowed by those rules - the time to file an appeal runs for all parties from the entry of the order disposing of the last such remaining motion."

Fed. R. App. P. 4(a)(4)(A)
Read FRAP 4
Entry, service and receipt are different events.

This is a docket-entry calculation. Do not substitute the day an email arrived, the day you read the order or the day of the hearing.

Which date do I enter?

How are the 30 calendar days counted?

  1. Exclude the day of the trigger event.
  2. Count every following day, including intermediate Saturdays, Sundays and legal holidays.
  3. If the last day is a Saturday, Sunday or legal holiday, continue to the next day that is not one of those.

Exclude the trigger day and count calendar days under FRAP 26(a).

If the final day is a Saturday, Sunday or legal holiday, FRAP 26(a) carries it to the next open day.

FRAP 26(a) also treats a day on which the clerk’s office is inaccessible as excluded from the last day, and sets the electronic filing cutoff at midnight in the time zone of the circuit clerk’s principal office. Circuit local rules and briefing orders often control; the national calculation does not read them.

Read FRAP 26(a)
National rules do not establish local facts.

The calculation gives the ordinary national-rule date. Check relevant holidays, the court’s accessibility and its filing cutoff separately.

Review the filing checklist

Why no worked calculation is shown

No date is calculated on this page because the encoded provision could not be reduced to one fixed period. Read the rule text, the starting event and the noted branches, then confirm the period in the current rules before relying on any date.

ResultNo automatic date is published for this provision.

Three variables must be resolved by a human before the date is relied on. (1) The restarted period is 30 days, or 60 days if a qualifying United States party is present under FRAP 4(a)(1)(B). (2) The motion must have been TIMELY under the governing civil rule; an untimely Rule 59 motion does not toll. (3) The clock runs from disposal of the LAST remaining listed motion, so all pending motions must be identified. In a bankruptcy appeal FRAP 6(a) substitutes the shorter Bankruptcy Rule equivalents.

Can an order, motion or extension change the deadline?

Extensions
JURISDICTIONAL. No court of appeals extension (FRAP 26(b)(1)).
Orders and local rules
A scheduling order, stipulation approved by the court, standing order or local rule can set a different period and controls over the national default.
Read FRAP 4
  • JURISDICTIONAL. No court of appeals extension (FRAP 26(b)(1)).
  • A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.
  • Three variables must be resolved by a human before the date is relied on. (1) The restarted period is 30 days, or 60 days if a qualifying United States party is present under FRAP 4(a)(1)(B). (2) The motion must have been TIMELY under the governing civil rule; an untimely Rule 59 motion does not toll. (3) The clock runs from disposal of the LAST remaining listed motion, so all pending motions must be identified. In a bankruptcy appeal FRAP 6(a) substitutes the shorter Bankruptcy Rule equivalents.

What should I check before filing?

These checks help you review the result. They do not activate a calendar date or certify that the deadline applies.

Common questions

Find answers about when this 30-day period starts, how it is counted, what can change it and how to keep your calculation.

Starting the clock

Does the clock start on the entry of the order disposing of the last remaining timely motion under FRCP 50(b), 52(b), 54 (fees, where the district court extends under Rule 58), 59 (alter/amend or new trial), or 60 (if filed within the Rule 59 period), or when I first learned of it?

The period runs from the entry of the order disposing of the last remaining timely motion under FRCP 50(b), 52(b), 54 (fees, where the district court extends under Rule 58), 59 (alter/amend or new trial), or 60 (if filed within the Rule 59 period) as the rule defines it, not from the day you read about it, received a courtesy copy or attended a hearing. Use the date shown on the docket or in the service record.

Read FRAP 4

Do I add three days because the document arrived by mail?

Not to this period. FRAP 26(c) concerns periods measured after service. This period runs from the entry of the order disposing of the last remaining timely motion under FRCP 50(b), 52(b), 54 (fees, where the district court extends under Rule 58), 59 (alter/amend or new trial), or 60 (if filed within the Rule 59 period), so no mailing days are added.

FRAP 26(c)

Counting days and filing

Is it 30 calendar days or business days?

Calendar days. Count intermediate weekends and holidays. If the final day is a Saturday, Sunday or legal holiday, FRAP 26(a) carries it forward to the next day that is not one of those.

FRAP 26(a)

Which time zone and filing cutoff apply?

Under FRAP 26(a)(4), electronic filing ends at midnight in the time zone of the circuit clerk’s principal office unless a different time is set. Paper filing ends when the clerk’s office is scheduled to close. This calculator does not verify either fact.

FRAP 26(a)

What if the court is inaccessible on the last day?

FRAP 26(a)(3) extends the period to the first accessible day that is not a weekend or legal holiday when the clerk’s office is inaccessible on the last day. Check the circuit’s closure notices and orders.

FRAP 26(a)

Extensions and local rules

Can the court extend this deadline?

JURISDICTIONAL. No court of appeals extension (FRAP 26(b)(1)). A request does not itself extend the period, and no discretionary extension is calculated here.

Read FRAP 4

Do local rules, standing orders or a scheduling order change the date?

They can. Many courts set their own periods by local rule, standing order or case-specific order, and those control over the national default. This calculator gives the national-rule date only; compare it with any order in the case before relying on it.

Choosing the right calculator

Does this calculator decide whether the rule applies to my case?

No. It calculates a period from the date you provide under the cited rule. It does not decide whether the rule governs your filing, whether an exception applies, or whether the filing has merit. Those questions need separate review.

Can I calculate the deadline without an account?

Yes. Enter the trigger date to see the free national-rule calculation, citation, counting steps and warnings. You can add court context after the result. Missing court review keeps the result provisional.

Results, records and your case

What is included in an Evidence Record?

The retained inputs, result, cited rule, calculation working, warnings and review state. The PDF includes a payload digest and retained-data appendix, and the record can be verified against its fingerprint later. It records the calculation, not a guarantee of legal correctness.

Does saving to a case activate the calendar?

Not automatically. Provisional records remain subject to review. A separately labeled manual date does not alter the original calculation.

Official sources and review

The period and the counting method come from different provisions. The official source is the court’s published rules; the reading links open the rule text at the Legal Information Institute.

Provisions used in this guide
ProvisionPurpose
Fed. R. App. P. 4(a)(4)(A)Trigger and period
FRAP 26(a)Counting, legal holidays and the last day
Read the official Federal Rules of Appellate Procedure

Rule record reviewed . Guide sources checked . Next source check .

Published by Deadline Engine. This tool calculates the ordinary period under the cited rule. It does not decide whether the rule applies, obtain an extension or file anything for you.

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