Final judgment rule - Next Generation Bar Exam

1. Which post-judgment motions, if timely, suspend the time to file a notice of appeal?

   Motions under Rules 50(b), 52(b), or 59, and Rule 60 motions filed within 28 days of judgment. The appeal period runs from the order disposing of the last such motion.

2. On what showing may a district court extend the time to file a notice of appeal?

   Excusable neglect or good cause, on a motion filed no later than 30 days after the original period expires. The extension may not exceed 30 days after the original deadline or 14 days after the order granting it, whichever is later.

3. Under 28 U.S.C. section 1291, over which district court rulings do the courts of appeals have jurisdiction?

   Final decisions. Interlocutory orders are reviewable only under specific exceptions.

4. Within what time must a notice of appeal be filed in a civil case in which the United States is not a party?

   Within 30 days after entry of the judgment. The period is 60 days when the United States or its officer or agency is a party.

5. What is a final decision for purposes of section 1291?

   One that ends the litigation on the merits and leaves nothing for the court to do but execute the judgment. A decision resolving only some issues, such as liability without damages, is not final.

6. Within what time may another party file a cross-appeal after the first notice of appeal?

   Within 14 days after the first notice is filed, or within the original appeal period if later. The cross-appeal deadline protects parties who would not have appealed alone.

7. When a judgment is not set out in a separate document as Rule 58 requires, when is it deemed entered?

   150 days after entry in the civil docket. This rule ensures that the time to appeal eventually begins to run.

8. A district court grants partial summary judgment on liability and sets a trial on damages. When may the defendant appeal the liability ruling?

   After final judgment on damages. A ruling on liability alone does not end the litigation and is not a final decision.

9. What policies underlie the final judgment rule?

   Avoiding piecemeal appeals, promoting efficiency, and respecting the trial court's management of the case. Most errors can be corrected on appeal from the final judgment.

10. A court enters judgment on the merits but has not yet ruled on a pending motion for attorney's fees. When does the time to appeal the merits judgment begin to run?

    On entry of the merits judgment. An unresolved request for attorney's fees does not prevent the merits judgment from being final.

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