Thursday, April 23, 2015

What constitutes Notice of Entry of Judgment as it relates to deadlines to file Motion for New Trial Notice of Appeal?Does the Court's sig...

Question

What constitutes Notice of Entry of Judgment as it relates to deadlines to file Motion for New Trial & Notice of Appeal?

Does the Court's signature and filing of the Proposed Judgment which the other side & I have been wrangling over constitute such Notice? The Jury Verdict was recorded in the minute order on day of verdict over 2 weeks ago. It appears there are 15 days from Notice of Entry of Judgment to file for New Trial and 30 days from such Notice to file an Appeal. I won 3 of 4 causes of action; however, I wish to appeal 1 cause of action & have a new trial on the damages. Thank you for your timely responses so I know how to move forward. My concern here is timing & procedure.



Answer

For calculating the time frame to appeal or to file a motion for a new trial, the term notice of entry of judgment means an actual document titled "Notice of Entry of Judgment" on it from either the clerk or a party. It does not mean actual knowledge.



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