Five Post-Trial Motions that Toll The Time for Appeal
July 2, 2019 § Leave a comment
MRAP 4(d) reads in part this way:
(d) Post-trial Motions in Civil Cases. If any party files a timely motion of a type specified immediately below the time for appeal for all parties runs from the entry of the
order disposing of the last such motion outstanding. This provision applies to a timely motion under the Mississippi Rules of Civil Procedure (1) for judgment under Rule 50(b); (2) under Rule 52(b) to amend or make additional findings of facts, whether or not granting the motion would alter the judgment; (3) under Rule 59 to alter or amend the judgment; (4) under Rule 59 for a new trial; or (5) for relief under Rule 60 if the motion is filed no later than 10 days after the entry of judgment. * * *
A R50(b) is one for a directed verdict or JNOV, which means that it applies only in jury trials where the jury is to render a binding verdict. The only time you would see this in chancery is in a will contest with a jury. In the rare and unlikely case of an advisory jury, this rule would not apply (see Advisory Committee Notes).
R52 allows any party to request the court to make specific findings of fact and conclusions of law.
R59 provides two avenues of relief: R59(a) is a motion for new trial, pursuant to which the chancellor may “take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct entry of a judgment;” R59(e), on the other hand, is a motion to alter or amend the judgment.
A R60 motion for relief from judgment filed within ten days of the date of the judgment will toll running of the appeal time; in essence, if it is filed within the ten-day period, it is treated the same as a R59 motion.
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