A motion for reconsideration filed after post-judgment motion tolls the time to appeal, right? Maybe. One court described this as a “particularly well-camouflaged trap for the unwary.”
Because there is ongoing disagreement on a court’s ability to hear a motion for reconsideration post-judgment, attorneys should be painfully aware that their time to appeal the underlying judgment or post-judgment motion is not necessarily tolled by the filing of a motion for reconsideration. An attorney may wind up in the unenviable position of having a motion for reconsideration still pending with the trial court when time to appeal the underlying judgment or post-judgment motion they are asking for reconsideration runs out. Prudence suggests that you file the notice of appeal to protect the appeal. The result? The trial court is arguably divested of jurisdiction when you file your notice and probably does not have jurisdiction to hear your motion for reconsideration. But no one ever said practicing law was for the faint of heart.