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JJSeabrook

02/04/13 11:43 AM

#26316 RE: coolerheadsprevail #26315

cool, I'd have to go back and look at those when I get a little time. For instance, however, a Rule 59 Motion for New Trial does not specify a deadline for a response to be filed at all. It does, however, set a deadline of 14 days for opposing affidavits to be filed. I'd have to go look at the local rule to see what the response time is that the Court has set. I may have done that before, but can't remember. There is actually no provision in the Federal Rule 59 for there to be any reply at all to a response to a Motion for New Trial, but the local rule may have such a provision.

I'll try to take a look at this in the evening. I kind of get dumped on each Monday.

One thing, kind of OT, to point out is that an order denying a motion for new trial is generally not appealable. Under exceptional circumstances, an order denying a motion for new trial may be appealable when new matters arise after the entry of judgment.