Supreme Court Rules - Rule 81 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Appeals: Judgments, When Final - Premature Filing of Notice of Appeal

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Supreme Court Rules

		Section/Rule:	81.05
Subject:	Rule 81 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Appeals	Publication / Adopted Date:	June 13, 1979
Topic:	Judgments, When Final - Premature Filing of Notice of Appeal - Computation of Time	Revised / Effective Date:	January 1, 2000

81.05. Judgments, When Final - Premature Filing of Notice of Appeal - Computation of Time

(a) Finality as Affected by After-Trial Motions. For the purpose of ascertaining the time within which an appeal may be taken:

(1) A judgment becomes final at the expiration of thirty days after its entry if no timely authorized after-trial motion is filed.

(2) If a party timely files an authorized after-trial motion, the judgment becomes final at the earlier of the following:

(A) Ninety days from the date the last timely motion was filed, on which date all motions not ruled shall be deemed overruled; or

(B) If all motions have been ruled, then the date of ruling of the last motion to be ruled or thirty days after entry of judgment, whichever is later.

(3) The filing and disposition of such motions has the same effect on time for appeal in all cases whether or not the motion has any function other than to seek relief in the trial court.

(b) Premature Filing of Appeal. In any case in which a notice of appeal has been filed prematurely, such notice shall be considered as filed immediately after the time the judgment becomes final for the purpose of appeal.

(c) Computation of Time. The ninety-day period shall be computed as in Rule 78.06.

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended July 27, 1979. Amended June 1, 1993, eff. Jan. 1, 1994; Sept. 26, 1995, eff. July 1, 1996; May 27, 1999, eff. Jan. 1, 2000.)