Monday, September 17th, 2007...12:15 pm
DAlaska: Time for Reconsideration Motion
Reconsideration motions are due within five days “after entry” of the order. Local Rule 59.1(b)(1). Entry occurs when the clerk “serves” the written order (or the clerk’s minutes, if there is no written order) by entering it into the ECF system. LR 59.1(b)(3). Because LR 5.3(f)(2) equates electronic filing with service by first class mail, and because F.R.Civ.P. 55(b)(2)(D) and 6(e) require an additional 3 days for mail service, the party moving for reconsideration has 8 days from entry of the ECF filing (not counting the first day or intervening non-business days) to file a motion for reconsideration. Whether the party seeking reconsideration had earlier actual notice of the order (e.g., heard the court’s oral order) is irrelevant.
Rountree v. Ching Feng Blinds Industry Co., 2007 WL 2669932 (D.Alaska Sept. 10, 2007).
Leave a Reply
You must be logged in to post a comment.