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Source Delaware and Federal Civil Procedure Official Sources Matched to this deck.

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0 tracked cards Delaware Essays

After federal judgment was entered, the losing party timely filed a Rule 59 motion for a new trial. The trial court denied the new-trial motion, and the clerk entered the denial order. The losing party filed a notice of appeal from the judgment 25 days after entry of the denial order. The respondent argues that the original 30-day period from judgment had expired. Which statement is most accurate?

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The notice is timely if the new-trial motion was valid and the notice of appeal was filed within the applicable Rule 4(a)(4) extension period. The notice is timely because any posttrial motion gives a party one year to appeal. The notice is timely only if the trial court expressly granted permission to appeal late. The notice is timely only if the respondent waived the deadline by arguing the new-trial motion on the merits.

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