United States · Federal district-court post-judgment motion
When must I file a motion to alter or amend judgment?
Rule 59(e) requires filing a motion to alter or amend judgment no later than twenty-eight days after judgment entry. Establish entry under Rule 58(c). Rule 6(b)(2) prohibits enlarging this time. A timely filing does not establish the merits or automatically decide the separate appeal consequences.
- Period
- 28 calendar days after independently established judgment entry
- Trigger
- Independently established judgment entry under Rule 58(c)
- Rule
- FRCP 59(e)
December 1, 2025 compilation
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Which event starts this motion period?
Use the twenty-eight-day filing period for an actual Rule 59(e) motion to alter or amend judgment.
Confirm the motion’s substance and applicable classification. A reconsideration label alone does not establish Rule 59(e), entitlement to relief or qualifying appeal-time consequences.
Establish judgment entry under Rule 58(c) through the actual civil docket and any required separate document. Announcement, verdict, signature and notice receipt do not automatically establish entry.
FRCP 58(c)How are the twenty-eight calendar days counted?
- Establish judgment entry and the actual motion.
- Exclude the entry day.
- Count twenty-eight calendar days.
- Apply qualifying final-day holidays or inaccessibility and verify filing.
Exclude the independently established judgment-entry date. Count every following calendar day, including intermediate Saturdays, Sundays and legal holidays. These are district-court Civil Rules motions, even though the catalogue groups them beside appeal-related motions.
Rule 6(a)(1) carries a final Saturday, Sunday or legal holiday to the next qualifying day. Rule 6(a)(6) includes federal and President or Congress declared holidays. For this forward period, check additional holidays declared by the state where the district court is located. Qualifying clerk inaccessibility under Rule 6(a)(3) is a separate condition.
FRCP 6(a)(1)What does an independently checked example show?
Fictitious example
Fictitious judgment entry is independently established as July 6. No additional declared holiday, clerk inaccessibility or disputed motion classification is assumed.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Independently established judgment entry | July 6, 2026 |
| Count | Twenty-eight days after entry, excluding entry | August 3, 2026 |
Fictitious dates. No additional declared holiday, clerk inaccessibility or disputed motion classification is assumed.
Try these dates in the calculatorWhich conditions need separate review?
- A motion to alter or amend judgment
- Confirm the motion’s substance and applicable classification. A reconsideration label alone does not establish Rule 59(e), entitlement to relief or qualifying appeal-time consequences.
- Established entry
- Rule 58(c) uses civil-docket entry when no separate document is required. If one is required, establish docket entry and the earlier of the separate document or 150 days from docket entry. This page does not derive that date.
- No routine enlargement
- Rule 6(b)(2) prohibits enlarging time under FRCP 59(e). An agreement or requested extension does not establish timely filing.
- Separate appeal consequences
- FRAP 4(a)(4) addresses listed motions filed within their allowed time and the order disposing of the last remaining motion. This page does not determine whether a filing qualifies or calculate appeal expiry.
- Separate service and local instructions
- Read the district’s filing requirements and applicable service provisions. A notice, draft, service attempt or merits argument does not establish completed timely filing.
- This page does not determine the motion’s merits or establish proper motion classification.
- It does not establish completed filing, an automatic extension, a stay or a notice-of-appeal deadline.
What should I verify before filing?
Common questions
A motion to alter or amend judgment
Does every motion labeled reconsideration use Rule 59(e)?
No. This preset assumes an actual Rule 59(e) motion. It does not decide classification from the label, substitute Rule 60 relief or determine entitlement to alteration.
FRCP 59(e)Is this an appellate-court filing?
No. The motion seeks relief in the district court under the Civil Rules. Its possible effect on appeal timing is a separate Rule 4(a)(4) question.
FRAP 4(a)(4)Can an ordinary good-cause extension enlarge this period?
No. Rule 6(b)(2) prohibits extending time to act under FRCP 59(e). Its prohibition is separate from Rule 6(a)’s computation and qualifying clerk-inaccessibility provisions.
FRCP 6(a)(1)–(6) and (b)(2)Does mailed notice of judgment add three days?
No. The operative event is judgment entry, or the specifically applicable Rule 50(b) jury discharge. Rule 6(d) concerns specified periods after service. It does not replace either event.
FRCP 6(d)Official sources and scope
Provisions used (6)
| Provision | Purpose |
|---|---|
| FRCP 59(e) | This motion, conditions and period |
| FRCP 58(c) | Established judgment entry |
| FRCP 6(a)(1) | Calendar-day computation |
| FRCP 6(a)(1)–(6) and (b)(2) | Final-day conditions, district filing and prohibition on enlargement |
| FRCP 6(d) | Service addition does not replace the actual event |
| FRAP 4(a)(4) | Separate listed-motion consequences for appeal timing |