(a) F.R.Civ.P. refers to Rule
12 F.R.Civ.P. Pursuant to Rule
this reference is to Rule
12 F.R.Civ.P. as incorporated and modified by Rule
The rule is amended by limiting the time for filing post judgment motions for amended or additional findings. In 2009, Rule
52 F. R. Civ. P. was amended to extend the deadline for filing those post judgment motions to no later than 28 days after entry of the judgment. That deadline corresponds to the 30-day deadline for filing a notice of appeal in a civil case under Rule
(a)(1)(A) F. R. App. P. In a bankruptcy case, the deadline for filing a notice of appeal is 14 days. Therefore, the 28-day deadline for filing a motion for amended or additional findings would effectively override the notice of appeal deadline under Rule
but for this amendment.
The rule is amended to clarify that the reference in Rule
52 F. R. Civ. P. to Rule
58 F. R. Civ. P. and its provisions is construed as a reference to the entry of a judgment or order under Rule
Changes Made After Publication. No changes since publication.
The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.