Post-Trial & Appeal | section1983.org

What happens at this stage

The trial is over. A verdict has been entered. But the case isn’t necessarily done. Both sides have options — and strict deadlines.

Post-trial motions

Rule 50(b) — Renewed judgment as a matter of law

If the defendant moved for judgment as a matter of law during trial (Rule 50(a)) and was denied, they can renew the motion after the verdict. The argument: no reasonable jury could have reached this verdict.

Deadline: 28 days after entry of judgment.

This is a high bar. Courts are reluctant to overturn jury verdicts. But if the evidence was truly one-sided and the jury went the other way, it can happen.

If you lost, you can file a Rule 50(b) motion too — but only if you moved for judgment as a matter of law during trial. If you didn’t make the motion during trial, you can’t make it after.

Rule 59 — New trial

Either side can move for a new trial within 28 days of judgment. Grounds include:

Errors during trial — improper jury instructions, improperly admitted/excluded evidence, judicial misconduct
Verdict against the weight of evidence — the jury’s conclusion is seriously erroneous (higher bar than “I disagree”)
Newly discovered evidence — evidence you couldn’t have found during the case with reasonable diligence
Misconduct — jury misconduct, attorney misconduct, witness perjury discovered after trial

Courts grant new trials more readily than they grant Rule 50(b) motions, because a new trial gives both sides another chance rather than taking the decision away from the jury entirely.

Rule 59(e) — Alter or amend judgment

A narrow motion to correct errors in the judgment itself — not to re-argue the case. Used when:

The court made a clear error of law
New evidence emerged that wasn’t available before judgment
The judgment needs to be amended to prevent manifest injustice

Deadline: 28 days after entry of judgment.

Rule 60(b) — Relief from judgment

A broader safety valve for extraordinary circumstances. Available for:

Mistake, inadvertence, surprise, or excusable neglect
Newly discovered evidence (that couldn’t have been found earlier with due diligence)
Fraud, misrepresentation, or misconduct by the opposing party
The judgment is void
The judgment has been satisfied or is no longer equitable
“Any other reason that justifies relief” (the catch-all — very rarely granted)

Deadline: “reasonable time” — but for grounds (1)-(3), no more than one year after judgment.

Rule 60(b) is not a second appeal. Courts use it sparingly. But if you discover that the defendant committed fraud during the case (e.g., fabricated evidence, hid exculpatory material), this is your mechanism.

Attorney’s fees (§ 1988)

If you prevailed — won on at least one claim — you may be entitled to recover attorney’s fees under 42 U.S.C. § 1988.

For represented plaintiffs

Your attorney files a fee petition documenting their hours, rates, and expenses. The defendant fights the amount. The court decides what’s reasonable.

For pro se plaintiffs

The law here is less favorable. Under Kay v. Ehrler (1991), pro se plaintiffs who are not attorneys generally cannot recover attorney’s fees under § 1988. The rationale: § 1988 is designed to incentivize lawyers to take civil rights cases, not to compensate pro se litigants.

However, you may be able to recover:

Litigation costs — filing fees, deposition costs, copying, postage, travel
Expert witness fees — if you retained experts
Other expenses — as allowed by 28 U.S.C. § 1920

If you hired an attorney for limited-scope work (e.g., trial only), fees for that work may be recoverable.

Fee petition timing

File your fee petition within 14 days of entry of judgment (per Federal Rule of Civil Procedure 54(d)(2)). Check your local rules — some districts have different deadlines.

Don’t miss this deadline. Fee recovery can be substantial — in some cases, fees exceed the damages award.

Appeal

Notice of appeal

If you want to appeal the judgment (or any final order), you must file a notice of appeal within 30 days of entry of judgment.

This deadline is jurisdictional. It cannot be waived, extended (except in narrow circumstances), or excused. If you miss it by one day, the circuit court has no power to hear your appeal. Your case is over.

The notice of appeal is a simple document — typically one page — filed in the district court. It states that you are appealing [specific orders/judgment] to the [circuit] court of appeals.

Post-trial motions toll the appeal deadline. If you file a timely Rule 50(b), Rule 59, or Rule 60(b)(1)-(3) motion, the 30-day appeal clock restarts when the court rules on that motion.

The appellate process

Record on appeal — the district court clerk transmits the trial record to the circuit court
Briefing: Opening brief (appellant) → Response brief (appellee) → Reply brief (appellant)
Oral argument — not guaranteed. The court may decide on the briefs alone.
Decision — the circuit court issues an opinion

Standards of review

The circuit court doesn’t retry your case. It reviews the district court’s decisions under different standards depending on the issue:

De novo (fresh review, no deference): questions of law — qualified immunity determinations, jury instruction errors, statutory interpretation
Clear error: factual findings by the judge (in bench trials)
Abuse of discretion: procedural rulings — discovery decisions, evidentiary rulings, penalties for misconduct

Why this matters: if the trial judge made a factual finding you disagree with, you need “clear error” — a much harder standard than “the judge got it wrong.” But if the judge applied the wrong legal standard, de novo review means the circuit court decides the legal question fresh.

Preserving issues for appeal

You can only appeal issues you raised in the district court. If you didn’t object to a jury instruction at trial, you can’t challenge it on appeal (except for “plain error” — an extremely high bar).

This is why making timely objections at every stage matters. Every objection you make — and every one the court overrules — is preserved for appeal. Every objection you don’t make is waived.

Possible outcomes

Affirmed — the circuit court agrees with the district court. Your loss stands (or your win stands, if the defendant appealed).
Reversed — the circuit court disagrees. The judgment is overturned.
Reversed and remanded — the circuit court sends the case back to the district court for further proceedings (new trial, additional findings, etc.)
Affirmed in part, reversed in part — some issues affirmed, others reversed.

Petition for rehearing / en banc

If you lose at the circuit court, you can petition for:

Rehearing — asking the same panel to reconsider
Rehearing en banc — asking the full circuit court to hear the case (rarely granted)

Petition for certiorari (Supreme Court)

If you lose at the circuit court, you can petition the Supreme Court for review. The cert petition must be filed within 90 days of the circuit court’s judgment (or denial of rehearing).

The Supreme Court grants cert in fewer than 1% of petitions. Pro se cert petitions succeed at roughly 0.03%. But if your case raises a circuit split or a significant constitutional question, it’s worth filing. It costs $300 (or free if IFP).

What to expect

Post-trial and appeal can take 1-3 years. The emotional toll is significant — you survived trial, won or lost, and now face more uncertainty.

If you won: defendants may appeal. Protect your verdict by filing a strong response brief.

If you lost: evaluate honestly whether you have appellate issues. Not every loss should be appealed. But if the district court made legal errors — wrong jury instructions, improper summary judgment, qualified immunity applied incorrectly — an appeal is worth pursuing.

Timeline

Post-trial motions: 28 days after judgment
Notice of appeal: 30 days after judgment (or after post-trial motion ruling)
Appellate briefing: 3-6 months
Oral argument: if granted, 2-6 months after briefing
Circuit court decision: 2-12 months after argument/submission
Cert petition: 90 days after circuit court judgment
Total post-trial through appeal: 12-36 months