What if the judge has not ruled on my motion for reconsideration?
You might file an appeal if the judge has not ruled on your motion for consideration as of the appellate deadline. Decision made on case by case basis.
Should I file an appeal if the judge has not ruled on my motion for reconsideration as of the appellate deadline?
This type of decision should be made on a case by case basis. If you are unable to deal with the judge’s ruling until your case is over, it is worth considering a strategy where you appeal the non-final order while the trial court’s decision on the motion for reconsideration is still pending. Then, after filing the notice of appeal, you seek an order from the appellate court to remand jurisdiction back to the trial court to rule on the motion for reconsideration for a short duration (30-45 days.) By taking this step, you preserve your ability to seek relief in the appellate court while still giving the trial judge an opportunity to correct their decision so that an appeal becomes unnecessary.
Furthermore, some trial judges will take more time to consider your motion for reconsideration if they know you have already taken active efforts to appeal their decision. Nearly all judges strive to make the correct ruling. By filing the notice of appeal, you will show the trial judge that you are confident their decision is incorrect and that you are willing to spend the money to have their decision corrected. This might help the trial judge take your argument more seriously, especially if the potential appeal involves a unique area of the law.
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