Lisa Rubin Profile picture
@MSNOWnews senior legal reporter & recovering litigator; former: off-air legal analyst @maddow, @wagnertonight. Don’t let the pearls fool ya.

Feb 7, 2024, 5 tweets

This morning, @morningmika asked me whether Donald Trump has posted a bond with respect to the recent $83.3 million E. Jean Carroll verdict. I told her I didn't think so, especially because the triggering event -- the filing of a judgment -- had not yet happened. 1/

And I was right. The jury reached its verdict on 1/26, but there is still no judgment, which is what triggers not only the deadline for posting a bond but also kicks off deadlines for post-trial motions. 2/

And here's what's really odd. Under the Federal Rules of Civil Procedure, the court and/or the clerk of court are required to enter judgment promptly after a verdict. Indeed, Judge Lew Kaplan entered judgment in the first Carroll trial on May 11, 2023, two days after the May 9th jury verdict. 3/

So why is the clock for Trump's bond and post-trial motions, including Alina Habba's promised motion for a new trial, not yet ticking? I don't know--but I'd really like to find out. FIN.

p.s. Note that the entry of the judgment also triggers Trump's time to file a notice of appeal. He could do so before a judgment, but there's zero advantage to doing it that way, especially because the rules treat a pre-judgment appeal as if it is filed on the date judgment is entered.

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