United States v. Ibarra, 502 U.S. 1 (1991). · Go Syfert
United States v. Ibarra, 502 U.S. 1 (1991). Cases Citing This Book View Copy Cite
675 citation events (460 in the last 25 years) across 60 distinct courts.
Strongest positive: GEFT OUTDOOR LLC v. CITY OF FISHERS, INDIANA (insd, 2022-10-27)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) GEFT OUTDOOR LLC v. CITY OF FISHERS, INDIANA
S.D. Ind. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
the task is to correct . . . the condition that offends the constitution.
examined Cited as authority (verbatim quote) United States v. Christopher Grant (5×) also: Cited as authority (quoted), Cited "see, e.g."
8th Cir. · 2013 · signal: see, e.g. · quote attribution · 4 verbatim quotes · confidence high
motion for rehearing in a criminal case, like a motion for rehearing in a civil case, renders an otherwise final decision of a district court not final until it decides the petition for rehearing.
discussed Cited as authority (quoted) Storey v. Seipel
D. Utah · 2024 · quote attribution · 1 verbatim quote · confidence low
a concession of an issue is generally treated as binding on that party.
examined Cited as authority (quoted) Simmons v. Blinken
D.D.C. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
principles of equitable tolling usually dictate that when a time bar has been suspended and then begins to run again upon a later event, the time remaining on the clock is calculated by subtracting from the full limitations period whatever time ran before the clock was stopped.
examined Cited as authority (quoted) United States v. Bohannon (3×)
D. Conn. · 2017 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
motion for rehearing in a criminal case, like a motion for rehearing in a civil ease, renders an otherwise final decision of a district court not final until it decides the petition for rehearing.
examined Cited as authority (quoted) Slep-Tone Entertainment Corp. v. Karaoke Kandy Store, Inc. (3×)
6th Cir. · 2015 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
he consistent practice in civil and criminal cases alike has been to treat timely petitions for rehearing as rendering the original judgment nonfinal for purposes of appeal for as long as the petition is pending.
examined Cited as authority (quoted) United States v. Cody Carlsen
9th Cir. · 2011 · quote attribution · 1 verbatim quote · confidence low
principles of equitable tolling usually dictate that when a time bar has been suspended and then begins to run again upon a later event, the time remaining on the clock is calculated by subtracting from the full limitations period whatever time ran before the clock was stopped.
examined Cited as authority (quoted) United States v. Buchanan
4th Cir. · 2011 · quote attribution · 1 verbatim quote · confidence low
principles of equitable tolling usually dictate that when a time bar has been suspended and then begins to run again upon a later event, the time remaining on the clock is calculated by subtracting from the full limitations period whatever time ran before the clock was stopped.
examined Cited as authority (quoted) O'Donnell v. Vencor, Inc. (3×) also: Cited "see, e.g."
9th Cir. · 2006 · signal: see also · quote attribution · 1 verbatim quote · confidence low
principles of equitable tolling usually dictate that when a time bar has been suspended and then begins to run again upon a later event, the time remaining on the clock is calculated by subtracting from the full limitations period whatever time ran before the clock was stopped.
examined Cited as authority (quoted) O'Donnell v. Vencor Inc. (3×) also: Cited "see, e.g."
9th Cir. · 2006 · signal: see also · quote attribution · 1 verbatim quote · confidence low
principles of equitable tolling usually dictate that when a time bar has been suspended and then begins to run again upon a later event, the time remaining on the clock is calculated by subtracting from the full limitations period whatever time ran before the clock was stopped.
examined Cited as authority (quoted) Simmons v. Reliance Standard Life Insurance (3×)
5th Cir. · 2002 · quote attribution · 3 verbatim quotes · confidence low
he consistent practice in civil and criminal cases alike has been to treat timely petitions for rehearing as rendering the original judgment nonfinal for purposes of appeal for as long as the petition is pending.
examined Cited as authority (quoted) United States v. Curtis A. Belgarde, United States of America v. Curtis A. Belgarde (6×)
9th Cir. · 2002 · signal: see · quote attribution · 6 verbatim quotes · confidence high
we previously made clear that would-be appellants are entitled to the full 30 days after a motion to reconsider has been decided
examined Cited as authority (quoted) Netzer v. Continuity Graphic Associates, Inc. (3×)
S.D.N.Y. · 1997 · signal: see · quote attribution · 3 verbatim quotes · confidence high
equitable tolling' of a statute means only that the running of the statute is suspended, not that the limitations period begins over again.
discussed Cited as authority (rule) Thomas I. Gage v. Borough of Hopatcong, William Donegan, Peter A. Fico, Morris County Municipal JIF, Municipal Excess JIF, and John K. Ruschke, P.E.
D.N.J. · 2026 · confidence medium
App. P. 4(a)(4)(A)(v), (vi)); see also Nutraceutical Corp. v. Lambert, 586 U.S. 188, 197 (2019) (“A timely motion for reconsideration filed within a window to appeal does not toll anything; it renders an otherwise final decision of a district court not final for purposes of appeal.” (quoting United States v. Ibarra, 502 U.S. 1, 6 (1991))).
discussed Cited as authority (rule) Williamson v. Wilmington Savings Fund
5th Cir. · 2025 · confidence medium
App. P. 4(a) is mandatory and jurisdictional; 7 we lack jurisdiction to review the underlying final judgment. 8 Therefore, only the district court’s _____________________ 3 Nutraceutical Corp. v. Lambert, 586 U.S. 188 , 197 (quoting United States v. Ibarra, 502 U.S. 1, 6 (1991)). 4 See Fed.
discussed Cited as authority (rule) Richard Warner v. City of Marathon
11th Cir. · 2025 · confidence medium
The Supreme Court has explained that “[a] timely motion for reconsideration filed within a window to appeal does not toll anything; it ‘renders an otherwise final decision of a district court not final’ for purposes of appeal.” Nutraceutical Corp. v. Lam- bert, 586 U.S. 188 , 197 (2019) (quoting United States v. Ibarra, 502 U.S. 1, 6 (1991) (per curiam)).
discussed Cited as authority (rule) (PS) Henreid v. Haynes
E.D. Cal. · 2025 · confidence medium
Even if he had, Plaintiff offers no authority suggesting that doing so would eliminate 26 judicial immunity. 27 Plaintiff also misconstrues Mireles’ statement that particular acts, like ordering police to 28 execute a judicial order with excessive force, are not “normally performed by a judge.” 502 U.S. 1 at 12 (citing Stump v. Sparkman, 435 U.S. 349, 362 (1978)).
discussed Cited as authority (rule) United States v. SMITH (2×)
N.M.C.C.A. · 2025 · confidence medium
The fact that appeals are now routed to the courts of appeals does not affect the wisdom of giving district courts the opportunity 21 Id. at 80 (emphasis added) (footnote omitted). 22 429 U.S. 6 (1976) (per curiam). 23 Id. at 6–7. 24 Id. at 7 (footnote omitted). 25 United States v. Ibarra, 502 U.S. 1, 6 (1991) (per curiam). 7 United States v. Smith, NMCCA No. 202400295 Opinion of the Court promptly to correct their own alleged errors, and we must like- wise be wary of imposing added and unnecessary burdens on the courts of appeals.
discussed Cited as authority (rule) Devonwood-Loch Lomond Lake Ass'n
N.C. Ct. App. · 2024 · confidence medium
See, e.g., CTS Corp. v. Waldburger, 573 U.S. [1, 9] (2014) (describing equitable tolling as “a doctrine that pauses the running of, or ‘tolls’ a statute of limitations” (some internal quotation marks omitted)); United States v. Ibarra, 502 U.S. 1, 4, n. 2 [] . . . (1991) (per curiam ) (“Principles of equitable tolling usually dictate that when a time bar has been suspended and then begins to run again upon a later event, the time remaining on the clock is calculated by subtracting from the full limitations period whatever time ran before the clock was stopped.”).
discussed Cited as authority (rule) CHURUK v. HAMPTON<font color=\red\">DO NOT FILE IN THIS CASE</font>"
D.N.J. · 2024 · confidence medium
“In an excessive force claim, the central question is ‘whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm.’” Brooks v. Kyler, 204 F.3d 102, 106 (3d Cir. 2000) (quoting Hudson v. McMillian, 502 U.S. 1, 7 (1992)); see also Conlin v. Hale, 680 F. App’x 120, 122 (3d Cir. 2017).
discussed Cited as authority (rule) Badaiki v. Schlumberger Holdings
5th Cir. · 2023 · confidence medium
On the contrary, a district court responding to a motion for reconsideration ‘necessarily has discretion . . . to reopen a case’ and may change its ruling on the merits.”) (citation omitted). 12 Id. at 867 (citing United States v. Ibarra, 502 U.S. 1, 5 (1991)); see also Fed.
discussed Cited as authority (rule) Saleh v. Garland
E.D.N.Y · 2023 · confidence medium
Nutraceutical Corp. v. Lambert, 139 S. Ct. 710, 717 (2019) (“A timely motion for reconsideration filed within a window to appeal does not toll anything; it ‘renders an otherwise final decision of a district court not final’ for purposes of appeal.” (quoting United States v. Ibarra, 502 U.S. 1, 6 (1991))). the party identifies an ‘intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice.’” Kolel Beth Yechiel Mechil of Tartikov, Inc. v. YLL Irrevocable Tr., 729 F.3d 99, 108 (2d Cir. 2013) (quoting Vi…
cited Cited as authority (rule) PAGLIAROLI v. AHSAN
D.N.J. · 2023 · confidence medium
Oct. 17, 2022) (quoting Hudson v. McMillian, 502 U.S. 1, 6-7 (1992)).
discussed Cited as authority (rule) Butler v. Classification Deputy
S.D. Cal. · 2022 · confidence medium
To state a municipal liability claim 24 under § 1983, Plaintiff must allege “(1) that [he] possessed a constitutional right of which 25 he was deprived; (2) that the [County] had a policy; (3) that the policy amounts to 26 deliberate indifference to [Plaintiff’s] constitutional right; and (4) that the policy is the 27 ‘moving force behind the constitutional violation.’” Dougherty v. City of Covina, 654 28 F.3d 892 , 900 (9th Cir. 2011); see also Graham, 473 U.S. at 166 ; Hafer v. Melo, 502 U.S. 1 21, 25 (1991); Villegas v. Gilroy Garlic Festival Ass’n, 541 F.3d 950, 957 (9th Cir. …
discussed Cited as authority (rule) Williams Law Group PLLC v. American Arbitration Association
D. Ariz. · 2022 · confidence medium
Stat. § 12-3023 fail. 1 Plaintiffs overlook the last part of their quoted sentence: “A timely motion for 2 reconsideration filed within a window to appeal does not toll anything; it ‘renders an 3 otherwise final decision of a district court not final’ for purposes of appeal.” Nutraceutical 4 Corp. v. Lambert, 139 S. Ct. 710, 717 (2019) (emphasis added) (quoting United States v. 5 Ibarra, 502 U.S. 1, 6 (1991) (per curiam)).
discussed Cited as authority (rule) Bernardez v. Firstsource Solutions USA, LLC
W.D. Ky. · 2021 · confidence medium
See Artis v. D.C., 138 S. Ct. 594, 601 (2018) (“[I]n the context of a time prescription,” tolled “means that the limitations period is suspended (stops running) while the claim is sub judice elsewhere, then starts running again when the tolling period ends, picking up where it left off”); Lozano v. Montoya Alvarez, 572 U.S. 1, 10 (2014) (“[E]quitable tolling pauses the running of, or ‘tolls,’ a statute of limitations” and therefore “effectively extends an otherwise discrete limitations period set by Congress”); United States v. Ibarra, 502 U.S. 1, 4, n. 2 (1991) (per curiam…
discussed Cited as authority (rule) Acadian Diagnostic Lab, L.L.C. v. Quality Toxicolo
5th Cir. · 2020 · confidence medium
And should a litigant succeed in correcting a judgment, an appeal may become “altogether unnecessary,” ibid., preventing needless “burdens being placed on the courts of appeals,” United States v. Ibarra, 502 U.S. 1, 5 (1991) (per curiam).
discussed Cited as authority (rule) Jeffreys v. Waterbury
D. Conn. · 2020 · confidence medium
See, e.g., Nutraceutical Corp. v. Lambert, 139 S. Ct. 710, 717 (2019) (“A timely motion for reconsideration filed within a window to appeal does not toll anything; it ‘renders an otherwise final decision of a district court not final’ for purposes of appeal.”) (quoting United States v. Ibarra, 502 U.S. 1, 6 (1991)).
discussed Cited as authority (rule) Hunter v. Eaches
S.D. Ohio · 2020 · confidence medium
The “core judicial inquiry” when determining whether a prison official has used excessive force is “whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm.” Hudson v. McMillian, 502 U.S. 1, 12-13 (1992).
examined Cited as authority (rule) Anthony Smith v. Ron Davis (3×)
9th Cir. · 2020 · confidence medium
Artis also quotes United States v. Ibarra, which predates Pace and Holland, but states, “[p]rinciples of equitable tolling usually dictate that when a time bar has been suspended and then begins to run again upon a later event, the time remaining on the clock is calculated by subtracting from the full limitations period whatever time ran before the clock was stopped.” 502 U.S. 1, 4, n.2 (1991) (per curiam).
discussed Cited as authority (rule) Issac L. Smith v. The People of the State of California
C.D. Cal. · 2020 · confidence medium
“In conducting habeas 2 review, a federal court is limited to deciding whether a conviction violated the 3 Constitution, laws, or treaties of the United States.” Estelle v. McGuire, 112 S. Ct. 4 475, 480 (1991) (internal citations omitted); see also Swarthout v. Cooke, 131 S. Ct. 5 859, 861 (2011) (per curiam) (“‘We have stated many times that federal habeas 6 corpus relief does not lie for errors of state law.’”) (citation omitted).
discussed Cited as authority (rule) THE ESTATE OF ULISSES M. RODRIGUEZ v. JOHNSON
D.N.J. · 2019 · confidence medium
“In an excessive force claim, the central question is ‘whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm.’” Brooks v. Kyler, 204 F.3d 102, 106 (3d Cir. 2000) (quoting Hudson v. McMillian, 502 U.S. 1, 7 (1992)).
discussed Cited as authority (rule) David Myers v. Cmsnr. IRS
D.C. Cir. · 2019 · confidence medium
The Supreme Court has made clear that, in general, “[a] timely motion for reconsideration ... ‘renders an otherwise final decision of a district court not final’ for purposes of appeal.” Nutraceutical Corp. v. Lambert, 139 S. Ct. 710, 717 (2019) (quoting United States v. Ibarra, 502 U.S. 1, 6 (1991)); see also Dep’t of Banking, Neb. v. Pink, 317 U.S. 264, 266 (1942) (“A timely petition for rehearing tolls the running of the [appeal] period because it operates to suspend the finality of the state court’s judgment”).
examined Cited as authority (rule) Nutraceutical Corp. v. Lambert (4×) also: Cited "see"
SCOTUS · 2019 · confidence medium
United States v. Ibarra, 502 U. S. 1, 6 (1991) (per curiam).
examined Cited as authority (rule) Nutraceutical Corp. v. Lambert (4×) also: Cited "see"
SCOTUS · 2019 · confidence medium
Id., at 8-9, 19-20 .
discussed Cited as authority (rule) Artis v. District of Columbia
SCOTUS · 2018 · confidence medium
See, e.g., CTS Corp. v. Wald- burger, 573 U. S. ___ , ___ (2014) (slip op., at 7) (describing equitable tolling as “a doctrine that pauses the running of, or ‘tolls’ a statute of limitations” (some internal quotation marks omitted)); United States v. Ibarra, 502 U. S. 1, 4, n. 2 (1991) ( per curiam) (“Principles of equitable tolling usually dictate that when a time bar has been suspended and then begins to run again upon a later event, the time remaining on the clock is calculated by subtracting from the full limitations period whatever time ran before the clock was stopped.”).
discussed Cited as authority (rule) Morales-Melecio v. United States
D.P.R. · 2016 · confidence medium
Smith Corp., 521 U.S. 179, 192 , 117 S.Ct. 1984 , 138 L.Ed.2d 373 (1997) (citing Cada for its description of the "difference among various discovery rules and doctrines of 'equitable tolling' and ‘equitable estoppel’ ”); and United States v. Ibarra, 502 U.S. 1, 4, n. 2 , 112 S.Ct. 4 , 116 L.Ed.2d 1 (1991)(citing Cada for its discussion on principles of equitable tolling). .
discussed Cited as authority (rule) United States v. Cook (2×)
10th Cir. · 2010 · confidence medium
Id. at 6-7, 112 S.Ct. 4 .
discussed Cited as authority (rule) United States v. Williams
6th Cir. · 2006 · confidence medium
Without question, “a motion for rehearing in a criminal case, like a motion for rehearing in a civil case, renders an otherwise final decision of a district court not final until it decides the petition for rehearing.” United States v. Ibarra, 502 U.S. 1, 6 (1991) (discussing United States v. Healy, 376 U.S. 75 (1964)).
discussed Cited as authority (rule) United States v. Dotz (2×) also: Cited "see"
6th Cir. · 2006 · confidence medium
Ibarra, 502 U.S. at 6 (discussing Healy, 376 U.S. 75 , and Dieter, 429 U.S. at 8 ).
discussed Cited as authority (rule) United States v. Dotz (2×) also: Cited "see"
6th Cir. · 2006 · confidence medium
Ibarra, 502 U.S. at 6 (discussing Healy, 376 U.S. 75 , and Dieter, 429 U.S. at 8 ).
discussed Cited as authority (rule) State v. Roybal
N.M. Ct. App. · 2006 · confidence medium
Under Healy , a motion for reconsideration brought by the state within the permissible time for appeal renders the dismissal not final for purposes of appeal and suspends the time for appeal until the motion is decided by the trial court. 376 U.S. at 77-78 ; United States v. Ibarra, 502 U.S. 1, 6 (1991). {17} Applying the Healy doctrine to this case, we conclude that the State's timely motion to set aside and motion to reconsider suspended the finality of the original dismissal order and tolled the time for appeal until the trial court ruled on the motions.
discussed Cited as authority (rule) United States v. Octavio Correa-Gomez
6th Cir. · 2003 · confidence medium
A unanimous Court reversed, once again looking to Healy and Dieter for the proposition that “a motion for rehearing in a criminal case, like a motion for rehearing in a civil case, renders an otherwise final decision of a district court not final until it decides the petition for rehearing.” Ibarra at 6, 112 S.Ct. 4 .
cited Cited as authority (rule) United States v. Summers
5th Cir. · 2003 · confidence medium
P. 4(b)(3)(B); United States v. Ibarra, 502 U.S. 1, 7 (1991)); United States v. Greenwood, 974 F.2d 1449, 1465-67 (5th Cir. 1992).
examined Cited as authority (rule) United States v. Eric Carmouche (13×) also: Cited "see, e.g."
5th Cir. · 1998 · confidence medium
Id. at 5-7, 112 S.Ct. at 6-7 .
discussed Cited as authority (rule) United States v. Robert Stuart Durfee
10th Cir. · 1995 · confidence medium
P. 4(b); United States v. Ibarra, 502 U.S. 1, 6 (1991) (initial order of district court does not become final until denial of motion for reconsideration).
cited Cited as authority (rule) United States v. Terry
5th Cir. · 1993 · confidence medium
We did not pass on the merits of this test last year in United States v. Miller, 952 F.2d 866 (5th Cir.), cert. denied, 112 S.Ct. 4 3029 (1992), and decline to do so today.
cited Cited as authority (rule) United States v. Terry
5th Cir. · 1993 · confidence medium
We did not pass on the merits of this test last year in United States v. Miller, 952 F.2d 866 (5th Cir.), cert. denied, 112 S.Ct. 4 3029 (1992), and decline to do so today.
discussed Cited as authority (rule) In Re Ronald W. Gregory and Dorothy L. Gregory, Debtors. Ronald W. Gregory and Dorothy L. Gregory v. Ross J. Wabeke, Trustee
10th Cir. · 1993 · confidence medium
Fed.R.App.P. 4(a)(4) reads in pertinent part as follows: 16 If a timely motion under the Federal Rules of Civil Procedure is filed in the district court by any party: (i) for judgment under Rule 50(b); (ii) under Rule 52(b) to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted; (iii) under Rule 59 to alter or amend the judgment; or (iv) under Rule 59 for a new trial, the time for appeal for all parties shall run from the entry of the order denying a new trial or granting or denying any other such motion. 17 Althoug…
discussed Cited as authority (rule) United States v. Albert Earl Rush, Also Known as John J. Russell, Also Known as Bill Bayson, Also Known as J.C. Leonardo
10th Cir. · 1992 · signal: cf. · confidence medium
Cf. United States v. Ibarra, 112 S.Ct. 4, 5 (1991) (motion to reconsider filed within permissible time to appeal delays commencement of appeal time until disposition of motion) 3 We deny Plaintiff's motion to supplement the record on appeal with its Motion to Include Correspondence As Part of the District Court's Record.
Retrieving the full opinion text from the archive…
United States
v.
Ibarra
90-1713.
Supreme Court of the United States.
Oct 15, 1991.
502 U.S. 1
[*2] Per Curiam.

The United States District Court for the District of Wyoming ordered that certain evidence which the Government proposed to use in respondent’s pending criminal trial be suppressed. The Government appealed the order to the Court of Appeals for the Tenth Circuit, but that court dismissed the Government’s appeal. It held that the 30-day period in which to file an appeal began to run on the date of the District Court’s original suppression order, rather than on the date the District Court denied the Government’s motion for reconsideration. 920 F. 2d 702 (1990). We grant the Government’s petition for certiorari and vacate the judgment of the Court of Appeals.

h—

Respondent was indicted for possession of cocaine with intent to distribute. The circumstances leading to the indictment are largely uncontested. Law enforcement officers stopped respondent’s car for a suspected operating violation. The officers questioned respondent and asked for permission to search the car. Respondent granted the request and a brief search was conducted but no cocaine was identified or seized. However, noting that neither respondent nor his passenger had a valid operator’s license, the officers impounded the car and transported respondent and his passenger to a Western Union office. The officers then went to the towing service lot and searched the car a second time. They found cocaine in the trunk. Respondent filed a pretrial motion to suppress the evidence found in the second search.[*3] Among the theories on which the Government originally contested the motion was that the second search had been conducted pursuant to respondent’s continuing consent. However, before the District Court ruled on the suppression motion, the Government abandoned the continuing consent theory in papers filed with the court, citing a lack of legal support for its position. On November 15, 1989, after an evidentiary hearing, the District Court granted the motion to suppress and noted in its order the Government’s abandonment of the continuing consent theory. 725 F. Supp. 1195, 1200 (Wyo. 1989). On December 13,1989, the Government filed with the District Court a “Motion for Reconsideration of Suppression Order.” The sole basis for the Government’s motion was its reassertion of the continuing consent theory. On January 3, 1990, the District Court denied the motion. The Government noticed its appeal on January 30, 1990, less than 30 days after the denial of the motion for reconsideration but 76 days after the initial suppression order.

A divided panel of the Tenth Circuit dismissed the appeal as untimely, holding that the Government’s motion to reconsider did not “toll” the 30-day period [1] to appeal which began[*4] to run on the date of the initial order. [2] In the course of its opinion, the Court of Appeals rejected the Government’s argument that this Court’s decisions in United States v. Healy, 376 U. S. 75 (1964), and United States v. Dieter, 429 U. S. 6 (1976) (per curiam), controlled the decision.

In United States v. Healy, supra, we said:

“The question, therefore, is simply whether in a criminal case a timely petition for rehearing by the Government filed within the permissible time for appeal renders the judgment not final for purposes of appeal until the Court disposes of the petition — in other words whether in such circumstances the 30-day period . . . begins to run from the date of entry of judgment or the denial of the petition for rehearing.” 376 U. S., at 77-78.

The Court answered this question by saying that under the “well-established rule in civil cases,” id., at 78, the 30-day period begins with the denial of the petition for rehearing and by further observing that this Court’s consistent practice had been to treat petitions for rehearing as having the[*5] same effect in criminal cases. Id., at 78-79. More than 12 years later, we decided United States v. Dieter, supra (per curiam). There, too, the Court of Appeals for the Tenth Circuit dismissed as untimely the Government’s appeal from a District Court’s order dismissing an indictment. Although the Government’s notice of appeal had been filed within 30 days of a District Court order denying its “Motion to Set Aside Order of Dismissal,” it was not filed within 30 days after the order of dismissal itself. The Court of Appeals held that our decision in Healy, supra, governed only in cases of claimed errors of law, whereas the basis of the Government’s motion for reconsideration in Dieter was mistake or inadvertence.

We vacated and remanded the decision of the Court of Appeals, saying that it “misconceived the basis of our decision in Healy. We noted there that the consistent practice in civil and criminal cases alike has been to treat timely petitions for rehearing as rendering the original judgment non-final for purposes of appeal for as long as the petition is pending.” 429 U. S., at 8. We pointed out the presumed benefits of this rule — district courts are given the opportunity to correct their own alleged errors, and allowing them to do so prevents unnecessary burdens being placed on the courts of appeals. We concluded that “the Court of Appeals’ law/ fact distinction — assuming such a distinction can be clearly drawn for these purposes — finds no support in Healy.” Ibid.

The Court of Appeals in the present case nonetheless determined that the 30-day period was not affected by the Government’s motion to reconsider. It instead created a special rule for motions that seek reconsideration of previously disavowed theories because it concluded that suspending the time to appeal upon such motions does not further the goals described in Dieter. Because such motions do not serve to[*6] permit the district court to reconsider matters initially overlooked, the Court of Appeals thought that delaying the appellate process pending resolution of such motions is unlikely to contribute to judicial efficiency. 920 F. 2d, at 706. It also noted that Government motions to reconsider a position conceded during appellate litigation are viewed with disfavor when filed before an appellate tribunal. Ibid. (citing United States v. Smith, 781 F. 2d 184 (CA10 1986)).

II

We think the Court of Appeals has misread our decisions in Healy, supra, and Dieter, supra. The first of these decisions established that a motion for rehearing in a criminal case, like a motion for rehearing in a civil case, renders an otherwise final decision of a district court not final until it decides the petition for rehearing. In Dieter, we rejected an effort to carve out exceptions to this general rule in the case of petitions for rehearing which do not assert an alleged error of law. We think that the Court of Appeals' present effort to carve out a different exception to the general rule laid down in Healy must likewise be rejected.

It may be that motions to reconsider based on previously abandoned grounds are not apt to fare well either in the district court or on appeal to the court of appeals. But if such a judgment as to the merits were allowed to play a part in deciding the time in which a denial of the motion may be appealed, it is difficult to see why a similar merits analysis should not be undertaken for all motions for reconsideration. The result would be, as the dissenting judge below pointed out, to "graf[t] a merits inquiry onto what should be a bright-line jurisdictional inquiry." 920 F. 2d, at 710 (Baldock, J., dissenting).

Undoubtedly some motions for reconsideration are so totally lacking in merit that the virtues of the rule established in Healy are not realized by delaying the 30-day period. If it were possible to pick them out in advance, it would be[*7] better if litigants pursuing such motions were made to go sooner, rather than later, on their fruitless way to the appellate court. But there is no certain way of deciding in advance which motions for reconsideration have the requisite degree of merit, and which do not. Given this, it is far better that all such motions be subsumed under one general rule — the rule laid down in Healy. Without a clear general rule litigants would be required to guess at their peril the date on which the time to appeal commences to run. Prudent attorneys would be encouraged to file notices of appeal from orders of the district court, even though the latter court is in the course of considering a motion for rehearing of the order. Cf. United States v. Ladson, 774 F. 2d 436, 438-439, n. 3 (CA11 1985). Less prudent attorneys would find themselves litigating in the courts of appeals whether a motion for reconsideration filed in the district court had sufficient potential merit to justify the litigant’s delay in pursuing appellate review. Neither development would be desirable.

The Court of Appeals’ opinion can be read to hold that because the Government did not initially urge the argument which it made in its motion for reconsideration, that motion was not a “true” motion for reconsideration which would extend the time for appeal. But this method of analysis, too, would break down into subcategories the more general category of “motions for reconsideration” described in our previous opinions. Here, the Government’s motion before the District Court sought to “ ‘reconsider [a] question decided in the case’ in order to effect an ‘alteration of the rights adjudicated.’” Dieter, 429 U. S., at 8-9 (quoting Department of Banking of Neb. v. Pink, 317 U. S. 264, 266 (1942)). That is sufficient under Healy and Dieter. 3

[*8] The petition for certiorari is granted, respondent’s motion to proceed in forma pauperis is granted, the judgment of the Court of Appeals is vacated, and the case is remanded to that court for further proceedings.

It is so ordered.

1

Federal Rule of Appellate Procedure 4(b) provides, inter alia:

“When an appeal by the government is authorized by statute, the notice of appeal shall be filed in the district court within 30 days after the entry of (i) the judgment or order appealed from or (ii) a notice of appeal by any defendant.”

Statutory authorization for the United States to appeal a suppression order is found at 18 U. S. C. §3731:

“An appeal by the United States shall lie to a court of appeals from a decision or order of a district courts [sic] suppressing or excluding evidence.
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“The appeal in all such cases shall be taken within thirty days after the decision, judgment or order has been rendered and shall be diligently prosecuted.”
2

The Court of Appeals’ decision discusses the issue as a matter of whether the motion for reconsideration “tolled” the 30-day period that, by assumption, began to run with the District Court’s first decision. We believe the issue is better described as whether the 30-day period began to run on the date of the first order or on the date of the order denying the motion for reconsideration, rather than as a matter of tolling. Principles of equitable tolling usually dictate that when a time bar has been suspended and then begins to run again upon a later event, the time remaining on the clock is calculated by subtracting from the full limitations period whatever time ran before the clock was stopped. See Cada v. Baxter Healthcare Corp., 920 F. 2d 446 (CA7 1990) (discussing principles of equitable tolling). Thus, in the present case for example, a motion to reconsider filed after 20 days, if it tolled the 30-day period to appeal, would leave at most only 10 days to appeal once the reconsideration motion was decided. However, we previously made clear that would-be appellants are entitled to the full 30 days after a motion to reconsider has been decided. United States v. Dieter, 429 U. S. 6, 7-8 (1976) (per curiam) (“[T]he 30-day limitation period runs from the denial of a timely petition .. . rather than from the date of the order itself”).

3

Two other concerns that animate the Tenth Circuit’s decision are simply inapposite to the present case. First, there is no assertion that the Government’s abandonment and reassertion of the consensual search theory was done in bad faith. We thus have no occasion to consider whether instances of bad faith might require a different result'. See United States [*8] v. Healy, 376 U. S. 75, 80, n. 4 (1964). Second, only a single motion for reconsideration was filed. We thus also have no occasion to consider whether it is appropriate to refuse to extend the time to appeal in cases in which successive motions for reconsideration are submitted. See United States v. Marsh, 700 F. 2d 1322 (CA10 1983).