A timely motion for reconsideration extends the period for filing a notice of appeal until after the motion is decided.
After a district court granted a motion to suppress evidence, the government filed a motion for reconsideration based on a previously abandoned legal theory. The district court denied the motion, and the government filed its notice of appeal within thirty days of that denial, though more than thirty days had passed since the original suppression order. The court of appeals dismissed the appeal as untimely, holding that the motion for reconsideration did not toll the appellate period. The Supreme Court holds that a timely motion for rehearing in a criminal case renders the original decision nonfinal until the petition is decided, meaning the period for appeal begins upon the denial of the motion for reconsideration.
At page 6 Motion for rehearing renders district court decision nonfinal27 citing cases“render an otherwise final decision of a district court not final,”
- United States v. Christopher Grant, 703 F.3d 427 (8th Cir. 2013).published ([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. Bohannon, 247 F. Supp. 3d 189 (D. Conn. 2017).published ([A] 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.)
- Gage, No. 2:25-cv-03696 (D.N.J. Jan. 15, 2026).unpublishedApp. 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 distr…
- Williamson v. Wilmington Sav. Fund, No. 25-30386 (5th Cir. Dec. 4, 2025).unpublished(calculating time period from which a party files notice of appeal from “entry of judgment” where motion “was untimely and ineffective to extend the 30-day period)
- Richard Warner v. City of Marathon, No. 24-10901 (11th Cir. May 27, 2025).unpublishedThe 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.” Nutraceutic…
- United States v. SMITH, No. 202400295 (N.M.C.C.A. Feb. 13, 2025).published 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. a…
- Saleh v. Garland, No. 1:21-cv-05998 (E.D.N.Y. July 26, 2023).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…
- Pagliaroli v. Ahsan, No. 3:18-cv-12412 (D.N.J. Jan. 31, 2023).unpublishedOct. 17, 2022) (quoting Hudson v. McMillian, 502 U.S. 1, 6-7 (1992)).
- Williams Law Grp. PLLC v. Am. Arbitration Ass'n, No. 2:21-cv-00149 (D. Ariz. Feb. 5, 2022).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 cour…
- Jeffreys v. Waterbury, No. 3:18-cv-02009 (D. Conn. July 8, 2020).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…
Show 15 more citing cases
- David Myers v. Cmsnr. IRS, No. 18-1003 (D.C. Cir. July 2, 2019).publishedThe 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…
- Nutraceutical Corp. v. Lambert, 586 U.S. 188 (2019).published United States v. Ibarra, 502 U. S. 1, 6 (1991) (per curiam).
- United States v. Cook, 599 F.3d 1208 (10th Cir. 2010).published Id. at 6-7, 112 S.Ct. 4 .
- United States v. Williams, No. 05-4160 (6th Cir. Nov. 6, 2006).unpublished(discussing United States v. Healy, 376 U.S. 75 (1964))
- United States v. Nathan Dotz, 455 F.3d 644 (6th Cir. 2006).published Ibarra, 502 U.S. at 6 (discussing Healy, 376 U.S. 75 , and Dieter, 429 U.S. at 8 ).
- United States v. Nathan Dotz, 446 F.3d 632 (6th Cir. 2006).published Ibarra, 502 U.S. at 6 (discussing Healy, 376 U.S. 75 , and Dieter, 429 U.S. at 8 ).
- State v. Roybal, 2006-NMCA-043, 132 P.3d 598.publishedUnder 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.…
- United States v. Carmouche, No. 97-30130 (5th Cir. Apr. 30, 1998).published The Supreme Court itself has observed, in refusing to accord suspensory effect only to meritorious motions for reconsideration, that “[w]ithout a clear general rule litigants would be required to guess at their peril the date on which the…
- United States v. Robert Stuart Durfee, 53 F.3d 343 (10th Cir. 1995).published(initial order of district court does not become final until denial of motion for reconsideration)
- United States v. Townsend, 762 F.3d 641 (7th Cir. 2014).published
- United States v. Henderson, Kevin, No. 07-1014 (7th Cir. Aug. 6, 2008).published
- United States v. Jeffrey Parker, No. 19-3541 (7th Cir. Nov. 16, 2020).unpublished
- United States v. Raymond Shelton, No. 20-2456 (3d Cir. July 9, 2021).unpublished
- United States v. Dasilva, No. 2021-0564 (D.D.C. Feb. 8, 2024).published
- United States v. Donnell Booker, No. 23-6087 (6th Cir. Sept. 9, 2025).unpublished
At page 4 Determining when time bars begin to run after rehearing petitions18 citing cases“[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”
- Simmons v. Blinken, No. 2023-3011 (D.D.C. Aug. 9, 2024).publishedSee U.S. v. Ibarra, 502 U.S. 1 , 4 n.2 (1991) (“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 subtr…
- United States v. Cody Carlsen, 441 F. App'x 531 (9th Cir. 2011).unpublishedUnited States v. Ibarra, 502 U.S. 1 , 4 n. 2, 112 S.Ct. 4 , 116 L.Ed.2d 1 (1991) (“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…
- United States v. Buchanan, 638 F.3d 448 (4th Cir. 2011).publishedWhen applicable, tolling operates to “stop the clock.” See United States v. Ibarra, 502 U.S. 1 , 4 n. 2, 112 S.Ct. 4 , 116 L.Ed.2d 1 (1991) (“Principles of equitable tolling usually dictate that when a time bar has been suspended and then…
- O'Donnell v. Vencor, Inc., 466 F.3d 1104 (9th Cir. 2006).published See also United States v. Ibarra, 502 U.S. 1 , 4 n. 2, 112 S.Ct. 4 , 116 L.Ed.2d 1 (1991) (“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 r…
- O'Donnell v. Vencor Inc., 465 F.3d 1063 (9th Cir. 2006).published See also United States v. Ibarra, 502 U.S. 1 , 4 n. 2, 112 S.Ct. 4 , 116 L.Ed.2d 1 (1991) (“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 r…
- Devonwood-Loch Lomond Lake Ass'n, No. 23-768 (N.C. Ct. App. Oct. 1, 2024).publishedSee, 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…
- Bernardez v. Firstsource Solutions USA, LLC, No. 3:17-cv-00613 (W.D. Ky. Feb. 8, 2021).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 to…
- Anthony Smith v. Ron Davis, 953 F.3d 582 (9th Cir. 2020).published “[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 limit…”
- Nutraceutical Corp. v. Lambert, 586 U.S. 188 (2019).published United States v. Ibarra, 502 U. S. 1, 6 (1991) (per curiam).
- Artis v. Dist. of Columbia, 583 U.S. 71 (2018).publishedSee, 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)); Unite…
Show 7 more citing cases
- Morales-Melecio v. United States, 190 F. Supp. 3d 249 (D.P.R. 2016).publishedSmith 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…
- Lee Williams v. Tech Mahindra Americas Inc, No. 24-1434 (3d Cir. Dec. 10, 2024).unpublished
- Henderson v. Shinseki, 589 F.3d 1201 (Fed. Cir. 2009).published
- United States v. Saro, Carlos, 252 F.3d 449 (D.C. Cir. 2001).published
- Harper v. Ercole, 648 F.3d 132 (2d Cir. 2011).published
- Neal v. Bock, 137 F. Supp. 2d 879 (E.D. Mich. 2001).published
- Abernethy v. United States, 108 Fed. Cl. 183 (Fed. Cl. 2012).published
At page 5 Permitting reconsideration in civil and criminal cases7 citing cases“the 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.”
- Slep-Tone Ent. Corp. v. Karaoke Kandy Store, Inc., 782 F.3d 712 (6th Cir. 2015).published “the 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.”
- Simmons v. Reliance Stand. Life Ins., 310 F.3d 865 (5th Cir. 2002).published “the 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.”
- Badaiki v. Schlumberger Holdings, No. 22-20071 (5th Cir. Dec. 8, 2023).unpublishedOn 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,…
- Acadian Diagnostic Lab, L.L.C. v. Quality Toxicolo, 965 F.3d 404 (5th Cir. 2020).publishedAnd 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).
- United States v. Eric Carmouche, 138 F.3d 1014 (5th Cir. 1998).published Id. at 5-7, 112 S.Ct. at 6-7 .
- United States v. Thrower, No. 98-2253 (10th Cir. July 2, 1999).unpublished
- United States v. Brock, No. 2021-0140 (D.D.C. Jan. 9, 2025).published
At page 8 “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.”6 citing cases
- Simmons v. Blinken, No. 2023-3011 (D.D.C. Aug. 9, 2024).published(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 limita…)
- United States v. Cody Carlsen, 441 F. App'x 531 (9th Cir. 2011).unpublished(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 limita…)
- United States v. Buchanan, 638 F.3d 448 (4th Cir. 2011).published(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 limita…)
- O'Donnell v. Vencor, Inc., 466 F.3d 1104 (9th Cir. 2006).published (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 limita…)
- O'Donnell v. Vencor Inc., 465 F.3d 1063 (9th Cir. 2006).published (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 limita…)
- United States v. Curtis A. Belgarde, United States of Am. v. Curtis A. Belgarde, 300 F.3d 1177 (9th Cir. 2002).published (we previously made clear that would-be appellants are entitled to the full 30 days after a motion to reconsider has been decided)
112 S. Ct. at 6 Motion for rehearing rendering district court decision not final4 citing casesa 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. Cook, 599 F.3d 1208 (10th Cir. 2010).published Id. at 6-7, 112 S.Ct. 4 .
- United States v. Octavio Correa-Gomez, 328 F.3d 297 (6th Cir. 2003).published(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 re Ronald W. Gregory & Dorothy L. Gregory, Debtors. Ronald W. Gregory & Dorothy L. Gregory v. Ross J. Wabeke, Tr., 5 F.3d 546 (10th Cir. 1993).publishedFed.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 mak…
- Mgic Indem. Corp. v. Curtis Donald Moore, & Gerald Thompson Pennington Appraisal Servs. Capital Accumulation Sys. John D. Butterfield Larry D. Mikelson Karen L. Simpson Walter Arrington, & John R. Pennington Cas Fin. Servs. Inc., Defendants-Third-Party-Plaintiffs-Appellees, & Sko-Fed Mortg. Corp., Third-Party-Defendant-Appellee. Mgic Indem. Corp. v. Curtis Donald Moore Cas Fin. Servs., Inc. John D. Butterfield Larry D. Mikelson Capital Accumulation Sys. Karen L. Simpson, 951 F.2d 361 (3d Cir. 1991).unpublished
At page 7 Determining when the time to appeal begins running4 citing cases“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.”
- Churuk v. Hampton<font Color=\red\">do Not File in This case</font>", No. 1:23-cv-04258 (D.N.J. Mar. 15, 2024).“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) (…
- The Est. of Ulisses M. Rodriguez v. Johnson, No. 2:18-cv-04547 (D.N.J. July 23, 2019).unpublished“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) (…
- United States v. Summers, No. 01-11188 (5th Cir. Apr. 21, 2003).unpublishedP. 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).
- United States v. Carmouche, No. 97-30130 (5th Cir. Apr. 30, 1998).published The Supreme Court itself has observed, in refusing to accord suspensory effect only to meritorious motions for reconsideration, that “[w]ithout a clear general rule litigants would be required to guess at their peril the date on which the…
[T]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.
- Slep-Tone Ent. Corp. v. Karaoke Kandy Store, Inc., 782 F.3d 712 (6th Cir. 2015).published ([T]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.)
- Simmons v. Reliance Stand. Life Ins., 310 F.3d 865 (5th Cir. 2002).published (�[T]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.’…)
At page 12 cited at this page2 citing cases
- (PS) Henreid v. Haynes, No. 2:23-cv-02797 (E.D. Cal. Apr. 15, 2025).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 e…
- Hunter v. Eaches, No. 1:19-cv-00123 (S.D. Ohio June 15, 2020).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…
112 S. Ct. at 5 cited at this page1 citing case
- United States v. Eric Carmouche, 138 F.3d 1014 (5th Cir. 1998).published Id. at 5-7, 112 S.Ct. at 6-7 .
At page 16 The task is to correct . . . the condition that offends the Constitution.1 citing case
- GEFT Outdoor LLC v. City of Fishers, No. 1:21-cv-03058 (S.D. Ind. Oct. 27, 2022).(The task is to correct . . . the condition that offends the Constitution.)
At page 21 cited at this page1 citing case
- Butler v. Classification Deputy, No. 3:22-cv-00690 (S.D. Cal. Oct. 20, 2022).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 indif…
Other citing cases
- Storey v. Seipel, No. 2:22-cv-00486, 2024 WL 4436609 (D. Utah Oct. 7, 2024).
- Netzer v. Continuity Graphic Assocs., Inc., 963 F. Supp. 1308 (S.D.N.Y. 1997).published
- Issac L. Smith v. People of the State of California, No. 2:19-cv-10989 (C.D. Cal. Jan. 24, 2020).
- United States v. Terry, No. 93-7318 (5th Cir. Oct. 18, 1993).published
- United States v. Terry, No. 93-7340 (5th Cir. Oct. 18, 1993).published
v.
Ibarra
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.
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.”
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”).
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).