2255 Savings Clause Conditions

Summary

The 2255 savings clause, or escape hatch, can be filed if a 2255 motion is inadequate or ineffective, there is a fundamental defect in the conviction or sentence, and the claim was previously unavailable. If the deadline for a motion for reconsideration has passed, options include appealing to a higher court, seeking other post-judgment relief like a motion to vacate or modify the judgment, or arguing for equitable tolling in rare cases.

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What are options if the deadline to file a motion for reconsideration has passed?
If the deadline to file a motion for reconsideration has passed, here are some options you might consider:
- Appeal: You may still be able to appeal the decision to a higher court.
- Seek Relief: Look into other post-judgment relief options, such as filing a motion to vacate or modify the judgment.
- Equitable Tolling: In rare cases, you might argue for equitable tolling if extraordinary circumstances prevented timely filing.
Would you like more detailed information on any of these options?