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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe 7th Circuit Court of Appeals is seeking comment on the proposed rescission of a federal rule regarding remands for revision of judgment.
Pursuant to 28 U.S.C. § 2071, the 7th Circuit is proposing a rescission of Circuit Rule 57.
“The reason for the rescission is that Circuit Rule 57 conflicts with the more recently adopted Federal Rule of Appellate Procedure 12.1,” the court wrote in a notice released by the clerk’s office.
Currently, Rule 57 holds that a party who moves for modification of a final judgment during the pendency of an appeal should request that the district court indicate whether it’s inclined to grant the motion.
“If the district court so indicates, this court will remand the case for the purpose of modifying the judgment. Any party dissatisfied with the judgment as modified must file a fresh notice of appeal,” Rule 57 reads.
For its part, Federal Rule of Appellate Procedure 12.1, “Remand after an Indicative Ruling by the District Court on a Motion for Relief that is Barred by a Pending Appeal,” holds that movants who timely file in the district court for relief that it lacks authority to grant because of an appeal that has been docketed and is pending must promptly notify the circuit clerk if the district court states either that it would grant the motion or that the motion raises a substantial issue. Additionally, if the district court indicates that it would grant the motion or that the motion raises a substantial issue, the court of appeals may remand for further proceedings but retains jurisdiction unless it expressly dismisses the appeal.
“If the court of appeals remands but retains jurisdiction, the parties must promptly notify the circuit clerk when the district court has decided the motion on remand,” Rule 12.1 reads.
Written comments on the proposed rescission of Rule 57 must be submitted no later than Oct. 20 via email to [email protected] or through the mail to the Advisory Committee on Circuit Rules, c/o Clerk of Court, United States Court of Appeals for the Seventh Circuit, 219 South Dearborn St., Room 2722 Chicago, 60604.
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