Rule · Federal Rules of Civil Procedure
Fed. R. Civ. P. 62.1 — Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal
Fed. R. Civ. P. 62.1
- Type
- Rule
- Source
- Federal Rules of Civil Procedure
- Jurisdiction
- Federal
- Date
- 2026-10-22
- Current through
- Nov 3, 2026 (Office of the Law Revision Counsel)
(a) Relief Pending Appeal. If a timely motion is made for relief that the court lacks authority to grant because of an appeal that has been docketed and is pending, the court may: (1) defer considering the motion; (2) deny the motion; or (3) state either that it would grant the motion if the court of appeals remands for that purpose or that the motion raises a substantial issue. (b) Notice to the Court of Appeals. The movant must promptly notify the circuit clerk under Federal Rule of Appellate Procedure 12.1 if the district court states that it would grant the motion or that the motion raises a substantial issue. (c) Remand.
Citator
Fed. R. Civ. P. 62.1 — Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal is in force in the current edition of the Code, and nothing recorded condemns it.
(a) Relief Pending Appeal. If a timely motion is made for relief that the court lacks authority to grant because of an appeal that has been docketed and is pending, the court may: (1) defer considering the motion; (2) deny the motion; or (3) state either that it would grant the motion if the court of appeals remands for that purpose or that the motion raises a substantial issue. (b) Notice to the Court of Appeals. The movant must promptly notify the circuit clerk under Federal Rule of Appellate Procedure 12.1 if the district court states that it would grant the motion or that the motion raises a substantial issue. (c) Remand. The district court may decide the motion if the court of appeals remands for that purpose.