US · rules
Fed. R. Crim. P. 37
Indicative Ruling on a Motion for Relief That Is Barred by a Pending Appeal
(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
53 Rule 38 FEDERAL RULES OF CRIMINAL PROCEDURE
(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.
(As added Apr. 23, 2012, eff. Dec. 1, 2012.)
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
2e59dc7abe8ab0955319e9e01d955d05f8c683e6509075c54703b1e9aca75cb6
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