Rule 37 — Indicative Ruling on a Motion for Relief That Is Barred by a Pending Appeal

Fed. R. Crim. P. 37

• Source: Federal Rules of Criminal Procedure
• Rule: 37
• TITLE VII: POST–CONVICTION PROCEDURES
• Citation: Fed. R. Crim. P. 37

Text

(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.

Advisory Committee Notes

(As added Apr. 23, 2012, eff. Dec. 1, 2012.)