RULE 12.1. REMAND AFTER AN INDICATIVE RULING BY THE DISTRICT COURT ON A MOTION FOR RELIEF THAT IS BARRED BY A PENDING APPEAL
(a) Notice to the Supreme Court. If a timely motion is made in the district court for relief that it lacks authority to grant because of an appeal that has been docketed and is pending, the movant must promptly notify the supreme court clerk if the district court states either that it would grant the motion or that the motion raises a substantial issue.
(b) Remand After an Indicative Ruling. If the district court states that it would grant the motion or that the motion raises a substantial issue, the supreme court may remand for further proceedings but retains jurisdiction unless it expressly dismisses the appeal. If the supreme court remands but retains jurisdiction, the parties must promptly notify the supreme court clerk when the district court has decided the motion on remand.
Rule 12.1 was adopted, effective _____________.
Rule 12.1 is derived from Fed.R.App.P. 12.1, and is coordinated with N.D.R.Civ.P. 62.1.
Rule 12.1 provides a clearly stated and consistent procedure for a party to request an “indicative ruling” on a motion that the district court lacks authority to grant because of a pending appeal.
Sources: Joint Procedure Committee Minutes of _______________; Fed.R.App.P. 12.1.
Cross Reference: N.D.R.Civ.P. 62.1 (Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal).