Seventh Circuit Rescinds Circuit Rule 57

November 01, 2021 5:47 PM | Carson Griffis (Administrator)

As previously detailed, the Seventh Circuit had invited comments on its proposal to rescind Circuit Rule 57 because it conflicted with Federal Rule of Appellate Procedure 12.1.  Having received no comments, the Seventh Circuit repealed that rule effective immediately.  

Circuit Rule 57 provided that a party who filed a motion to modify a final judgment in the district court while an appeal was pending had to request the district court to indicate whether it was inclined to grant the motion.  If the district court indicated that it was, then the Seventh Circuit would "remand the case for the purpose of modifying the judgment" and a party "dissatisfied with the judgment as modified [had to] file a fresh notice of appeal."  Federal Rule of Appellate Procedure 12.1 provides that, if the district court states that it would grant such a 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."

The court's press release regarding the rescission of Circuit Rule 57 may be found here.

DISCLAIMER: The Appellate Lawyers Association does not provide legal services or legal advice. Discussions of legal principles and authority, including, but not limited to, constitutional provisions, statutes, legislative enactments, court rules, case law, and common-law doctrines are for informational purposes only and do not constitute legal advice.

Powered by Wild Apricot Membership Software