Rule 12A Remand After an Indicative Ruling by the District Court on a Motion for Relief That Is Barred by a Pending Appeal

When a case is already on appeal, the district court usually can't make new rulings on that case. But sometimes one side asks the district court to fix something anyway, like reconsidering a decision or granting a new trial. This rule explains what happens in that situation.

If someone files this kind of request, the district court can't just grant it outright while the appeal is pending. Instead, the district court can tell the parties that it *would* grant the request, or that the request raises a real issue worth looking at. If the district court says this, the person who filed the request must quickly let the Supreme Court's clerk know what happened.

Once the appellate court hears about this, it has a choice. It can send the case back to the district court so the district court can actually rule on the request. But sending the case back doesn't mean the appellate court gives up control of the appeal. The appeal stays active unless the appellate court specifically says it's dismissing it. If the appellate court does send the case back while keeping the appeal alive, the parties have to notify the Supreme Court's clerk again once the district court makes its final decision on the request.

This process lets district courts flag issues worth fixing without skipping the normal appeal rules. It keeps both courts informed and avoids confusion about who has authority over the case at any given moment.