Seventh Circuit Inviting Public Comments on Proposed Rescission of Circuit Rule 57

Seventh Circuit Inviting Public Comments on Proposed Rescission of Circuit Rule 57

September 21, 2021 8:24 PM

The Seventh Circuit is seeking public comments on its proposal to rescind Circuit Rule 57.  That rule currently provides that a party who files a motion to modify a final judgment in the district court while an appeal is pending should request the district court to indicate whether it is inclined to grant the motion.  If the district court indicates that it is, then the Seventh Circuit "will remand the case for the purpose of modifying the judgment" and a party "dissatisfied with the judgment as modified must file a fresh notice of appeal."  

The Seventh Circuit has stated that it intends to rescind that rule because it conflicts with recently adopted Federal Rule of Appellate Procedure 12.1. 

Persons interested in submitting a public comment on the proposed rescission may e-mail them to mailto:USCA7_Clerk@ca7.uscourts.gov.  Or they can mail them to:  Advisory Committee on Circuit Rules c/o Clerk of Court, United States Court of Appeals for the Seventh Circuit, 219 South Dearborn Street, Room 2722, Chicago, IL 60604.

The Seventh Circuit's press release regarding the proposed rescission may be found here.