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 Court of Appeals. If a timely motion is made in the district court for relief that it lacks authority to grant be- cause of an appeal that has been docketed and is pending, the movant must promptly notify the circuit clerk if the district court states either that it would grant the motion or that the mo- tion 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 court of appeals may remand for further proceedings but retains jurisdiction unless it expressly dismisses the appeal. If the court of appeals remands but retains jurisdic- tion, the parties must promptly notify the circuit clerk when the district court has decided the motion on remand. (As added Mar. 26, 2009, eff. Dec. 1, 2009.) 17 FEDERAL RULES OF APPELLATE PROCEDURE Rule 14 TITLE III. APPEALS FROM THE UNITED STATES TAX COURT