---
title: "Indicative Ruling on a Motion for Relief That Is Barred by a Pending Appeal"
citation: "Fed. R. Crim. P. 37"
authority_id: "AUTH-FRCRIM-P-37"
authority_type: "rule"
jurisdiction: "federal_nationwide"
precedential_status: "binding_current_rule"
official_url: "https://www.uscourts.gov/sites/default/files/document/federal-rules-of-criminal-procedure.pdf"
url: "https://jason93.com/legal/federal-process/authorities/AUTH-FRCRIM-P-37/"
legal_review: "2026-08-25"
links_checked: "2026-10-15"
links_available: 1
links_checked_count: 1
license: "CC BY 4.0"
---

# Indicative Ruling on a Motion for Relief That Is Barred by a Pending Appeal

## Holding or rule used

When a pending appeal bars the district court from granting a timely motion, the court may defer, deny, or state that it would grant or that the motion raises a substantial issue, with prompt circuit notice required for an indicative ruling.

## Material limitation

Use only for the bounded proposition stated here. The exact Rule 35 or 36 posture, circuit law, record, agreement, modification vehicle, appealed order, preservation, and requested relief remain separate where identified.

## Official source and pinpoints

Fed. R. Crim. P. 37, Rule 37(a)–(b): <https://www.uscourts.gov/sites/default/files/document/federal-rules-of-criminal-procedure.pdf>


## Used in

- [Rules 35 and 36 — Sentence Correction, Assistance, Record Error, and Appeals](https://jason93.com/legal/federal-process/modules/70-sentence-modification/rules-35-36-and-modification-appeals.md)