Rule 19.

1997 Rules of Appellate Procedure

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RULE 19. PLENARY POWER OF THE COURTS OF APPEALS AND EXPIRATION OF TERM

19.1 Plenary Power of Courts of Appeals. A court of appeals' plenary power over its judgment expires:

(a) 60 days after judgment if no timely filed motion to extend time or motion for rehearing is then pending; or

(b) 30 days after the court overrules all timely filed motions for rehearing and motions to extend time to file a motion for rehearing.

19.2 Plenary Power Continues After Petition Filed. In a civil case, the court of appeals retains plenary power to vacate or modify its judgment during the periods prescribed in 19.1 even if a party has filed a petition for review in the Supreme Court.

19.3 Proceedings After Plenary Power Expires. After its plenary power expires, the court cannot vacate or modify its judgment. But the court may:

(a) correct a clerical error in its judgment or opinion;

(b) issue and recall its mandate as these rules provide;

(c) enforce or suspend enforcement of its judgment as these rules or applicable law provide;

(d) order or modify the amount and type of security required to suspend a judgment, and decide the sufficiency of the sureties, under Rule 24; and

(e) order its opinion published in accordance with Rule 47.

19.4 Expiration of Term. The expiration of the appellate court's term does not affect the court's plenary power or its jurisdiction over a case that is pending when the court's term expires.

Notes and Comments
Comment to 1997 change: This is a new rule except the provisions of former Rule 234 are incorporated in subdivision 19.4.

Last modified: March 25, 2010