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
for
rehearing
or
en
banc
reconsideration, or timely filed motion to
extend time to file such a motion, is then
pending; or
(b) 30 days after the court overrules all timely
filed motions for rehearing or en banc
reconsideration, and all timely filed motions
to extend time to file such a motion.
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.

Comment to 1997 change: This is a new rule
except the provisions of former Rule 234 are
incorporated in subdivision 19.4.
Comment to 2002 change: Subdivision 19.1 is
amended to clarify that a motion for en banc
reconsideration extends the court of appeals' plenary
power in the same manner as a motion for rehearing
addressed to the panel of justices who rendered the
judgment or under consideration.
Comment to 2008 change: Subdivision 19.1 is
changed, consistent with other changes in the rules, to
specifically
address
a
motion
for
en
banc
reconsideration and treat it as having the effect of a
motion for rehearing.