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.
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.
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.