Rule 62.1 Indicative Ruling on Motion for Relief that Is Barred by

a Pending Appeal.

Relief Pending Appeal. If a timely motion is made for relief that the court lacks authority to grant because of an appeal that has been docketed and is pending, the court may:

(1) defer considering the motion;

(2) deny the motion; or

(3) state either that it would grant the motion if the Supreme Court remands for that purpose or that the motion raises a substantial issue.

Notice to the Supreme Court. The movant must promptly notify the Supreme Court if the court states that it would grant the motion or that the motion raises a substantial issue.

Remand. The court may decide the motion if the Supreme Court remands for that purpose.