Rule 62.1 Indicative Ruling on a Motion for Relief that is Barred by a Pending Appeal

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

(1) defer considering the motion;

(2) deny the motion; or

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

(b) Notice to the appellate court. The movant must promptly notify the Clerk of the appellate court if the trial court states that it would grant the motion or that the motion raises a substantial issue.

(c) Remand. The chancery court may decide the motion if the appellate court remands for that purpose.