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

VII. Judgment

(a) 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 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 trial court may decide the motion if the appellate court remands for that purpose.

Amendment history: Added February 2, 2017, effective March 1, 2017.