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W.R.C.P.Ch.C. 62.1

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

activein force · 2021-12-01 – presentact-effective-date

(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.

History

History: Adopted September 21, 2021, effective December 1, 2021.

Provenance

Source
wyocourts.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
a0dc65518e3297e5c6b4d3c0f5fb6f6ac1287c4869bc4fb4e2249a2b78be91e4
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