If a proceeding by motion or independent action is commenced under Rule 60.02 or 60.03 while an appeal is pending from the original judgment and prior to the time an opinion is rendered by the appellate court, the party commencing such proceeding shall promptly move the appellate court to abate the appeal until a final order is entered therein. When the trial court has entered such final order, the party who moved for abatement shall promptly file with the clerk of the appellate court a certified copy thereof.
Rule 60.04.When appeal pending.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 60.04 requires a party who moves under Rule 60.02 or 60.03 while an appeal is already pending to ask the appellate court to abate the appeal until the trial court rules, then promptly file a certified copy of that ruling with the appellate clerk.
Full Text of Rule 60.04
Amendment History
(Amended effective July 1, 1976.)
Plain-English Summary
Rule 60.04 handles a timing problem: what happens when someone asks the trial court to reopen a judgment while the case is already on appeal. The rule does not let the trial court and the appellate court work at cross purposes. Instead, the party who filed the Rule 60.02 or 60.03 motion must promptly ask the appellate court to pause, or abate, the appeal until the trial court enters a final order on that motion.
Once the trial court rules, the moving party must file a certified copy of that final order with the clerk of the appellate court. This keeps the appellate record current and lets the appeal move forward with full knowledge of what happened below. The duty to notify the appellate court falls on the party who started the Rule 60.02 or 60.03 proceeding, not on the court or the opposing party.
Frequently Asked Questions
Can I file a motion to reopen a judgment while my case is on appeal?
Yes. Rule 60.04 addresses exactly this situation: a Rule 60.02 or 60.03 proceeding started while an appeal is pending and before the appellate court has issued its opinion.
What do I have to tell the appellate court if I file a Rule 60.02 motion during my appeal?
You must promptly move the appellate court to abate, meaning pause, the appeal until the trial court enters a final order on your motion.
What happens after the trial court rules on my Rule 60.02 motion during a pending appeal?
You must promptly file a certified copy of the trial court's final order with the clerk of the appellate court so the appeal can proceed.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 60.04). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: Rule 60.04 KentuckyCR 60.04appeal pending motion to reopen judgmentabate appeal Rule 60.02motion for relief from judgment during appeal Kentucky