Rule 62.1.Indicative ruling on a motion for relief that is barred by a pending appeal

Group VII: Judgment · Last amended March 1, 2017 · Last verified July 14, 2026

In one sentenceRule 62.1 lets a trial court respond to a motion it can't grant because the case is already on appeal by indicating how it would rule if the case comes back.

Full Text of Rule 62.1

Text sizeJump to: (a) (b) (c)

(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.

Amendment History

Added February 2, 2017, effective March 1, 2017.

Plain-English Summary

Once a notice of appeal is filed, the trial court loses much of its authority over the case — it can’t just go ahead and rule on a motion that would change what’s on appeal. But parties sometimes need to file that motion anyway, before the appeal wraps up. Rule 62.1 gives the trial court three options: it can defer ruling until the appeal is over, deny the motion outright, or signal that it would grant the motion, or that the motion raises a substantial issue, if the appellate court sends the case back for that purpose.

If the trial court goes with that third option, the party who filed the motion must promptly let the appellate court know. The appellate court then decides for itself whether to remand the case, and only if it does can the trial court decide the motion. This keeps control of the appeal with the appellate court while still letting the trial court weigh in on how it would handle the request.

Frequently Asked Questions

Why can’t the trial court just rule on my motion while my case is on appeal?

Once an appeal is docketed, the trial court loses the authority to grant relief that would affect the matters on appeal. Rule 62.1 gives it a way to weigh in without overstepping that limit.

What are the three options a trial court has under Rule 62.1(a)?

It can defer considering the motion, deny it, or state that it would grant the motion — or that the motion raises a substantial issue — if the appellate court remands the case for that purpose.

What happens after the trial court says it would grant my motion?

Nothing changes automatically. The case stays on appeal, and the trial court’s statement is only a signal to the appellate court about how it would rule.

Who has to notify the appellate court, and how quickly?

The party who filed the motion must promptly notify the Clerk of the appellate court once the trial court states it would grant the motion or that the motion raises a substantial issue.

What happens if the appellate court remands the case?

The trial court may then go ahead and decide the motion on the merits, since the remand restores its authority to act.

Source & verification. Rule text and amendment history are reproduced verbatim from the Wyoming Rules of Civil Procedure, adopted by the Supreme Court of Wyoming. Last verified July 14, 2026. · Official source

Also known as: indicative rulingmotion during pending appealremand for rulingrelief pending appeal