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 that it would grant the motion if the District of Columbia Court of Appeals remands for that purpose.
(b) NOTICE TO THE COURT OF APPEALS
The movant must promptly notify the District of Columbia Court of Appeals under District of Columbia Court of Appeals Rule 4(f) if the trial court states that it would grant the motion.
(c) REMAND
The trial court may decide the motion if the District of Columbia Court of Appeals remands for that purpose.
Comments
COMMENT TO 2017 AMENDMENTS
This rule is substantially similar to Federal Rule of Civil Procedure 62.1, which was introduced in 2009, but it contains two local differences—1) it references the District of Columbia Court of Appeals and its applicable rule; and 2) the language “or that the motion raises a substantial issue” has been omitted as inconsistent with local appellate rules.
Comments
COMMENT TO 2017 AMENDMENTS
This rule is substantially similar to Federal Rule of Civil Procedure 62.1, which was introduced in 2009, but it contains two local differences—1) it references the District of Columbia Court of Appeals and its applicable rule; and 2) the language “or that the motion raises a substantial issue” has been omitted as inconsistent with local appellate rules.