Rule 62.1.Indicative Rule on a Motion for Relief that is Barred by a Pending Appeal
Enacted effective October 1, 2011 · Last verified June 26, 2026
In one sentenceRule 62.1 lets a district court that lacks authority to grant a motion because of a pending appeal signal how it would rule — by deferring, denying, or stating that it would grant the motion or that it raises a substantial issue — so the Supreme Court can remand.
(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 supreme court remands for that purpose or that the motion raises a substantial issue.
(b)Notice to the Supreme Court. The movant must promptly notify the supreme court clerk if the district court states that it would grant the motion or that the motion raises a substantial issue.
(c)Remand. The district court may decide the motion if the supreme court remands for that purpose.
Plain-English Summary
When an appeal is already docketed, the district court often loses authority to grant a motion (like a Rule 60 motion) that targets the judgment on appeal. Rule 62.1 provides the “indicative ruling” solution. The district court may defer considering the motion, deny it, or state that it would grant the motion on remand or that the motion raises a substantial issue. If the court signals either of the last two, the movant promptly notifies the Supreme Court clerk, and the Supreme Court may remand so the district court can decide the motion.
Frequently Asked Questions
What is an 'indicative ruling'?
When a district court cannot decide a motion because an appeal is pending, it may indicate that it would grant the motion (or that the motion raises a substantial issue), allowing the Supreme Court to remand so the district court can act.
Source & verification. Reproduced verbatim from the Montana Code Annotated as
published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption.
Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. ·
Official text