Appellate Insights

An appeal divests the trial court of jurisdiction to take certain actions regarding the appealed judgment.  There are many nuances in applying this rule.  Here’s an overview of how a pending appeal affects the trial court’s power to rule on post-judgment motions:

• New trial motion.  The trial court can decide a new trial motion while an appeal from the judgment is pending, as long as it’s within the statutory time limits.

• JNOV motion.  California case law is divided on whether the trial court can grant JNOV as to an appealed judgment.  Trial judges will usually heed the most recent decisions in their own appellate district, but are free to follow any they find persuasive.

• Vacatur motion.  The trial court cannot decide a motion to vacate an appealed judgment, unless the judgment is void on its face.

► The practical message:  A pending appeal has implications for post-judgment motions.  Plan accordingly!