Can I File a 60(B) Motion After Filing an Appeal?

Question from Magyver, Can I File a 60(B) Motion After Filing an Appeal?

Answer from AI:

If you are a plaintiff in a civil suit in Ohio and believe a judgment was issued based on false information, you might be considering filing a Rule 60(B) Motion for Relief from Judgment. However, since you have already filed a notice of appeal, it’s important to understand how these legal processes interact.

Understanding Rule 60(B) Motions

Rule 60(B) of the Ohio Rules of Civil Procedure allows a party to seek relief from a final judgment under certain circumstances, such as:

• Mistake, inadvertence, surprise, or excusable neglect.
• Newly discovered evidence that could not have been discovered in time to move for a new trial.
• Fraud, misrepresentation, or other misconduct by an opposing party.
• The judgment is void.
• Any other reason justifying relief from the judgment.

To succeed with a Rule 60(B) motion, you must demonstrate:

1. A meritorious defense or claim.
2. Entitlement to relief under one of the grounds stated in Rule 60(B).
3. The motion is made within a reasonable time, and for certain grounds, not more than one year after the judgment.

Interaction with an Appeal

Once you file a notice of appeal, the trial court generally loses jurisdiction over the case, meaning it cannot make further rulings on the matter. This includes ruling on a Rule 60(B) motion. However, there are some exceptions and strategies you might consider:

• Abeyance: You can request the appellate court to hold the appeal in abeyance (pause it) while the trial court considers the Rule 60(B) motion. This requires permission from the appellate court.
• Remand: You can ask the appellate court to remand the case back to the trial court for the limited purpose of considering the Rule 60(B) motion.

Steps to Consider

1. Consult with a Legal Professional: Given the complexity of navigating both an appeal and a Rule 60(B) motion, it’s crucial to seek legal advice. An attorney can help you understand the best course of action based on the specifics of your case.

2. Review Court Rules and Procedures: Familiarize yourself with the Ohio Rules of Civil Procedure and the local rules of the appellate court. This will help you understand the procedural requirements and deadlines.

3. Prepare Your Motion: If you decide to proceed with a Rule 60(B) motion, ensure it is well-documented and supported by evidence. Clearly articulate the grounds for relief and why the judgment should be reconsidered.

4. Communicate with the Appellate Court: If you wish to pause the appeal or seek a remand, you will need to file the appropriate motions with the appellate court.

Resources

For more detailed information, you can refer to the [Ohio Rules of Civil Procedure](http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf) and consult the [Ohio Court of Appeals](http://www.supremecourt.ohio.gov/JudSystem/districtCourts/) for guidance on appellate procedures.

Remember, while this information provides a general overview, each case is unique, and professional legal advice is essential to navigate these legal processes effectively.