§ CR 60.04 When appeal pending

Codes > Kentucky Rules of Civil Procedure > VII Judgment > CR 60 > CR 60.04

CR 60.04 When appeal pending

    If a proceeding by motion or independent action is commenced under Rule 60.02 or 60.03 while an appeal is pending from the original judgment and prior to the time an opinion is rendered by the appellate court, the party commencing such proceeding shall promptly move the appellate court to abate the appeal until a final order is entered therein. When the trial court has entered such final order, the party who moved for abatement shall promptly file with the clerk of the appellate court a certified copy thereof.