Principle

CIVIL PROCEDURE β€” Stay of Proceedings β€” Effect of Pending Appeal β€” Jurisdiction to Set Aside Judgment Already on Appeal

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Once a judgment is appealed, the trial court loses jurisdiction to set it aside. The appellate court has exclusive jurisdiction. The principle applies to all courts. The trial court cannot interfere with the appellate process. The rule preserves the hierarchy of courts. The proper remedy…

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