Also known as: pendency of appeal · pending appeal
Written by attorneys · grounded in primary & secondary sources — see below
A period during which an appeal from a judgment or order remains unresolved. During this period the trial court retains limited authority to act on the judgment but may not alter its substance without appellate leave. The pendency does not destroy the judgment's finality for most purposes but suspends enforcement of certain consequences until the appeal concludes.
After Pablo Perez is convicted of felony fraud following a jury trial, the prosecutor offers the judgment to prove an essential fact in a later civil case against him. While the criminal appeal remains pending, the court admits the conviction because the pendency of the appeal does not affect admissibility under the rule.
A trial court enters a decree dissolving the marriage of Priscilla Parks and Philip Powell after finding the marriage irretrievably broken. Priscilla immediately appeals only the property division. While the appeal is pending, Philip remarries because the pendency does not delay finality of the dissolution provision itself.
Select any source to read its text and confirm it supports the definition.
After the district court orders the Vice President to produce documents, the government files both a mandamus petition and a notice of appeal. While the appeal is pending, the court of appeals must address whether the mandamus petition is barred by laches because the pendency of the appeal does not automatically toll the time for seeking extraordinary relief.
A grand jury subpoenas bank records from a witness who refuses on Fifth Amendment grounds. While his appeal of the resulting contempt order is pending, the government seeks a consent form. The district court may still address the consent issue because the pendency of the appeal does not strip the trial court of authority to consider related enforcement steps.
No. The trial court may correct clerical mistakes even while an appeal is pending, but it must first obtain leave from the appellate court once the appeal has been docketed.
Supporting sources
The defendant may file the motion in the district court within three years of the verdict. The district court may consider the motion but cannot grant a new trial until the appellate court remands the case.
Supporting sources
No. A conviction that otherwise satisfies the evidence rule remains admissible even if an appeal is pending. Evidence of the pendency itself is also admissible.
Supporting sources
Yes. An appeal that does not challenge the finding that the marriage is irretrievably broken does not delay the finality of the dissolution provision, so either party may remarry during the pendency of the appeal.
Supporting sources
…with the order. The court sentenced him to 18 months' imprisonment or until he complied with the order, but stayed the sentence pending appeal. A divided panel of the Court of Appeals for the Eleventh Circuit reversed. 812 F.2d 1404 (1987) (table). The court held that the consent directive was a "testimonial communication"…