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                            RULE 7.2
                 AUTHORITY OF TRIAL COURT AFTER
                         REVIEW ACCEPTED


    (a) Generally. After review is accepted by the appellate
court, the trial court has authority to act in a case only to the
extent provided in this rule, unless the appellate court limits
or expands that authority as provided in rule 8.3.

     (b) Settlement of Record. The trial court has authority to
settle the record as provided in Title 9 of these rules.

     (c) Enforcement of Trial Court Decision in Civil Cases. In a
civil case, except to the extent enforcement of a judgment or
decision has been stayed as provided in rules 8.1 or 8.3, the
trial court has authority to enforce any decision of the trial
court and a party may execute on any judgment of the trial court.
Any person may take action premised on the validity of a trial
court judgment or decision until enforcement of the judgment or
decision is stayed as provided in rules 8.1 or 8.3.

     (d) Attorney Fees and Litigation Expenses On Appeal. The
trial court has authority to award attorney fees and litigation
expenses for an appeal in a marriage dissolution, a legal
separation, a declaration of invalidity proceeding, or an action
to modify a decree in any of these proceedings, and in any other
action in which applicable law gives the trial court authority to
do so.

     (e) Postjudgment Motions and Actions To Modify Decision. The
trial court has authority to hear and determine (1) postjudgment
motions authorized by the civil rules, the criminal rules, or
statutes, and (2) actions to change or modify a decision that is
subject to modification by the court that initially made the
decision. The postjudgment motion or action shall first be heard
by the trial court, which shall decide the matter. If the trial
court determination will change a decision then being reviewed by
the appellate court, the permission of the appellate court must
be obtained prior to the formal entry of the trial court
decision. A party should seek the required permission by motion.
The decision granting or denying a postjudgment motion may be
subject to review. Except as provided in rule 2.4, a party may
only obtain review of the decision on the postjudgment motion by
initiating a separate review in the manner and within the time
provided by these rules. If review of a postjudgment motion is
accepted while the appellate court is reviewing another decision
in the same case, the appellate court may on its own initiative
or on motion of a party consolidate the separate reviews as
provided in rule 3.3(b).

     (f) Release of Defendant in Criminal Case. In a criminal
case, the trial court has authority, subject to RCW 9.95.062 and
.064, to fix conditions of release of a defendant and to revoke a
suspended or deferred sentence.

     (g) Questions Relating to Indigency. The trial court has
authority to decide questions relating to indigency as provided
in Title 15 of these rules.

 (h) Supersedeas, Stay, and Bond. The trial court has authority
to act on matters of supersedeas, stays, and bonds as provided in
rules 8.1 and 8.4, CR 62(a), (b), and (h), and RCW 6.17.040.

     (i) Attorney Fees, Costs and Litigation Expenses. The trial
court has authority to act on claims for attorney fees, costs and
litigation expenses. A party may obtain review of a trial court
decision on attorney fees, costs and litigation expenses in the
same review proceeding as that challenging the judgment without
filing a separate notice of appeal or notice for discretionary
review.

     (j) Juvenile Court Decision. The trial court has authority
to enter findings and conclusions in a juvenile offense
proceeding pursuant to JuCR 7.11. The trial court has authority
to act on matters of supersedeas, stays, bonds, the release of a
person, and extension of jurisdiction pending review of a
juvenile court proceeding.

     (k) Perpetuation of Testimony. The trial court has authority
to supervise discovery proceedings pursuant to CR 27.

     (l) Multiple Parties, Claims, or Counts. If the trial court
has entered a judgment that may be appealed under rule 2.2(d) in
a case involving multiple parties, claims, or counts, the trial
court retains full authority to act in the portion of the case
that is not being reviewed by the appellate court.

                           References

     Rule 5.1, Review Initiated by Filing Notice of Appeal or
Notice for Discretionary Review, (f) Order entered after review
accepted; Rule 8.1, Supersedeas in the Trial Court; Rule 8.3,
Appellate Court Orders Needed for Effective Review; Rule 8.4,
Bond With Individual Sureties-- Justification--Objection; CR 62,
Stay of Proceedings To Enforce a Judgment, (a) Automatic stays,
(b) Stay on motion for new trial or for judgment, (d) Multiple
claims or multiple parties; RCW 6.08, Stay of Execution.


 [Amended December 24, 2002]
	

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