Does court lose jurisdiction if motion filed before judgment entry?

Question

In my situation, a motion for reconsideration of an order sustaining a demurrer was filed before the judgment was entered, and the hearing is pending on the court's calendar. I want to understand if the court loses jurisdiction over the case even though the motion was filed before entry of judgment. Moreover, when the court of appeals reviews the case de novo, I am inquiring about how the appellate court approaches considering changes in law related to the motion for reconsideration.

James L. Arrasmith · Answer

If a motion for reconsideration is filed before the entry of judgment, the trial court typically retains jurisdiction to rule on it. The judgment does not become final until it is entered, and until that point, the court maintains authority over the case. Filing the motion beforehand keeps the issue alive, especially if the hearing is scheduled and the court has not yet ruled. 
 
Once judgment is entered, jurisdiction may shift depending on whether a timely motion affects the finality of the judgment. If your motion was properly noticed and remains pending, the court is not deprived of jurisdiction solely due to judgment entry. However, if the court enters judgment and takes no action on the pending motion, you may need to file a notice of appeal to preserve your appellate rights, even if the trial court later acts on the motion. 
 
On appeal, when the standard is *de novo*—as in reviewing an order sustaining a demurrer—the appellate court does not defer to the trial court’s reasoning. It will consider the legal sufficiency of the pleadings anew and may take into account any changes in law that occurred before the appeal is decided. If a change in law is relevant to your claims and was raised in the motion for reconsideration, the appellate court may consider it, especially if it affects the legal theory under review.

Q: Does court lose jurisdiction if motion filed before judgment entry?