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KENTUCKY
RULES OF CIVIL PROCEDURE CR 72.01 SCOPE OF RULE Rule 72 applies only to appeals from the district court to the circuit court. [Adopted eff. 1-1-78] CR 72.02 WHEN AND HOW TAKEN (1) Appeals from the district court to the circuit court in civil cases shall be taken by filing a notice of appeal in the district court and paying the filing fee required by KRS 23A.210. (2) Two or more persons entitled to appeal may file a joint notice of appeal, or may later join in appeal, if practicable, after filing separate notices of appeal and they shall thereafter proceed as a single appellant. (3) Rules 73.02, 73.03 and 74 are applicable to appeals from the district court to the circuit court except when otherwise provided in statutes creating special remedies, including but not limited to:
[Amended by Order 91-2, eff. 11-15-91; adopted eff. 1-1-78] CR 72.04 RECORD ON APPEAL FROM DISTRICT COURT The record on appeal to the circuit court shall consist of the entire original record of proceedings in the district court, including untranscribed mechanical recordings made under the supervision and remaining in the custody of the district court or clerk. It need not be certified unless and until the Court of Appeals grants a motion for review of the final action of the circuit court disposing of the appeal. [Adopted eff. 1-1-78] CR 72.06 PERFECTING APPEALS AND CROSS-APPEALS FROM DISTRICT COURT (1) To perfect an appeal from the district court the appellant shall file with the clerk of the circuit court the statement of appeal required by Rule 72.10. (2) To perfect a cross-appeal from the district court the party taking it shall file with the clerk of the circuit court the counterstatement required by Rule 72.12. [Amended by Order 81-4, eff. 7-1-81; adopted eff. 1-1-78] CR 72.08 TIME IN WHICH APPEAL FROM DISTRICT COURT MUST BE PERFECTED An appeal from the district court must be perfected within 30 days after the date of filing the first notice of appeal. [Adopted eff. 1-1-78] CR 72.10 STATEMENT OF APPEAL FROM DISTRICT COURT (1) A party or parties appealing from the judgment or a final order of the district court shall file with the clerk of the circuit court and serve on the appellee or appellees a statement of appeal signed by counsel for the appellant and setting forth: (a) The style of the case and the district court docket number; (b) The name, mailing address, and telephone number of each attorney whose appearance is entered in the case, together with the name of the party represented by the attorney; (c) The name of the district judge who presided over the matter being appealed; (d) The date on which the notice of appeal was filed and the date on which any notice of cross-appeal was filed; (e) A statement as to whether the matter has been before the circuit court on any previous occasion and whether reference to the record of the prior appeal is necessary; (f) The type of litigation; (g) A statement as to whether the appellant wants an oral argument; (h) A fair and accurate summary of the evidence heard by the district court, or a statement that the appeal does not require consideration of the evidence; (i) A concise statement of the legal questions and propositions on which the appellant relies for a reversal of the judgment, with citations of pertinent authority; (j) A concise statement of the relief to which the appellant contends he/she is entitled. (2) In a criminal case appealed from district court to circuit court, a statement of appeal shall be served upon both the county attorney and the Commonwealth's attorney. [Amended by Order 98-2, eff. 1-1-99; prior amendments eff. 11-1-95 (Order 95-1), 9-1-93, 1-1-85; adopted eff. 1-1-78] CR 72.12 APPELLEE'S COUNTERSTATEMENT Within 30 days after the date on which the appellant's statement of appeal from the district court was filed the appellee shall file and serve a counterstatement, not exceeding 10 pages, signed by counsel for the appellee and setting forth: (a) The same information required for cross-appeals from the circuit court; (b) A statement of whether the appellee or cross-appellant wants an oral argument; (c) A statement of whether the appellant's summary of the evidence is accepted and, if not, a fair and accurate counterstatement of the evidence in question; and (d) A response to the appellant's statement of legal points and propositions. [Amended by Order 95-1, eff. 11-1-95; prior amendments eff. 9-1-93, 7-1-81; adopted eff. 1-1-78] CR 72.13 COSTS Upon final disposition of an appeal in the circuit court the clerk shall send the parties a statement of what portion, if any, of the filing fee or fees mentioned in Rule 73.02(1)(c) shall be reimbursed by one party to the other, to the end that such costs shall be borne by the unsuccessful party or parties, except, however, that in criminal cases no reimbursement shall be required of the Commonwealth or a municipality. Liability for reimbursement of costs may be enforced on motion without the necessity of an independent action. [Amended by Order 82-2, eff. 10-1-82; adopted eff. 1-1-78] |
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