 |
|
|
|
|
|
|
|
KENTUCKY
RULES OF CIVIL PROCEDURE CR 73.01 GENERAL PROVISIONS (1) Rules 73, 74, 75 and 76 apply to all appeals in civil actions except as otherwise provided in Rule 72, Rule 98 or in statutes creating special remedies. (2) All appeals shall be taken to the next higher court by filing a notice of appeal in the court from which the appeal is taken. After such filing, if the appeal is from a circuit court, any party may file a motion for transfer of the case to the Supreme Court as provided in CR 74.02. A motion for discretionary review by the Supreme Court of a decision of the Court of Appeals, or by the Court of Appeals of an appellate decision of the circuit court, shall be made as provided in Rule 76.20. (3) 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. (4) The taking of an appeal from a final order or judgment in any action in which the trial court has denied a defense asserted under Rule 12.02 based upon (a) lack of jurisdiction over the person, or (b) improper venue, or (c) insufficiency of process, or (d) insufficiency of service of process, shall not constitute an entry of appearance in said action in any court by the appellant. [Amended by Order 96-1, eff. 1-1-97; prior amendments eff. 11-15-91, 10-1-82, 1-1-78, 7-1-76, 7-1-69, 4-1-63; adopted eff. 7-1-53] CR 73.02 WHEN AND HOW TAKEN (1) (a) The notice of appeal shall be filed within 30 days after the date of notation of service of the judgment or order under Rule 77.04(2). (b) If an appeal or cross-appeal is from an order or judgment of the circuit court, the filing fee required by Rule 76.42(2)(a)(i) or (ii) shall be paid to the clerk of the circuit court at the time the notice of appeal or cross-appeal is tendered, and the notice shall not be docketed or noted as filed until such payment is made. Motions to proceed in forma pauperis on such an appeal or cross-appeal must be addressed to the circuit court. If timely tendered and accompanied by a motion to proceed in forma pauperis supported by an affidavit, a notice of appeal or cross-appeal shall be considered timely but shall not be filed until the motion to proceed in forma pauperis is granted or, if denied, the filing fee is paid. If the motion to proceed in forma pauperis is denied, the party shall have ten days within which to pay the filing fee or to appeal the denial to the appropriate appellate court. Time for further steps in the appeal or cross-appeal shall run from the date that the notice of appeal is filed upon payment of the filing fee or the granting of the motion to proceed in forma pauperis. [Amended by Order 2000-1, eff 2/1/2001] (c) If an appeal or cross-appeal is from an order or judgment of the district court, the filing fee required by KRS 23A.210 or 23A.205(1) shall be paid to the clerk of the district court at the time the notice of appeal or cross-appeal is filed, and the notice shall not be docketed or noted as filed until such payment is made. (d) Upon a showing of excusable neglect based on a failure of a party to learn of the entry of the judgment or an order which affects the running of the time for taking an appeal, the trial court may extend the time for appeal, not exceeding 10 days from the expiration of the original time. (e) The running of the time for appeal is terminated by a timely motion pursuant to any of the Rules hereinafter enumerated, and the full time for appeal fixed in this Rule commences to run upon entry and service under Rule 77.04(2) of an order granting or denying a motion under Rules 50.02, 52.02 or 59, except when a new trial is granted under Rule 59. (2) The failure of a party to file timely a notice of appeal, cross-appeal, or motion for discretionary review shall result in a dismissal or denial. Failure to comply with other rules relating to appeals or motions for discretionary review does not affect the validity of the appeal or motion, but is ground for such action as the appellate court deems appropriate, which may include: (a) A dismissal of the appeal or denial of the motion for discretionary review, (b) Striking of pleadings, briefs, record or portions thereof, (c) Imposition of fines on counsel for failing to comply with these rules of not more than $500, and (d) Such further remedies as are specified in any applicable Rule. (3) When the right of appeal in special civil cases is granted by statute, such appeals shall be prosecuted as provided in KRS 446.190. (4) If an appellate court determines that an appeal or motion is frivolous, it may award just damages and single or double costs to the appellee or respondent. An appeal or motion is frivolous if the court finds that it is so totally lacking in merit that it appears to have been taken in bad faith. [Amended by Order 98-2, eff. 1-1-99; prior amendments eff. 11-15-91 (Order 91-2), 8-28-89, 1-1-87, 7-5-85, 1-1-85, 7-1-81, 1-1-78, 7-1-76, 7-1-69, 4-1-63, 6-1-60; adopted eff. 7-1-53; amended eff 2/1/2001] CR 73.03 NOTICE OF APPEAL (1) The notice of appeal shall specify by name all appellants and all appellees ("et al." and "etc." are not proper designation of parties) and shall identify the judgment, order or part thereof appealed from. It shall contain a certificate that a copy of the notice has been served upon all opposing counsel, or parties, if unrepresented, at their last known address. (2) When the notice of appeal is filed, the clerk shall serve notice of its filing by mailing a copy showing the date filed to the clerk of the appellate court and to the attorney of record of each party or to the party, if unrepresented. The clerk shall note in the civil docket the names of the parties mailed the copies, with date of mailing. Failure of the clerk to comply with this rule does not affect the validity of the appeal. [Amended by Order 91-2, eff. 11-15-91; prior amendments eff. 1-1-85, 1-1-78, 7-1-76, 7-1-69; adopted eff. 7-1-53] CR 73.04 SUPERSEDEAS BOND (1) Whenever an appellant entitled thereto desires a stay on appeal, as provided in Rule 62.03, he may present to the clerk or the court for approval an executed supersedeas bond with good and sufficient surety. The address of the surety shall be shown on the bond. The bond shall be in a fixed amount and conditioned for the satisfaction of the judgment in full together with costs, interest and damages for delay, if the appeal is dismissed or if the judgment is affirmed, and to satisfy in full such modification of the judgment and such costs, including costs on the appeal and interest as the appellate court may adjudge. (2) When the judgment is for the recovery of money not otherwise secured, the amount of the bond shall be fixed at such sum as will cover the whole amount of the judgment remaining unsatisfied, costs on the appeal, interest, and damages for delay, unless the trial court after notice and hearing and for good cause shown fixes a different amount or orders security other than the bond. (3) When the judgment determines the disposition of the property in controversy as in real actions or replevin, or when such property is in the custody of the sheriff, or when the proceeds of such property or a bond for its value is in the custody or control of the court, the amount of the supersedeas bond shall be fixed at such sum only as will secure the amount recovered for the use and detention of the property, the costs of the action, costs on appeal, interest, and damages for delay. A supersedeas bond may be given to stay proceedings on a part of a judgment, and in such case the bond need only secure the part superseded. [Amended by Order 91-2, eff. 11-15-91; prior amendments eff. 7-1-76, 4-1-63, 6-1-60; adopted eff. 7-1-53] CR 73.05 BOND ON APPEAL--REPEALED [Repealed eff. 1-1-78; prior amendment eff. 7-1-76; adopted eff. 7-1-53] CR 73.06 FAILURE TO FILE OR INSUFFICIENCY OF SUPERSEDEAS BOND (1) The sufficiency of the bond or the surety may be determined by the trial court upon motion and hearing. (2) During an appeal, the trial court shall retain original jurisdiction to determine all matters relating to the right to file a supersedeas bond, the amount and sufficiency thereof and the surety thereon. [Amended by Order 91-2, eff. 11-15-91; prior amendments eff. 8-28-89, 1-1-86, 1-1-78, 7-1-76, 7-1-69; adopted eff. 7-1-53] CR 73.07 JUDGMENT AGAINST SURETY By entering into a supersedeas bond, the surety submits to the jurisdiction of the court with which the bond is filed and liability may be enforced on motion without the necessity of an independent action. The motion shall be served on the surety as provided by Rule 5 at least 20 days prior to the date of the hearing. [Amended by Order 91-2, eff. 11-15-91; prior amendments eff. 1-1-78, 6-1-60; adopted eff. 7-1-53] CR 73.08 CERTIFICATION OF RECORD ON APPEAL The record on appeal as constituted under Rule 75 or Rule 76 shall be prepared and certified by the clerk of the court from which the appeal is taken within 10 days after the filing of the transcript of evidence by the court reporter. If the proceedings were taken exclusively by video recordation or if there are no proceedings to transcribe, then the record on appeal shall be certified by the clerk within 30 days after the date of filing the first notice of appeal. In Forma Pauperis cases, the time for certifying the record on appeal in video appeals or in appeals where there is no transcript of evidence shall run from the date the Motion to Proceed In Forma Pauperis is granted. If CR 76.03 applies to the appeal, the time for certifying the record shall begin to run as provided in CR 76.03. The appellate court, in its discretion, may extend the time for certification of the record upon motion and a showing of good cause. [Amended by Order 91-2, eff. 11-15-91; prior amendments eff. 8-28-89, 7-14-88, 1-1-85, 1-1-78, 7-1-76, 6-1-60; adopted eff. 7-1-53] |
|
|
|
Disclaimer We are not attempting to practice law, give advice or represent ourselves as anything more than a resource portal with many unique features. Our design is copyrighted. We have no claim of any affiliation with any linked website nor any liability for anything they may say or do. We, and our contributing authors, offer no warranties of any type, to anyone, about anything express or implied. What you see is what you get, we cannot afford to be your insurer and most assuredly are not your lawyer and do not render you any legal advice whatsoever. No attorney client relationship is established by this site, and there is absolutely no confidentiality of any information or communication herein. No emails received will be responded to pertaining to legal questions or advice. By going further into this site, you accept this complete waiver of all warranties and acknowledge reading our Legal Disclaimer.
© 2001-2004 LouisvilleLaw,
LouisvilleLaw.com
& Kentucky Law Net, LLC
To Suggest a Link or Report broken Links, please contact our Webmaster |
|
|
|
 table of contents |
|
 Next |
|
 Previous |
|
|
