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KENTUCKY
RULES OF CIVIL PROCEDURE [Deleted by Order 91-2, eff. 11-15-91; prior amendments eff. 7-1-76, 7-1-69, 3-1-55; adopted eff. 7-1-53] CR 74.01 CROSS-APPEALS (1) Any party properly named as an appellee or cross-appellee may take a cross-appeal from a judgment of the trial court. A cross-appeal shall be denominated as such and shall be prosecuted like a regular appeal and governed by the Rules applicable thereto, except that the notice of cross-appeal shall be filed not later than 10 days after the last day allowed for the filing of a notice of appeal. The failure of a party taking an appeal to prosecute the appeal, or that party's dismissal of it shall not prevent any party taking a cross-appeal from prosecuting the cross-appeal. (2) A cross-appellant may name as cross-appellee any party to the circuit court action against whom relief is sought on the cross-appeal. (3) Any cross-appellee, who has not previously filed a notice of appeal or cross-appeal from the judgment to be reviewed, may file an additional cross-appeal within ten (10) days of the filing of the notice of cross-appeal which first names that cross-appellee as a party to the appellate action seeking review of this particular judgment. [Amended by Order 93-1, eff. 9-1-93; adopted eff. 11-15-91] CR 74.02 TRANSFER OF APPEAL FROM COURT OF APPEALS TO SUPREME COURT (1) General. Within 10 days after the date on which a notice of appeal to the Court of Appeals has been filed any party may serve and file a motion in the Supreme Court for transfer of the case to that Court. A copy of the notice of appeal shall accompany a motion for transfer filed in the Supreme Court. The requirements of Rule 76.20, excepting paragraphs (1), (2), (9)(a), and (9)(b), shall apply to such motions. (2) Considerations governing transfer. Such transfer is within the discretion of the Supreme Court and will be granted only upon a showing that the case is of great and immediate public importance, except that if separate appeals in a criminal case to the Supreme Court and to the Court of Appeals arise from the same trial, the Supreme Court in its discretion, on motion of the appellant whose appeal lies to the Court of Appeals, may transfer the latter appeal to the Supreme Court. The filing of a notice of appeal in a case in which a death penalty has been imposed will automatically serve to transfer the appeal to the Supreme Court. (3) Running of time. Filing of the motion shall suspend the running of time for further steps in the appeal, and the full time for such steps shall be computed from the date of the order granting or denying the transfer. (4) Granting of motion. If the motion is granted, the appeal shall be perfected and prosecuted as in the instance of appeals taken as a matter of right unless otherwise directed by the Supreme Court. (5) Recommendation by Court of Appeals. The Supreme Court may at any time, upon recommendation of the Court of Appeals, transfer to the Supreme Court any case pending before the Court of Appeals that falls within the criterion set forth in paragraph (2) of CR 74.02. The entry of an order by the Court of Appeals recommending a transfer shall suspend the running of time for any further steps in the appeal, and the full time for such steps shall be computed from the date of the order of the Supreme Court granting or denying the transfer. (6) Costs. Payment of the filing fee specified in Rule 76.42(2)(a) shall be required with the motion. [Adopted by Order 91-2, eff. 11-15-91] |
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