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KENTUCKY
RULES OF CIVIL PROCEDURE CR 75.01 DESIGNATION OF EVIDENCE OR PROCEEDINGS STENOGRAPHICALLY REPORTED (1) Unless an agreed statement of the case is certified as provided in Rule 75.15, or there are no proceedings to transcribe, the appellant shall file a designation of untranscribed material. The designation shall be filed with the clerk of the trial court and shall be served on the appellee, the court reporter, if any, and the clerk of the appellate court. The designation shall be filed within 10 days of the filing of the notice of appeal unless Rule 76.03 applies to the appeal, in which case, the designation shall be filed within 10 days of the order ending the prehearing procedure under Rule 76.03(3). The designation shall: (1) list such untranscribed portions of the proceedings videotaped or stenographically or mechanically recorded as appellant wishes to be included in the record on appeal and (2) list any depositions or portions thereof as have been filed with the clerk but were not read into evidence and are thus required by Rule 75.07(1) to be excluded from the record on appeal. Within 10 days after the service and the filing of such designation, or within 10 days after the time for filing of such designation has expired, any other party to the appeal may file a designation of additional portions of the untranscribed proceedings videotaped or stenographically or mechanically recorded as that party wishes to be included. If an appellee files the original designation, the parties shall proceed under Rule 75.01 in the same manner as if the original designation had been filed by the appellant. If no designation is required, a statement identifying such depositions, if any, or any portions thereof, as have been filed with the clerk but were not read in evidence and are thus required by Rule 75.07(1) to be excluded from the record on appeal, shall be filed with the clerk of the trial court and served upon the appellee and the clerk of the appellate court within the time periods set forth in this rule. (2) If any part of the proceedings are to be transcribed by a court reporter there shall be attached to the designation a certificate signed by the designating counsel and by the court reporter stating: (a) Date on which transcript was requested; (b) Estimated number of pages; (c) Estimated completion date; and (d) That satisfactory financial arrangements have been made between counsel and reporter for the transcription. (3) Except in cases in which the death penalty was sought at trial, the court reporter shall prepare the transcript of evidence within 50 days from the date of service of the designation of record. If the transcript of evidence cannot be completed within 50 days, it shall be the duty of the court reporter to make a written request to the appellant's attorney who shall file in the appropriate appellate court for an extension of time. If the transcript cannot be completed within 110 days of the service of the designation of the record, the reporter is required to make another written request to the appellant's attorney for an extension and must reduce the transcript preparation fee by 10% for every 30 days over the 110 days. (4) In cases in which the death penalty had been sought at trial, the court reporter shall prepare the transcript of evidence within 170 days from the date of the service of the designation of record. If the transcript cannot be completed within 170 days, it shall be the duty of the court reporter to make a written request to the appellant's attorney who shall file in the Supreme Court of Kentucky for an extension of time. If the transcript cannot be completed within 230 days of the service of the designation of record, the reporter is required to make another written request to the appellant's attorney for an extension and must reduce the transcript preparation fee by 10% for every 30 days over the 230 days. (5) All written requests for extensions by the court reporter to the appellant's attorney must be made at least ten (10) days before the expiration of the period as originally prescribed or as extended by a previous order. (6) The court reporter shall immediately notify all counsel of record of the completion and filing of the transcript of evidence and one (1) copy with the clerk of the circuit court. [Amended by Order 98-2, eff. 1-1-99; prior amendments eff. 1-1-97 (Order 96-1), 9-1-93, 11-15-91, 8-28-89, 1-1-89, 7-1-81, 7-1-79, 1-1-78, 7-1-76, 7-1-69; adopted eff. 7-1-53] CR 75.02 TRANSCRIPT OF EVIDENCE AND PROCEEDINGS (1) If there be designated for inclusion any proceedings that were not videotaped or mechanically recorded but were stenographically recorded, the court reporter shall file promptly in the trial court the original and one copy of the transcript of the portion or portions thereof included in the designation. If the designation includes only a portion or portions of the reporter's transcript, the court reporter at the request of the appellant shall file such additional portions as the appellee would reasonably require to enable him or her to complete the record on appeal and if the appellant fails to do so the trial court on motion may require the additional material needed to be so furnished. Initially the cost of a transcript will be borne by the party designating it. (2) Except in cases in which the death penalty was sought at trial, unless otherwise directed by the court, the transcript of proceedings shall include only those portions of the voir dire or opening statements and closing arguments by counsel which were properly objected to in the proceedings in the trial court and which are designated by one of the parties to be a part of the record on appeal. (3) In the event any of the proceedings designated for inclusion have been videotaped or mechanically recorded, it shall not be necessary that they be transcribed, and in lieu of a transcript the original tapes or recordings shall be transmitted by the clerk pursuant to Rule 75.07. [Amended by Order 98-2, eff. 1-1-99; prior amendments eff. 11-15-91 (Order 91-2), 1-1-88, 1-1-84, 7-1-81, 1-1-78, 7-1-76, 6-1-60; adopted eff. 7-1-53] CR 75.03 FORM OF TESTIMONY Testimony of witnesses designated for inclusion may be either in question and answer form or in narrative form. A party may prepare and file with his designation a condensed statement in narrative form of all or part of the testimony, and any other party to the appeal, if dissatisfied with the narrative statement may require testimony in question and answer form to be substituted for all or part thereof. [Adopted eff. 7-1-53] CR 75.04 STATEMENT OF POINTS--REPEALED [Repealed eff. 1-1-78; prior amendment eff. 7-1-76; adopted eff. 7-1-53] CR 75.05 RECORD TO BE ABBREVIATED No party shall designate any matter not essential to the decision of the questions presented by the appeal. For any infraction of this rule or for the unnecessary substitution by one party of evidence in question and answer form for a fair narrative statement proposed by another, the appellate court may withhold or impose costs as the circumstances of the case and discouragement of like conduct in the future may require; and costs may be imposed upon offending attorneys or parties. On motion the trial court may require a party filing a counterdesignation under Rule 75.01 to advance all or part of the costs of the additional record if it does not appear reasonably necessary to the disposition of the appeal. [Amended eff. 7-1-76; prior amendment eff. 7-1-69; adopted eff. 7-1-53] CR 75.06 STIPULATION AS TO RECORD Instead of serving designations as provided in Rule 75.01, the parties by stipulation filed with the clerk of the trial court may designate the parts of the proceedings and evidence to be included in the record on appeal. [Amended eff. 1-1-78; prior amendment eff. 7-1-76; adopted eff. 7-1-53] CR 75.07 RECORD TO BE PREPARED AND TRANSMITTED BY CLERK (1) The clerk of the trial court shall prepare and certify the entire original record on file in his or her office, in accordance with the requirements of paragraphs (10) and (11) of this Rule 75.07, including the designations or stipulations of the parties with respect to proceedings videotaped or stenographically or mechanically recorded and a certified copy (rather than the original) of the docket assigned to the action, but excluding depositions not read in evidence. (2) The transcript of proceedings stenographically recorded (or videotapes or tapes or recordings of proceedings mechanically recorded), or such lesser portions thereof as have been designated or agreed upon by stipulation, shall when filed with the clerk be certified as a part of the record on appeal. (3) Except for (a) documents, (b) maps and charts, and (c) other papers reasonably capable of being enclosed in envelopes, exhibits shall be retained by the clerk and shall not be transmitted to the appellate court unless specifically directed by the appellate court on motion of a party or upon its own motion. (4) The written record on appeal shall include the juror strike sheets made pursuant to RCr [Kentucky Rules of Criminal Procedure] 9.36. (5) The matter certified under subsections (1), (2), (3) and (4) of this Rule shall constitute the record on appeal. It is the responsibility of the appellant to see that the record is prepared and certified by the clerk within the time prescribed by Rule 73.08. (6) If the appeal is to the Court of Appeals or Supreme Court, the clerk of the circuit court or of the Court of Appeals in workers' compensation cases, or original proceedings pursuant to CR 76.36(7) shall immediately notify the clerk of the appellate court when the record has been completed and certified as required by this Rule, and shall simultaneously serve copies of such notification upon all parties to the appeal. Such notification shall indicate the name or names of counsel for the appellant. The clerk shall enter the fact and date of such notification in the docket of the case, and the date of such docket entry shall govern the time allowed by Rule 76.04 for perfecting the appeal. (7) The record on appeal shall be retained under the responsibility and control of the clerk of the trial court until it is transmitted to the clerk of the appellate court. It will be made available first to counsel for the appellant and then to counsel for the appellee. If it is removed from the clerk's office, counsel for the appellant shall return it before submitting his or her brief to the appellate court in order that it may be available to counsel for the appellee. Counsel for the appellee shall return it before submitting his or her brief to the appellate court. If it is withdrawn by counsel for the appellant for the purpose of preparing a reply brief it shall be returned before such brief is submitted to the appellate court. In no event shall the original of a tape or other mechanical recording be removed from the clerk's office, nor shall a record on appeal be retained by counsel beyond the filing date on which his or her appellate brief is due. (8) Whenever the clerk permits a record on appeal to be withdrawn by counsel, the original of the reporter's transcript, including evidentiary exhibits, shall be retained in the clerk's office until it is transmitted to the appellate court. (9) Withdrawals and returns of the record on appeal shall be noted by the clerk on the docket kept for that action (which, in the instance of appeals from the district court, shall be the circuit court's appellate docket). (10) All parts of the written record on appeal shall be arranged in the order in which they were filed or entered. If the record comprises more than 150 pages, it shall be divided into two or more volumes not exceeding 150 pages each. Each volume shall be securely bound at the left side. (11) There shall be a general index at the beginning of the record and an index to each volume in the front thereof which shall show, in the order in which they appear, the pages on which all pleadings, orders, judgments, instructions, and papers may be found, together with the name of each witness and the pages on which his or her examination and cross-examination appear. All exhibits filed with the record shall be sufficiently identified and the index shall direct where they may be found. (12) If the appeal is to the Court of Appeals or Supreme Court, the clerk of the trial court shall transmit the record on appeal to the appellate court when so requested by the clerk of that court. [Amended by Order 98-2, eff. 1-1-99; prior amendments eff. 10-1-94 (Order 94-1), 7-1-81, 9-1-80, 7-1-78, 1-1-78, 7-1-76, 7-1-69, 4-1-63, 6-1-60; adopted eff. 7-1-53] 75.08 POWER OF COURT TO CORRECT OR MODIFY RECORD It is not necessary for the record on appeal to be approved by the trial court or judge thereof except as provided in Rule 75.12, Rule 75.13, and Rule 76, but if any difference arises as to whether the record truly discloses what occurred in the trial court, the difference shall be submitted to and settled by that court and the record made to conform to the truth. If anything material to either party is omitted from the record on appeal by error or accident or is misstated therein, the parties by stipulation, or the trial court, either before or after the record is transmitted to the appellate court, or the appellate court, on a proper suggestion or of its own initiative, may direct that the omission or misstatement shall be corrected, and if necessary that a supplemental record shall be certified and transmitted by the clerk of the trial court. All other questions as to the content and form of the record shall be presented to the appellate court. [Amended eff. 7-1-76; adopted eff. 7-1-53] CR 75.09 ORDERS AS TO ORIGINAL PAPERS--REPEALED [Repealed eff. 7-1-76; adopted eff. 7-1-53]
CR 75.10 RECORD FOR PRELIMINARY HEARING IN AN APPELLATE COURT If at any time before the record on appeal to the Court of Appeals or Supreme Court has been transmitted to the appellate court a party desires to move that court for a dismissal, for a stay pending appeal, or for any other intermediate order, the clerk of the trial court at his request shall prepare for transmission to the appellate court a photocopy of the judgment or order from which the appeal is taken, the notice of appeal and such other portions of the record as the parties may request or as may be necessary including a copy of the certificate as to transcript under Rule 75.01(2), if applicable. [Amended by Order 89-1, eff. 8-28-89; prior amendments eff. 12-31-80, 1-1-78, 7-1-76, 7-1-69; adopted eff. 7-1-53] CR 75.11 SEVERAL APPEALS When more than one appeal is taken to an appellate court from the same judgment, a single record on appeal shall be prepared containing all the matter designated or agreed upon by the parties, without duplication. If there are separate appeals to the Supreme Court and Court of Appeals in a criminal case, a copy of the original record shall be made up and certified as the record on appeal to the Court of Appeals. [Amended eff. 10-1-78; prior amendment eff. 7-1-76; adopted eff. 7-1-53] CR 75.12 APPEALS IN FORMA PAUPERIS--DELETED [Deleted by Order 91-2, eff. 11-15-91; prior amendments eff. 2-13-81, 7-1-76; adopted eff. 7-1-53] CR 75.13 NARRATIVE STATEMENT (1) In the event no videotape, mechanical or stenographic record of the evidence or proceedings at a hearing or trial was taken or made or, if so, cannot be transcribed or are not clearly understandable from the tape or recording, the appellant may prepare a narrative statement thereof from the best available means, including his/her recollection, for use instead of a transcript or for use as a supplement to or in lieu of an insufficient mechanical recording. This statement shall be served on the appellee, who may serve objections or proposed amendments thereto within 10 days after service upon him/her. Thereupon the statement, with the objections or proposed amendments, shall be submitted to the trial court for settlement and approval, and as settled and approved shall be included in the record on appeal. (2) By agreement of the parties a narrative statement of all or any part of the evidence or other proceedings at a hearing or trial may be substituted for or used in lieu of a stenographic transcript or mechanical recording. [Amended by Order 98-2, eff. 1-1-99; prior amendments eff. 7-1-81 (Order 81-4), 7-1-79, 7-1-76; adopted eff. 7-1-53] CR 75.14 BYSTANDERS BILL In the event that the trial judge refuses or is unable for any reason to approve a record of the proceedings and evidence when submitted to him for settlement; or in the event he approves such a record or enters a correction thereon over a party's objection, an aggrieved party may, within five days after the trial judge's action, serve an exception as written by him, if its truth is attested by the affidavits of two bystanders, but its truth may be controverted and maintained by other affidavits so served, not exceeding five on either side. Affidavits controverting must be filed within five days after the serving of the correction and those maintaining within 10 days after the serving of the correction. [Adopted eff. 7-1-53] CR 75.15 RECORD ON APPEAL; AGREED STATEMENT When the questions presented by an appeal can be determined without an examination of all the proceedings and evidence in the trial court, the parties may prepare and sign a statement of the case showing how the questions arose and were decided in the trial court and setting forth only so many of the facts averred and proved or sought to be proved as are essential to a decision of the questions by the appellate court. The statement shall include a copy of the judgment appealed from, a copy of the notice of appeal with its filing date, and a concise statement of the points to be relied on by the appellant. If the statement conforms to the proceedings and evidence it shall, with such additions as the trial court may consider necessary fully to present the questions raised by the appeal, be approved by the trial court and shall then be certified to the appellate court as the record on appeal in lieu of the record specified in Rule 75.07. [Adopted eff. 1-1-78] |
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