 |
|
|
|
|
|
|
|
KENTUCKY
RULES OF CIVIL PROCEDURE CR 76.16 ORAL ARGUMENTS (1) Oral arguments on the merits will be heard in all cases appealed from the circuit court unless the appellate court directs otherwise on its own motion or on motion of one or more of the parties to the appeal. CR 76.12(4) provides for the parties to include in their brief statements concerning the need for oral argument in the appeal. In any case where the court orders on its own motion that oral argument shall be dispensed with, any party shall have ten (10) days from the date of the order in which to object and ask for reconsideration. No opinion shall be rendered until the time has expired for making such objection and motion for reconsideration, or if such objection and motion is made, until it can be decided. (2) In an oral argument the party upon whom the burden rests shall have the right to open and close. Unless otherwise directed each side will be allowed 15 minutes. Visual aids based on the record may be used at oral argument with leave of the court. (3) Counsel representing an amicus curiae shall not participate in the oral argument without specific permission by the appellate court granted on motion. (4) A person who is not an attorney at law will be permitted to make an oral argument only with special leave of the court. (5)(a) In death penalty cases in which the appellant has been granted permission to file a brief exceeding fifty (50) pages, appellant shall file and serve upon appellee not later than fourteen (14) days before oral argument a notice of issues that appellant intends to argue orally, with specific reference to the argument number and page numbers of each issue in appellant's brief. If appellant fails to do so, without good cause, appellant's oral argument shall be limited to answering questions from the Court. In death penalty cases, appellant shall file any motion for leave to cite supplemental authority for oral argument not later than fourteen (14) days before oral argument, unless good cause is shown for a later filing. In death penalty cases, appellee shall file any motion for leave to cite supplemental authority for oral argument not later than ten (10) days before oral argument or ten (10) days after service of appellant's designation of issues for oral argument, whichever is earlier, unless good cause is shown for a later filing. (b) In criminal cases before the Supreme Court to which paragraph (5)(a) of this Rule does not apply, appellant shall file and serve upon appellee not later than ten (10) days before oral argument a notice of issues that appellant intends to argue orally, with specific reference to the argument number and page numbers of each issue in appellant's brief. If appellant fails to do so, without good cause, appellant's oral argument shall be limited to answering questions from the Court. [Amended by Order 2000-1, eff 2/1/2001;Amended by Order 98-2, eff. 1-1-99; prior amendments eff. 11-1-95 (Order 95-1), 9-15-90, 1-1-89, 10-1-82; adopted eff. 1-1-78] |
|
|
|
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 |
|
|
