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KENTUCKY
RULES OF CIVIL PROCEDURE
RULE
76
PRACTICE AND PROCEDURE IN COURT OF APPEALS AND SUPREME
COURT
CR
76.38 EFFECTIVE DATE AND RECONSIDERATION OF ORDERS
(1) Effective date.
Unless otherwise directed, all orders of an appellate court, including those in original
proceedings under Rule 76.36, are effective upon entry and filing with the clerk. A decision
or ruling styled an "Opinion and Order" is an order.
(2) Reconsideration.
Unless otherwise provided by these Rules or ordered by the court, a party adversely
affected by a decision rendered by order may within 10 days after the date of its entry move
the court to reconsider it. On ex parte motion the court may suspend the effectiveness of such
order pending disposition of the motion to reconsider. The timely filing of a motion to
reconsider an order granting or denying a motion to dismiss shall suspend the running of time
to the same extent as provided by Rule 76.34(6)(b) with respect to the filing of a motion to
dismiss.
(3) Paragraph (2) of this Rule 76.38 shall not apply to orders granting or denying
interlocutory relief under Rule 65.07 or Rule
65.08, to orders granting or denying transfer
under Rule 74.02, to orders granting or denying discretionary review under
Rule 76.20, or to
orders granting or denying a petition for rehearing under Rule
76.32, which orders will not be
reconsidered.
[Amended by Order 96-1, eff. 1-1-97; prior amendments eff. 9-1-93, 8-28-89, 7-1-81,
12-31-80, 7-1-79; adopted eff. 1-1-78]
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