KENTUCKY RULES OF CIVIL PROCEDURE
RULE  CR 79 BOOKS AND RECORDS TO BE KEPT 
BY CLERKS OF COURTS

CR 79.01 DOCKETS

     (1) The clerk of each trial court shall keep a docket for each original action filed in that court. Actions shall be assigned consecutive file numbers as prescribed in the Circuit Clerks Manual published by the Administrative Office of the Courts. The file number of each action shall be inscribed on the heading of the page of the docket on which the first entry of the action is made. All papers filed with the clerk, process issued and returns made, appearances, orders, verdicts, and judgments shall be marked with the file number and shall be noted chronologically in the docket on the page or pages of the docket assigned to the action. These notations shall be brief but shall show the nature of each paper filed or issued and the substance of each order or judgment of the court and of the returns showing execution of process. The notation of an order or judgment shall show the date the notation is made. When a trial by jury has been properly demanded or ordered the clerk shall enter the word "jury" on the heading of the page of the docket on which the first entry of the action is made.

     (2) The circuit court clerk shall keep for each action appealed to that court a separate appellate docket. Such actions shall be assigned consecutive file numbers as prescribed in the Circuit Clerks Manual published by the Administrative Office of the Courts. The provisions of paragraph (1) of this Rule 79.01 relating to entries on the docket shall apply also to the appellate docket.

Amended eff. 1-1-78; prior amendments eff. 7-1-76, 4-1-63; adopted eff. 7-1-53

CR 79.02 ENTRY OF SATISFACTION OF JUDGMENT

     When a judgment has been satisfied such satisfaction may be certified upon the records of the Circuit Court as follows:

     (1) Upon the return of an execution showing that a judgment has been satisfied the clerk shall thus enter satisfaction on the judgment: "Satisfaction by execution." A party or his attorney receiving satisfaction of a judgment otherwise than by execution may make, date and sign this entry on the margin of the judgment: "Satisfaction in full." The court may upon motion compel an entry of satisfaction to be made.

     (2) The satisfaction of the judgment may be shown by the entry of a document styled satisfaction of judgment indicating that it has been satisfied in full. The aforesaid Satisfaction of Judgment should be executed by the party or his attorney having received said satisfaction. The court may upon motion compel an entry of satisfaction to be made.

Amended by Order 89-1, eff. 8-28-89; prior amendments eff. 1-1-78, 7-1-76, 4-1-63; adopted eff. 7-1-53

CR 79.03 INDICES AND CALENDARS

     Suitable indices of the dockets required by Rule 79.01 and Criminal Rule 13.01 shall be kept by the clerk of each trial court in the form and manner prescribed in the Circuit Clerks Manual published by the Administrative Office of the Courts. The clerk shall prepare, under the direction of the trial court, calendars of all actions assigned for trial which shall distinguish "jury actions" from "court actions."

Amended eff. 1-1-78; prior amendment eff. 7-1-76; adopted eff. 7-1-53

CR 79.04 OTHER RECORDS

     The clerk of each trial court shall keep such other records as may be required by the Circuit Clerks Manual published by the Administrative Office of the Courts.

Amended eff. 1-1-78; prior amendment eff. 7-1-76; adopted eff. 7-1-53

CR 79.05 ORIGINAL RECORD; REMOVAL AND TRANSFER

(1) General.

The clerk of each trial court shall maintain separately all papers filed, entered, issued or returned in each action, which with the docket required by Rule 79.01 or by Criminal Rule 13.01 shall constitute the original record. Except when transmitted to an appellate court or withdrawn by counsel pursuant to Rule 75.07, no original record shall be removed from the office of the clerk unless by a court order. However, when necessary in the hearing of a motion or in the taking of some step in an action or proceeding that is to be conducted by the court out of the county in which the record is kept, an attorney of record in the action, or if a party is not represented by an attorney, the party himself, may make a written and signed request to the clerk that the original record be transferred to the circuit clerk of the county wherein the hearing is to be conducted. Upon receipt of such request the clerk shall forthwith transmit the record as requested. The record shall be returned promptly after completion of the event necessitating the transfer.

(2) Recording of wills.

     When a will is admitted to probate the clerk shall lodge the original will and a certified copy of the order admitting it with the county clerk for recording. It shall be the responsibility of the proponent of the will to see that the will and certified copy of the order are duly recorded and to pay the county clerk's recording fee. The original order admitting the will to probate and a certified copy of the will shall be retained in the record of the probate action.

(3) Exhibits.

     The clerk may dispose of exhibits six (6) months after the action becomes final, unless sooner withdrawn by the parties.

Amended by Order 89-1, eff. 8-28-89; prior amendments eff. 3-1-78, 1-1-78, 7-1-76; adopted eff. 7-1-53

CR 79.06 CLERKS OF THE COURT OF APPEALS AND SUPREME COURT

(1) Scope of rule.

     Rule 79.06 applies only to the clerks of the Court of Appeals and Supreme Court.

(2) General docket.

     The clerk of each appellate court shall keep a general docket in which shall be recorded all appeals and original proceedings in that court. It shall show the number and style of each case and the dates it is docketed, submitted, or sent to the court, and decided. In appealed cases it shall show also the county from which appealed, whether it is civil or criminal, and if advanced; the dates briefs are filed; the dates a petition for rehearing, modification or extension is filed and ruled on and the nature of the ruling; and the date the order or opinion became final.

(3) Docketing of appeals.

     No action in or appeal to the Court of Appeals or Supreme Court will be docketed until the filing fee required by Rule 76.42(2) is paid. Subject to that requirement, an appeal shall be docketed when the appellate court clerk receives copies of the notice of appeal, judgment, and receipt for the filing fee from the appropriate court clerk. A motion for relief under Rule 65.07 or 65.09 shall also be treated as an appeal and shall be docketed when it is filed and the filing fee is paid. A motion for relief under CR 65.08 shall be treated as an interlocutory motion in the pending appeal from the final judgment and shall not receive a separate docketing number in the Court of Appeals.

(4) Docket sheets.

     The clerk shall attach to each case record a docket sheet which shall bear the style and file number of the case, a brief indication of the subject-matter, the names and addresses of the attorneys, and in appealed cases the county and appellate district from which appealed and the name and address of the trial judge. Every step taken in the case shall when taken be entered by the clerk on the docket sheet.

(5) Docket of motions for transfer and review.

     The clerk of the Supreme Court shall keep a special docket of motions for transfer of cases from the Court of Appeals and a special docket of motions for review of cases from the Court of Appeals. They shall show the style of each case, the county from which it comes, the dates of filing, responding, submission and ruling, and the nature of the ruling. After the motion is granted, the appeal shall be transferred to the general docket at the time specified in paragraph (3) of this Rule 79.06.


(6) Filing of papers.

     Nothing lodged with the clerk in connection with an original proceeding or an appealed case, or on which action of any kind by the court is sought, shall be docketed or noted as a step in a proceeding unless (a) it is tendered within the time allowed for its filing and otherwise conforms to these rules and (b) the filing fee mentioned in paragraph (3) of this Rule 79.06 has been paid. A late, unauthorized, or otherwise nonconforming paper will be considered only by leave of the court.

(7) Request for transmittal of record on appeal.

     (a) Transmittal of the record on appeal from the clerk of the trial court shall be requested by the clerk of the appellate court when the appellant's reply brief is filed or at the expiration of the time allowed for its filing, whichever is the sooner, with the following exceptions in criminal cases (including proceedings under RCr 11.42):

          (i) If the notification required by Rule 75.07(5) indicates that counsel for the appellant is the Public Advocate of the Commonwealth or the Attorney General of the Commonwealth, the clerk of the appellate court shall request transmittal of the record forthwith; or

          (ii) If the notification required by CR 75.07(5) indicates that counsel for the appellant is someone other than the Public Advocate of the Commonwealth or the Attorney General of the Commonwealth or that the appellant is acting pro-se, the clerk of the appellate court shall request transmittal of the record when the appellant's brief is filed. Should the appellant fail to file a brief, the clerk need not request the record unless so directed by the court.

     (b) The record on appeal in a civil case shall not be requested by the clerk until the appellant has complied with the applicable provisions of Rule 76.02.

Amended by Order 98-2, eff. 1-1-99; prior amendments eff. 11-1-95 (Order 95-1), 7-1-81, 7-1-79; adopted eff. 1-1-78

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