Ky. Sup. Ct. Order 2022-49 art. III

RAP 5 Service, Form, and Filing

(A) Service. All documents filed pursuant to these rules shall be

served as set forth in CR 5.01 and 5.02 and shall contain a certificate

indicating the date and manner of service signed by a party or its counsel

as set forth in CR 5.03.

(B) Form.

(1) Caption. All documents filed pursuant to these rules shall

have a caption setting forth the name of the court, the style of the action,

the case number, and a title. The style of the action may include the

names and designations of all the parties or may state the name and

designation of the first party on each side with an appropriate indication

of other parties.

(2) Redactions. CR 7.03 applies to all actions prosecuted

under these rules. Initials or a descriptive term must be used instead of

a name in cases involving juveniles, allegations of abuse and neglect,

termination of parental rights, mental health, and expungements.

(3) Signature. All documents filed pursuant to these rules shall

be signed by a party or its counsel as set forth in RAP 11.

(4) Format. Except for exhibits, or as otherwise provided in

these rules or other orders of the appellate courts, all documents filed in

the appellate courts shall be clearly readable, in black type no smaller

than 12 point, single sided, and on unglazed white paper 8 ½ by 11

inches in dimension with at least a double space between lines and 1-inch margins.

(C) Filing with the Clerk. All notices of appeal or cross-appeal,

designations of the record, in forma pauperis motions, motions for

supersedeas bonds, and motions for bond on appeal in criminal

proceedings shall be filed in the court from which the appeal is taken.

All other documents required or permitted by these rules shall be timely

filed with the clerk of the court in which the appeal is pending.

(D) Clerk’s Duties Regarding Filing and Service. The clerk shall

endorse upon every document filed in an action the date of its filing.

Such endorsement shall constitute the filing of the document and no

order of court shall be required.

(E) Filing Timeliness. To be timely filed, a document shall be

received by the clerk of the court in which the appeal is pending within

the time specified for filing. Any document filed with the Clerk of the

Supreme Court of Kentucky or Kentucky Court of Appeals shall be

deemed timely filed if it has been transmitted by United States registered

(not certified) or express mail, or by other recognized mail carriers, with

the date the transmitting agency received said document from the sender

noted by the transmitting agency on the outside of the container used for

transmitting, within the time allowed for filing, or by any other method

allowed by court rule or order.

(F) Deficiency. If the Supreme Court of Kentucky or the Kentucky

Court of Appeals issues a deficiency notice regarding any document filed

in that court, a party receiving such a notice shall file a corrected

document within 10 days of the date of the notice.

RAP 6 Computing and Extending Time

(A) Computing Time. In computing any period of time prescribed or

allowed by these rules, by order of court, or by any applicable statute,

the day of the act, event, or default after which the designated period of

time begins to run is not to be included. The last day of the period so

computed is to be included, unless it is a Saturday, a Sunday or a legal

holiday, in which event the period runs until the end of the next day that

is not a Saturday, a Sunday, or a legal holiday. When the period of time

prescribed or allowed is less than 7 days, intermediate Saturdays,

Sundays, and legal holidays shall be excluded in the computation.

(B) Leave of Court Required for Extension or Enlargement. Parties

may not by agreement extend time without leave of court.

(C) Extensions Sought Before a Due Date. The court for cause

shown may, at any time in its discretion, with or without motion or

notice, extend the time for an act that is required or allowed to be done

within a specified time if the request is made before the expiration of the

period originally prescribed or as extended by a previous order, but it

may not extend the time for taking any action under RAP 3, 4, or 17.

(D) Enlargement of Time Sought After a Due Date. Upon the filing

of a motion for enlargement made after the expiration of a due date, the

court may in its discretion grant an enlargement of time where the failure

to act was the result of excusable neglect. No enlargement of time will be

granted for taking any action under RAP 3, 4, 17, or 44.

RAP 7 Motions

(A) In General. An application to the court for an order or other relief

shall be by motion which shall be made in writing, comply with RAP 5,

state with particularity the grounds therefor, and set forth the relief or

order sought.

(B) Redactions. CR 7.03 applies to all actions prosecuted under these

rules. Initials or a descriptive term must be used instead of a name in

cases involving juveniles, allegations of abuse and neglect, termination of

parental rights, mental health, and expungements.

(C) Response. An opposing party may file a response no later than 10

days from the date a motion was filed or within the time otherwise

designated by the court.

(D) Number of Copies. Five copies (1 unbound and 4 bound) of

motions and responses shall be filed in the Court of Appeals. Except as

otherwise directed by RAP 43 through 46, 5 copies (1 unbound and 4

bound) of motions and responses shall be filed in the Supreme Court,

unless the Court directs otherwise.

(E) Hearing and Disposition. Except for motions that call for final

disposition of an appeal or original action in the appellate court, any

member of the court designated by the Chief Justice or Chief Judge may

hear and dispose of any motion.

(F) Oral Arguments. No motion will be heard on oral argument except

by order of the court.

(G) Motion to Dismiss Appeal or Cross-Appeal.

(1) In addition to any other relief provided by these rules, an

adversary party may move to dismiss an appeal or cross-appeal because

it is not within the jurisdiction of the appellate court or because it has

not been prosecuted in conformity with these rules.

(2) The filing of a motion to dismiss shall suspend the running

of time for procedural steps otherwise required with regard to the appeal

and any cross-appeal in the same proceeding. The time will continue to

run as otherwise provided by these rules after the date an order is

entered denying the motion or passing it to the merits.

RAP 8 Death, Substitution, and Amendment of Parties

(A) Death of a Party in a Civil Case.

(1) If a party in a civil case dies after a notice of appeal is filed or

while a proceeding is otherwise pending in the appellate court, the

personal representative of the deceased party may be substituted as a

party on motion filed with the clerk of the appellate court by the

representative or by any party. If the deceased party has no

representative, any party may suggest the death on the record and

proceedings shall be had as the appellate court may direct.

(2) If a party against whom an appeal may be taken dies after

entry of a judgment or order in the trial court but before a notice of

appeal is filed, an appellant may proceed as if death had not occurred.

After the notice of appeal is filed, substitution shall be effected in the

appellate court in accordance with this paragraph.

(3) If a party entitled to appeal shall die before filing a notice of

appeal, the notice of appeal may be filed by the party’s personal

representative, or, if the party has no personal representative, by the

party’s attorney of record within the time prescribed by these rules. After

the notice of appeal is filed, substitution shall be effected in the appellate

court in accordance with this rule.

(4) Any statutorily required application to revive an action shall

be filed in the trial court.

(B) Death of Defendant in a Criminal Appeal. No notice of appeal

may be filed if the defendant in a criminal case has died. Upon notice of

the defendant’s death, the appeal shall be dismissed.

(C) Duty to Notify of Death of a Party. All parties, and counsel for

parties, to an appeal have a duty to notify the court when a party to the

appeal has died.

(D) Public Officer as Party. When a public officer is a party to an

appeal or other proceeding in the officer’s official capacity, the officer may

be described as a party by official title rather than by name. The

appellate court may, however, require the officer’s name to be added.

(E) Public Officer’s Death or Separation from Office. When a public

officer is a party in the officer’s official capacity to an appeal or other

proceeding in the appellate court and dies, resigns, or otherwise ceases

to hold office, the action does not abate, and the successor is

automatically substituted as a party. Proceedings following the

substitution shall be in the name of the substituted party, but any

misnomer not affecting the substantial rights of the partiesl be

disregarded. An order of substitution may be entered at any time, but

the failure to enter such an order shall not affect the substitution.

(F) Substitution for Other Causes. If substitution of a party in the

appellate court is necessary for any reason other than as set forth above,

substitution shall be effected by motion filed in the appellate court in

which the matter is then pending.

RAP 9 Intervention on Appeal

(A) Upon motion or recommendation by the court anyone may be

permitted to intervene on appeal for the reasons in CR 24.01(1) and CR

24.02, except that intervention on appeal is discretionary with the court.

(B) A motion to intervene shall state the proposed intervenor’s interest

in the appeal; state whether the proposed intervenor seeks to file a

separate brief, to join in the brief of a party to the appeal, or to file a joint

brief with another proposed intervenor; and set forth the reasons

intervention would assist the court. When the constitutionality of an act

of the General Assembly was raised in the trial court and is drawn into

question by the proposed intervenor, the proposed intervenor shall serve

a copy of the motion upon the Attorney General. The motion shall

otherwise conform to RAP 7 with service on all parties to the appeal.

(C) Any party objecting to the proposed intervention may file a

response within 10 days. The response shall otherwise conform to RAP 7

with service on all parties and the proposed intervenor. The court shall

determine, in its discretion, whether intervention shall be granted and, if

so, whether the proposed intervenor shall be aligned as appellant or

appellee and whether the proposed intervenor shall be permitted to file a

separate brief.

RAP 10 Failure to Timely Appeal or Comply with Other Rules

(A) Dismissal of appeal. The failure of a party to timely file a notice of

appeal, cross-appeal, or motion for discretionary review shall result in a

dismissal or denial.

(B) Consequences for failing to comply with rules. A party’s failure

to take any step other than the timely filing of a notice of appeal, cross-appeal, or motion for discretionary review does not affect the validity of

the appeal or other proceeding in an appellate court. Although failure to

comply with rules other than timely filing of a notice of appeal, cross-appeal, or motion for discretionary review does not affect the validity of

an appeal or other proceeding, the failure of a party to substantially

comply with the rules is ground for such action as the appellate court

deems appropriate, which may include:

(1) A deficiency notice or order directing a party to take specific

action,

(2) A show cause order,

(3) Striking of filings, briefs, record or portions thereof,

(4) Imposition of fines on counsel for failing to comply with

these rules of not more than $1,000,

(5) A dismissal of the appeal or denial of the motion for

discretionary review, and

(6) Such further remedies as are specified in any applicable

rule.

RAP 11 Obligation of Counsel and Self-Represented Party;

Frivolous Filings

(A) Obligation of Counsel and Self-Represented Parties.

(1) Every filing of a party represented by an attorney shall be

signed by at least one attorney of record in that attorney’s individual

name, whose address shall be stated. A party who is not represented by

an attorney shall sign the party’s filing and state the party’s address.

The signature of an attorney or party constitutes a certification that the

signatory has read the filing, that to the best of the signatory’s

knowledge, information, and belief formed after reasonable inquiry it is

well grounded in fact and is warranted by existing law or a good faith

argument for the extension, modification, or reversal of existing law, and

that it is not interposed for any improper purpose, such as to harass or

to cause unnecessary delay or needless increase in the cost of litigation.

(2) If a filing is not signed, it shall be stricken unless it is signed

promptly after the omission is called to the attention of the filer. If a

filing is signed in violation of this rule, the court, upon motion or upon

its own initiative, shall impose upon the person who signed it, a

represented party, or both, an appropriate sanction, which may include

an order to pay to the other party or parties the amount of the

reasonable expenses incurred because of the filing of the unsigned

document.

(B) Frivolous filings. An appeal or motion is frivolous if the court

finds that it is so totally lacking in merit that it appears to have been

taken in bad faith. If an appellate court determines that an appeal or

appellate filing is frivolous, it may impose an appropriate sanction,

including but not limited to:

(1) Striking of filings or briefs or portions thereof;

(2) A dismissal of the appeal or denial of the motion;

(3) Awarding just monetary sanctions and single or double costs

to the opposing party;

(4) Imposition of fines on counsel of not more than $1,000; and

(5) Such further remedies as are specified in any applicable

rule.

RAP 12 Appearance, Substitution, or Withdrawal of Attorneys

(A) Notice of Appearance or Substitution. Any attorney appearing

on behalf of a party after the initiating document has been filed shall file

a notice of entry of appearance. Any attorney substituting for another

attorney shall file a notice of substitution, which will act as a withdrawal

for the previous attorney.

(B) Motion to Withdraw. Without substitution of another attorney,

an attorney shall not withdraw from representation except upon motion

to withdraw granted by the court. In addition to the service required

under RAP 5(A), service of a motion to withdraw shall also be made on

the client at the client’s last known address.

RAP 13 Costs and Filing Fees

(A) Costs Taxable. Except for a filing fee, no costs shall be taxed in

proceedings in the Supreme Court and Court of Appeals unless otherwise

ordered by the Court.

(B) Filing Fees.

(1) Filing fees for docketing the following in the Court of Appeals

or in the Supreme Court shall be:

(a) Appeal, cross-appeal or certification of law $150

(b) Appeals or cross-appeals from Circuit Court, $75

Family Division, to the Court of Appeals, from

orders determining:

(1) Paternity

(2) Dependency, neglect or abuse

(3) Domestic violence

(4) Juvenile status offense

(c) Motion for transfer $150

(d) Motion or cross-motion for discretionary review $150

(e) Petition for rehearing, modification or extension $150

of opinion

(f) Motion for leave to file amicus curiae brief $150

(g) Motion for intermediate relief (if filing fee has $150

not been paid)

(h) Motion for relief under RAP 20 $150

(i) Original proceeding under RAP 60 $150

(j) Motion for reconsideration of a final order or $150

“Opinion and Order”

(k) Petition or cross-petition for review of a $150

decision by the Workers’ Compensation Board

(2) In appeals from District Court, the filing fee is $60, plus any

additional fees set by statute, local rule, or ordinance.

(3) No filing fee shall be payable when the appellant or

appellants are represented by a public defender. No filing fee shall be

payable by the Commonwealth, but in civil actions it shall be liable for

reimbursement of costs as provided by paragraph (C) of this rule to the

same extent as any other unsuccessful party. Judicial officers of the

Court of Justice who are litigants in their official capacities shall not be

liable for reimbursement or for the payment of filing fees except as may

be required by the Supreme Court in actions arising under Supreme

Court Rule 4 (Judicial Retirement and Removal Commission).

(C) Collection. The costs of each appeal or original action shall be

borne by the unsuccessful party or parties. Liability for reimbursement

of costs may be enforced on motion without necessity of an independent

proceeding.

RAP 14 Number of Documents Required

(A) Number of Documents Required for Docketing. The required

number of documents for docketing in the Court of Appeals and Supreme

Court shall be:

Supreme Court of Rule

Court Appeals References

(1) Motion to transfer 10 N/A RAP 17

(2) Certification of Law 10 N/A RAP 50

(3) Motion for relief from 10 5 RAP 20

order regarding injunction

(4) Prehearing Conference N/A 1 RAP 22

Statement

(5) Briefs 10 5 RAP 31

(6) Petition for rehearing 10 5 RAP 43

(7) Motion for reconsideration 10 5 RAP 43

(8) Motion for discretionary 10 5 RAP 44

review

(9) Cross-motion for 10 5 RAP 46

discretionary review

(10) Petition for review N/A 5 RAP 49

workers’ compensation

proceedings

(11) Motion for amicus (and 10 5 RAP 34,

substantive filing) 43(C), 45

(12) Original proceedings 10 5 RAP 60

(B) Untabbed Original. One copy shall replace the tabs with blank

pages and be left unbound and considered the original.

RAP 15 Word-Count Certificate

(A) Purpose. To achieve more readable briefs and other documents

(by, for example, using easily readable fonts and reasonable font sizes in

footnotes, keeping footnotes together on the same page), the number of

words in a document filed in the Kentucky appellate courts is intended to

be the primary method of determining whether a document fits within

any relevant length limits. Thus, computer-generated documents that

are likely to approach the word limits in these rules require a word-count

certificate.

(B) Page limits.

(1) Handwritten or typewritten documents. Because some

parties do not have access to computers, these rules also contain page

limits for handwritten and typewritten documents. These page limits

apply only to typewritten and handwritten documents and do not apply

to computer-generated documents.

(2) Computer-generated documents. These rules also contain

page limits for computer-generated documents. These page limits are

lower than the page limits for handwritten or typewritten documents. If

a computer-generated document fits within the page limits for computer-generated documents, then a word-count certificate is not necessary.

(C) Word limits. A computer-generated document that exceeds the

page limits for a computer-generated document, but that is within the

relevant word limit, must include a certificate by the attorney, or an

unrepresented party, that the brief falls within the relevant word limit.

The certificate must also state the number of words in the portion of the

brief subject to the word limit. The person preparing the certificate may

rely on the word count of the word-processing system used to prepare

the document.

(D) Exclusions from word and page limits. Covers, captions,

signature blocks, certificates of service, word-count certificates, exhibits,

and appendices are excluded from any page or word-count limits in these

rules. In addition, other rules may exclude certain required portions of

documents from the page or word limits.

(E) Acceptable form. A word-count certificate is acceptable if is in the

following form or contains the following information:

This document complies with the word limit of RAP [insert RAP

citation, e.g., 31(G)(1)] because, excluding the parts of the

document exempted by RAP 15(E) [and additional RAP citation, if

any, such as RAP 31(G)(1)], this document contains [state the

number of words].

RAP 16 Reserved.