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

RAP 48 Appeals From District Court

(A) Applicability of This Rule, Other Rules, and Statutes

(1) This rule, RAP 48 applies only to appeals from the district

court. Appeals from district court to circuit court must be prosecuted

under the procedures set out in this rule and other RAP provisions as set

forth in this rule, with the following exception.

(2) If the appeal is from a final order or judgment entered in a

district court proceeding based on a statute providing a special remedy,

the procedural requirements of the statute will prevail over any

inconsistent procedures set out in this rule or any other RAP.

(B) Starting the Appeal

(1) All appeals from a final judgment or order of a district court

must be taken to the circuit court.

(2) The party appealing must file a notice of appeal in the

district court within the time allowed by RAP 3 or by a special remedy

statute that authorizes an appeal. Some examples of special remedy

time limits are:

Small Claims KRS 24A.340 10 days;

Paternity KRS 406.051 60 days;

Forcible Entry and KRS 383.255 7 days.

Detainer

(3) The notice of appeal must contain the information required

by RAP 2 and must be served on all parties to the district court action in

the manner required by RAP 5(A).

(4) The appellant must also pay the required filing fee of $60,

plus any additional fees set by statute, local rule, or ordinance. The

district court clerk will not docket the appeal or mark the notice of

appeal as filed unless the filing fee is paid or the appellant has complied

with the procedures established by RAP 2(H), RAP 54, or RAP 55 to

excuse payment of the filing fee.

(5) As allowed by RAP 2(F) and (G), two or more persons entitled

to appeal may file a joint notice of appeal, or may later seek consolidation

of separate appeals or seek to have separate appeals heard together.

(C) When Notice of Appeal in a Criminal Case Acts as a Stay. The

timely filing of a notice of appeal from a judgment of the district court in a

criminal case shall stay proceedings on the judgment as long as the case

remains on appeal, except for the requirement of a bail bond. Stays in

juvenile dispositions shall be discretionary with the court.

(D) Cross-Appeals

(1) Any party identfied as an appellee or cross-appellee in a civil

case may file a notice of cross-appeal in the district court.

(2) The notice of cross-appeal must contain the information

required by RAP 4(D), must conform to RAP 5, and must be served on all

parties to the district court action in the manner required by RAP 5(A).

(3) The notice of cross-appeal must be filed no later than ten

days after the last day allowed for the filing of the original notice of

appeal.

(4) A party who is identified as a cross-appellee and who has not

previously filed a notice of appeal or cross-appeal, may file a cross-appeal

no later than ten days from the filing of the notice of cross-appeal that

first names that cross-appellee as a party to the appeal.

(E) Record on Appeal

(1) Appeals are limited to the record created in the district court.

Except for matters of which a court may take judicial notice under

Kentucky Rule of Evidence 201, no party to an appeal may refer to

matters that were not made a part of the record in the district court.

(2) The record on appeal consists of two parts, the paper or

digital record of pleadings, motions, and papers that were filed in the

district court action and the digital recordings of the proceedings,

hearings and trials that were conducted in the district court action.

(3) While a designation of the record is not necessary, to

facilitate the timely preparation of the record, within 10 days of the filing

of the notice of appeal, the parties should provide the clerk of the district

court with a designation listing with specificity the dates on which official

recordings were made for all proceedings necessary for inclusion in the

record on appeal.

(4) The record on appeal will remain in the custody of the

district court clerk until the circuit court requests its production in that

court. The record need not be certified unless and until either the Court

of Appeals or Supreme Court grants discretionary review.

(F) Time for Filing Statement and Counterstatement of Appeal

(1) Within 30 days after filing a notice of appeal, to perfect the

appeal, the appellant must file with the circuit court clerk the statement

of appeal that is required by paragraph (G) of this rule. If more than one

notice of appeal has been filed in a case, all statements of appeal must be

filed within 30 days of the day on which the first notice of appeal was

filed.

(2) Within 30 days after the filing of a statement of appeal, an

appellee or an appellee/cross-appellant may file with the circuit court

clerk the counterstatement of appeal authorized by paragraph (H) of this

rule. The circuit court may treat an appellee’s failure to file a

counterstatement of appeal as an admission that the district court made

an error. If an appellee is also a cross-appellant, a counterstatement of

appeal is required to perfect the cross-appeal.

(G) Contents of Statement of Appeal

(1) A party or parties appealing from the judgment or a final

order of the district court shall file with the clerk of the circuit court a

statement of appeal that conforms to the requirements of RAP 5 and

includes the district court case number.

(2) In appeals from criminal judgments or orders, a copy of the

statement of appeal must also be served on the Commonwealth’s

Attorney.

(3) The statement of appeal must also contain:

(a) A “Statement of the Case” consisting of a concise

summary of the facts, and procedural events in the district court

that are necessary to an understanding of the issues presented by

the appeal, with ample references to the specific location in the

record supporting each of the statements contained in the

summary;

(b) An “Argument” consisting of a concise statement of the

legal claims on which the appellant relies for relief and citations to

the legal authorities that support the claims;

(c) A specific statement of the relief that the Appellant

seeks; and

(d) A statement as to whether oral argument is desired;

and

(e) A statement as to whether the matter has been before

the circuit court on any previous occasion and whether reference

to the record of the prior appeal is necessary.

(4) Unless the circuit court, by order, permits a greater length,

the statement of appeal shall be limited to 8,750 words or 20 pages if

computer generated or 25 pages if handwritten or typewritten. A

computer-generated petition that exceeds the page limit but falls within

the word limit must include a word-count certificate in conformity with

RAP 15.

(H) Contents of Counterstatement of Appeal by Appellees or by

Appellees/Cross-Appellants

(1) The counterstatement of appeal must be filed with the clerk

of the circuit court and must conform to the requirements of RAP 5.

(2) In appeals from criminal judgments or orders, a copy of the

counterstatement of appeal must also be served on the Commonwealth’s

Attorney.

(3) The counterstatement of appeal must contain the following:

(a) A “Counterstatement of the Case” consisting of a

concise summary of any additional facts and procedural events in

the district court that are necessary to an understanding of the

issues presented on appeal, with ample references to the specific

location in the record supporting each of the statements contained

in the summary, or a statement that no further information is

needed;

(b) An “Argument” consisting of a concise response to the

legal claims on which the appellant relies and citations to the legal

authorities that support the claims;

(c) If there is a cross-appeal, an argument consisting of a

concise statement of the legal claims on which the cross-appellant

relies for relief and citations to the legal authorities that support

these claims;

(d) A specific statement of the relief that the appellee or

appellee/cross-appellant seeks; and

(e) A statement as to whether oral argument is desired.

(4) Unless the circuit court, by order, permits a greater length,

the counterstatement of appeal shall be limited to 8,750 words or 20

pages if computer generated or 25 pages if handwritten or typewritten. A

computer-generated petition that exceeds the page limit but falls within

the word limit must include a word-count certificate in conformity with

RAP 15.

(I) Submission and Oral Argument

(1) When the counterstatement of appeal is filed or when the

time for filing a counterstatement of appeal has expired, whichever is

sooner, the appeal is submitted for decision.

(2) The circuit court may schedule oral argument on its own

motion or upon motion filed by a party to the appeal. With the exception

of a motion for oral argument, nothing further may be filed in the appeal

unless the circuit court, by order, permits it.

(J) Disposition. Opinions or orders that finally decide an appeal must

be reduced to writing and entered of record pursuant to CR 58(1).

Opinions or orders that dispose of an appeal on the merits must include

an explanation of the legal reasons for the decision.

(K) Reconsideration

(1) A party who seeks reconsideration, correction or

modification by the circuit court of an opinion or order finally disposing

of an appeal may seek relief pursuant to CR 59.05 within 10 days after

the opinion or order was issued. The filing of a timely motion under CR

59.05 suspends finality of the opinion or order for which reconsideration,

correction or modification is sought.

(2) A party who seeks further review of an opinion or order

finally disposing of an appeal may file a motion for discretionary review

in the Court of Appeals pursuant to RAP 44.

(L) Costs

(1) Costs on appeal shall be borne by the unsuccessful party or

parties, except, however, that in criminal cases no reimbursement shall

be required of the Commonwealth or a municipality.

(2) Liability for reimbursement of costs may be enforced on

motion without the necessity of an independent action.