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

RAP 30 Time for Filing and Serving Briefs

(A) When Required. Unless otherwise directed by the appellate court

or these rules, before any appeal is taken under submission for final

disposition on the merits, briefs shall be filed by the respective parties.

No briefs other than those listed below or amicus curiae briefs pursuant

to RAP 34 will be considered except on order of the court. Should the

appellant or appellants fail to file a brief, no brief shall be required of the

appellees unless so ordered by the court.

(B) Service. Before or concurrent with filing any brief in the appellate

court, a party shall serve a copy on each party to the appeal and on the

judge whose decision is under review. The brief may be served

electronically on the trial judge and on any party who consents to

electronic service. In criminal cases, both the defendant and the

attorney general also shall serve copies of their briefs on the

Commonwealth’s attorney of the district in which the case was tried.

Service shall comply with RAP 5.

(C) Civil Cases.

(1) Non-expedited Civil Case with No Cross-Appeal

(a) An appellant shall file an initial brief with the clerk of

the appellate court no later than 60 days after the date of the

notation on the docket of the notice of certification required by RAP

26(B)(5). When the Supreme Court has granted a motion for

discretionary review, the movant becomes an appellant whose brief

shall be filed no later than 60 days from the date of entry of the

order granting review.

(b) Appellee’s response brief shall be filed no later than 60

days after the date on which the appellant’s initial brief is filed.

(c) Appellant’s reply brief may be filed no later than 15

days after the date on which the last appellee’s response brief is

filed. If the appellant’s reply brief is responsive to more than one

appellee’s response brief, the reply brief must be filed no later than

15 days after the date on which the last appellee’s response brief

was due.

(2) Cross-Appeals.

(a) If a cross-appeal has been filed in a civil case, then the

appellant’s initial brief shall be filed within the time set forth in

paragraph (C)(1)(a) above.

(b) The appellee’s response brief shall be combined with

its initial brief as a cross-appellant, and the combined brief shall

be filed no later than 60 days after the date on which the

appellant’s brief is filed.

(c) The appellant’s reply brief shall be combined with its

response brief as cross-appellee, and the combined brief may be

filed no later than 60 days after the last appellee’s brief is filed or

due to be filed.

(d) The cross-appellant’s reply brief may be filed no later

than 15 days after the date on which the cross-appellee’s response

brief is filed or due to be filed.

(D) Criminal Cases.

(1) If counsel for the appellant is someone other than the Public

Advocate or the Attorney General, the time in which the briefs shall be

filed is the same as in section (C)(1) above.

(2) If counsel for the appellant is the Public Advocate, the

Attorney General, or a designee of either, the appellant’s brief must be

filed no later than 60 days from the date on which the record on appeal

was made available by the clerk of the appellate court (notice of which

shall be sent). The time in which response and reply briefs shall be filed

is the same as in non-expedited civil cases, section (C)(1) above.

(3) When the Supreme Court has granted a motion for

discretionary review in a criminal case, the movant becomes an

appellant, and briefs are due as set forth in section (C)(1) above.

(E) Expedited Appeals. Civil appeals from circuit court orders

determining adoption, termination of parental rights, paternity,

dependency, abuse, neglect, domestic violence, or juvenile status offense

and from orders granting or denying class action certification under CR

23.06 are expedited. In addition, certain criminal appeals are or may be

expedited.

(1) Unless otherwise directed by court order, an appellant shall

file a brief with the clerk of the appellate court no later than 30 days after

the date of the notation on the docket of the notification required by RAP

26(B)(5). The appellee’s response brief shall be filed within 30 days after

the date of filing of the appellant’s brief. An appellant may file a reply

brief within 10 days after the date of filing of the appellee’s brief.

(2) If a cross-appeal has been filed in an expedited appeal,

unless otherwise directed by court order, the appellant shall file a brief

with the clerk of the appellate court no later than 30 days after the date

of the notation on the docket of the notice of certification required by RAP

26(B)(5). The appellee’s response brief shall be combined with its initial

brief as a cross-appellant, and the combined brief shall be filed no later

than 30 days after the date on which the appellant’s brief is filed. The

appellant’s reply brief shall be combined with its response brief as cross-appellee, and the combined brief may be filed no later than 30 days after

the last appellee’s brief is filed or due to be filed. The cross-appellant’s

reply brief may be filed no later than 10 days after the date on which the

cross-appellee’s response brief is filed or due to be filed.

(3) Motions for extension of time will not be considered except

under extraordinary circumstances.

RAP 31 Format and Number of Briefs

(A) Text.

(1) Requirements. All briefs shall be typewritten or typeset and

meet the following requirements:

(a) Unglazed white paper, 8½ by 11 inches in dimension

(b) Single sided, double spaced, and clearly readable.

(c) Text, black type no smaller than 12 point set at

standard width.

(d) Footnotes no smaller than 12 point set at standard

width.

(e) 1½ inch margin on left side with 1 inch margins on all

other sides.

(f) Briefs must be securely bound at left side.

(g) An appendix that conforms to RAP 32(E).

(2) Recommendation. Easily readable fonts are recommended.

Examples of easily readable fonts are Century Schoolbook, Century,

Times New Roman, and similar fonts. Examples of fonts that are difficult

to read are fonts with “narrow” in the title, Comic Sans, Papyrus, and

similar fonts.

(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) Cover. All briefs shall be enclosed, front and back, in covers.

(1) Contents.

(a) Caption. The front cover shall include the case

number of the appeal, the case number of the action from which

the appeal was taken, a caption identifying the lead appellant and

appellee, and the name of the party on whose behalf the brief is

submitted.

(b) Certificate of Service. The front cover must also

contain a signed statement, in accordance with RAP 30(B), that

service has been made and that identifies by name the persons

served. If the certificate of service will not fit on the front cover, it

can carry over onto white paper immediately following the cover.

(c) Certificate Regarding Record. Except for briefs on

appeal from the Court of Appeals to the Supreme Court, the

certificate shall further certify that the record on appeal has been

returned to the clerk of the court from which it was withdrawn or

that it was not withdrawn by the party filing the brief.

(2) Color. The front covers of briefs shall be colored as follows:

Appellant—red; Appellee—blue; Appellant’s reply brief—yellow; combined

Appellee response brief/initial brief as Cross-Appellant—blue; combined

Appellant reply brief/response brief as Cross-Appellee—yellow; Cross-Appellant’s reply brief—yellow.

(D) References to Parties. In briefs and at oral argument, counsel

should minimize use of the terms “appellant” and “appellee.” To make

briefs clear, it is recommended that briefs use the parties’ actual names,

or the designations used in the lower court or agency proceedings, or

descriptive terms, such as “the employee” or “the driver.”

(E) Citation Form.

(1) Authorities. Parties shall cite Kentucky statutes from the

official edition of the Kentucky Revised Statutes, which may be

abbreviated “KRS.” Parties shall cite Kentucky cases reported after June

1886 from the Supreme Court and its predecessor court: Doe v. Roe, ___

S.W.2d ____ (Ky. [date]); or from the present Court of Appeals (beginning

in 1976), Doe v. Roe, ___ S.W.3d ___ (Ky. App. [date]). Case names

should be italicized.

(2) Unpublished opinions. Citation to unpublished opinions is

governed by RAP 41.

(3) Certified Written Record. Parties shall cite the certified

record by referring to pages as numbered by the clerk, such as “TR __”

or, if not possible, to any other point of reference that will readily enable

the material to be found.

(4) Official Recording. Each reference in a brief to a segment

of the designated official recording shall set forth the letters “VR” and the

month, day, year, hour, and minute (or second if necessary) at which the

reference begins as recorded. For example: VR 10/27/20 at 10:24:05 or

VR 10/27/20 at 4:10–16.

(F) Number of Copies of Briefs.

(1) Court of Appeals – 1 unbound and 4 bound copies. The

unbound copy shall replace extruding tabs with separator pages.

(2) Supreme Court – 1 unbound and 9 bound copies. If the

case in the Supreme Court involves a cross-appeal, then one additional

copy for each cross-appeal is required. The unbound copy shall replace

extruding tabs with separator pages.

(G) Length.

(1) Word-count certificate. Any computer-generated briefs

exceeding the below page limits for computer generated briefs must

include a word-count certificate in conformity with RAP 15.

(2) Court of Appeals.

(a) An appellant’s initial brief and an appellee’s response

brief shall not exceed 8,750 words or 20 pages if computer

generated and shall not exceed 25 pages if handwritten or

typewritten.

(b) An appellant’s reply brief shall not exceed 1,750 words

or 4 pages if computer-generated and shall not exceed 5 pages if

handwritten or typewritten, except that when an appellant is called

upon to respond to more than one appellee brief, then appellant is

permitted up to 1,750 additional words or 4 additional pages per

each additional appellee brief if computer-generated or up to 5

additional pages per each additional appellee brief if handwritten

or typewritten.

(c) A brief combining appellee’s response brief with its

initial brief as a cross-appellant shall not exceed 14,000 words or

30 pages if computer generated and shall not exceed 40 pages if

handwritten or typewritten. A brief combining appellant’s reply

brief with its response brief as cross-appellee shall not exceed

10,500 words or 25 pages if computer generated and shall not

exceed 30 pages if handwritten or typewritten.

(3) Supreme Court.

(a) An appellant’s initial brief and an appellee’s response

brief shall not exceed 40 pages or 17,500 words if computer

generated and shall not exceed 50 pages if handwritten or

typewritten.

(b) An appellant’s reply brief shall not exceed 7 pages or

3,500 words if computer generated and shall not exceed 10 pages

if handwritten or typewritten, except that when an appellant is

called upon to respond to more than one appellee brief, then

appellant is permitted up to 4 additional pages or 1,750 additional

words per each additional appellee brief if computer generated or

up to 5 additional pages per each additional appellee brief if

handwritten or typewritten.

(c) A brief combining appellee’s response brief with its

initial brief as a cross-appellant shall not exceed 22,750 words or

50 pages if computer generated and shall not exceed 65 pages if

handwritten or typewritten. A brief combining appellant’s reply

brief with its response brief as cross-appellee shall not exceed

8,750 words or 20 pages if computer generated and shall not

exceed 25 pages if handwritten or typewritten.

(4) Death Penalty Cases. In cases where the death penalty has

been imposed, upon motion made at least 20 days prior to the filing

deadline, and upon good cause shown, the appellant’s brief and the

appellee’s brief may be extended to no more than 120 pages or 52,500

words. Upon similar motion, for good cause shown, made at least 5 days

prior to the filing deadline, a reply brief may be extended to no more than

20 pages or 8,750 words.

(5) Exclusions from word and page limits. The cover,

introduction, statement concerning oral argument, statement of points

and authorities, signature block, exhibits, and appendices are excluded

from the page and word limits set forth above.

(H) Penalties.

(1) A brief may be stricken for failure to substantially comply

with the requirements of these rules.

(2) If the appellant’s brief has not been filed within the time

allowed, the Court may dismiss the appeal.

(3) If the appellee’s brief has not been filed within the time

allowed, the court may: (a) accept the appellant’s statement of the facts

and issues as correct; (b) reverse the judgment if appellant’s brief

reasonably appears to sustain such action; or (c) regard the appellee’s

failure as a confession of error and reverse the judgment without

considering the merits of the case.

RAP 32 Organization and Content of Briefs

(A) Appellant’s Opening Brief. An appellant’s opening brief must

contain the following sections, in the following order.

(1) An introduction indicating the nature of the case and a

statement concerning oral argument indicating whether the appellant

desires oral argument and why appellant believes that oral argument

would or would not be helpful to the court in deciding the issues

presented. The combination of the introduction and statement

concerning oral argument shall not exceed one page and shall not count

towards the word or page limit.

(2) A statement of points and authorities, which shall set

forth, succinctly and in the order in which they are discussed in the body

of the argument, the appellant’s contentions with respect to each issue of

law relied upon for a reversal, listing under each the authorities cited on

that point and the respective pages of the brief on which the argument

appears and on which the authorities are cited.

(3) A statement of the case consisting of a summary of the

facts and procedural events relevant and 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.

(4) An argument conforming to the statement of points and

authorities, with ample references to the specific location in the record

and citations of authority pertinent to each issue of law and which shall

contain at the beginning of the argument a statement with reference to

the record showing whether the issue was properly preserved for review

and, if so, in what manner.

(5) A conclusion setting forth the specific relief sought from the

appellate court.

(6) A signature by an attorney of record for the party submitting

the brief or, for a party proceeding pro se, by the party.

(7) An appendix that conforms with section (E) of this rule.

(B) Appellee’s Response Brief. An appellee’s response brief must

contain the following sections:

(1) A statement concerning oral argument responsive to

appellant’s statement indicating why appellee believes that oral argument

would or would not assist the Court in deciding the issues presented.

The response brief may also contain an introduction indicating the

nature of the case. The combination of the introduction and statement

concerning oral argument shall not exceed one page.

(2) A counterstatement of points and authorities in the same

format required for appellant’s statement of authorities.

(3) A counterstatement of the case stating whether the

appellee accepts the appellant’s statement of the case and, if not, setting

forth the matters the appellee considers essential to a fair and adequate

statement of the case in accordance with the requirements for appellant’s

statement of the case.

(4) An argument conforming to appellee’s counterstatement of

points and authorities and to the requirements for appellant’s argument.

(5) A signature by an attorney of record for the party submitting

the brief or, for a party proceeding pro se, by the party.

(6) An appendix that conforms with section (E) of this rule may

be attached.

(C) Other briefs.

(1) Other briefs permitted by these rules shall have a statement

of authorities conforming to paragraph (A)(2) of this rule, shall state the

purpose of the brief and the particular issues to which it is directed, and

shall contain an argument consistent with paragraph (A)(4) of this rule.

The brief shall conclude with a statement of the relief sought, if

pertinent, and may contain an appendix conforming to section (E) of this

rule.

(2) Reply briefs must be confined to points raised in the briefs to

which they are addressed and must not reiterate arguments already

presented.

(3) A cross-appellant’s reply brief may respond only to the

portion of the cross-appellee’s response brief(s) regarding issues raised in

the cross-appeal.

(D) Briefs of five pages or less. A statement of points and authorities

is not required for a brief of 5 pages or less, but is required for briefs of

more than 5 pages.

(E) Requirements for the Appendix to a Brief.

(1) Record Appendix.

(a) Documents required in appendix to appellant’s and

cross-appellant’s initial brief. An appellant and a cross-appellant must attach an appendix to the party’s initial brief. The

first item of the appendix shall be a listing or index of all

documents included in the appendix. The appellant shall place the

judgment, opinion, or order under review immediately after the

appendix list so that it is most readily available to the court. The

appendix shall contain copies of the findings of fact, conclusions of

law, and judgment of the trial court, any written opinions filed by

the trial court in support of the judgment, and the opinion or

opinions of the court from which the appeal is taken. In workers’

compensation cases the appendix shall include the opinions of the

Administrative Law Judge, the Workers’ Compensation Board, and

the Court of Appeals.

(b) Permissible documents to include in brief

appendix. Additional items may be included in an appendix to

appellant’s initial brief, and an appendix may be attached to briefs

following the appellant’s initial brief. The appendix may contain

papers or exhibits in the appellate record to which ready reference

may be considered by the appellant as helpful to the appellate

court. Parties should not include documents in an appendix that

have been attached to a previously filed brief in the same appeal,

unless it is a required document under paragraph (E)(1)(a) above

(c) Items not included in the record. Except for matters

of which the appellate court may take judicial notice, materials and

documents not included in the record shall not be introduced or

used as exhibits in support of briefs.

(d) Required index and tabs for appendix. The first

item of the appendix shall be a listing or index of all documents

included in the appendix. The index shall set forth where each

document may be found in the record. The items in the appendix

shall be separated by appropriate extruding tabs.

(e) Unpublished Opinions. Like other items in the

appendix, unpublished opinions that are required to be attached to

briefs as set forth in RAP 41(C) shall be listed in the index to the

appendix and separated by extruding tabs.

(2) Evidentiary Appendix. Appellants and appellees may

attach to their briefs an appendix of the evidence that consists of a

transcription of video recorded evidence or other court proceeding. The

purpose of an evidentiary appendix is to facilitate the efforts of each

appellate judge in studying the briefs in a meaningful way.

(a) Content. An evidentiary appendix shall contain

transcriptions of only those parts of the video recording that

support the specific issues or contentions raised in a brief on

appeal, or that relate to a question of whether an alleged error was

properly preserved for appellate review.

(b) Length. The filing of an evidentiary appendix and

index attached to a brief shall not exceed 50 pages if filed in the

Supreme Court, nor 25 pages if filed in the Court of Appeals,

except that an evidentiary appendix and index attached to a reply

brief shall not exceed 15 pages.

(c) References to the Record. Either at the top of each

page of an evidentiary appendix or in an index at the beginning of

an evidentiary appendix, there shall be references to any witnesses

whose testimony is transcribed along with video recording

references to the beginning and ending of any transcribed

testimony.

RAP 33 Reserved.

RAP 34 Amicus Curiae

(A) Participation in appeals. Amicus curiae may participate in

appeals only as set forth in this rule and in RAP 43(C) and RAP 45.

(B) Amicus Curiae Briefs.

(1) Motion Required. A brief for an amicus curiae shall not be

filed except upon order of the appellate court, pursuant to motion filed

simultaneously with the tendered brief that specifies with particularity

the nature of the movant’s interest, the points to be presented, and their

relevance to the disposition of the case.

(2) Time for Filing. A motion to file an amicus curiae brief

must be filed no later than 15 days from the date on which the

appellant’s brief is filed, or due to be filed, whichever is later, regardless

of whether the amicus curiae advocates the position of the appellant or

appellee.

(3) Payment. Payment of the filing fee specified in RAP 13 shall

be required with a motion for leave to file an amicus curiae brief.

(4) Form. An amicus curiae brief shall conform to RAP 30, 31,

and 32(C)(1), but with a tan cover, shall not exceed 5,250 words, shall

include a word-count certificate in conformity with RAP 15, and shall not

contain appendices, other than copies of final unpublished opinions as

required by RAP 41(C).

(C) Oral Argument. Counsel representing an amicus curiae shall not

participate in oral argument.

RAP 35 Supplemental Authority

(A) Recent Supplemental Authority. A party may file a motion for

leave to cite recent supplemental authority if such authority was decided

after that party’s final brief was filed. Such a motion shall attach the

supplemental authority and, in 250 words or less (excluding caption,

signature block, and certificate of service), describe how the

supplemental authority pertains to the appeal at hand. Other parties to

the appeal may file a response with the same word limit.

(B) Other Supplemental Authority. A party may file a motion for

leave to cite supplemental authority decided before its final brief was filed

only for good cause shown. Such a motion shall attach the supplemental

authority and, in 400 words or less (excluding caption, signature block,

and certificate of service) describe how the supplemental authority

pertains to the appeal at hand and why it was not cited in the party’s

brief. Other parties to the appeal may file a response with the same word

limit.

(C) Certificate of Compliance. A motion filed pursuant to this rule

must include a word-count certificate in conformity with RAP 15.

RAP 36 Reserved.