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

RAP 60 Original Proceedings in Appellate Courts

(A) Applicability. Original proceedings in an appellate court may be

prosecuted only against a judge or agency whose decisions may be

reviewed as a matter of right by that appellate court. All other actions

must be prosecuted in accordance with applicable law.

(B) Commencement. Original actions brought under this rule may be

prosecuted upon payment of the filing fee required by RAP 13 and the

filing of a petition in the format prescribed by this rule, RAP 5, and RAP

7. Five copies (4 bound and 1 unbound) shall be filed.

(C) Content of the Petition. The petition must set forth:

(1) The name of each respondent against whom relief is sought;

(2) The name of each real party in interest and that party’s

counsel. A real party in interest for purpose of this rule, RAP 60, is any

party in the circuit court action from which the original action arises who

may be adversely affected by the grant or denial of the relief sought in

the petition;

(3) The style and case number of any underlying action pending

in a circuit court or in the Court of Appeals;

(4) An explicit statement of the relief sought;

(5) A clear and concise statement of (a) the material facts of the

action, with express reference to any order sought to be reviewed and the

ground on which jurisdiction is alleged; (b) the questions of law involved

with citations to authority pertinent to each question; and (c) the reasons

why relief should be granted;

(6) An appendix containing any items permitted by paragraph

(E) of this rule, and copies of any orders or other papers relevant to the

action; and

(7) Proof of service on all respondents and real parties in

interest as required by RAP 5(A).

(D) Response. The party against whom relief is sought and any real

party in interest may, within 20 days after the date on which the petition

was filed, file a response that conforms to RAP 5 and RAP 7. A

responding party may submit evidence as permitted by paragraph (E) of

this rule.

(E) Evidence. Parties may submit evidence with the petition or

response in the form of exhibits, affidavits, counter-affidavits,

depositions, documents filed in the underlying case, and the electronic

record of any relevant proceedings.

(F) Length. Except by the court’s permission, and excluding the

accompanying documents permitted by paragraph (C)(6), petitions and

responses filed under sections (C) and (D) shall be limited to 14,000

words or 30 pages if computer generated and limited to 40 pages if

handwritten or typewritten. If a computer-generated document exceeds

the page limit but is within the word limit, a word-count certificate in

conformity with RAP 15 is required.

(G) Submission and Disposition. Original actions will be submitted for

decision when the response is filed or the time for filing has expired,

whichever is sooner, unless otherwise ordered by the court. Replies are

not permitted.

(H) Emergency Relief

(1) If any party requires relief prior to a ruling on the petition,

the party may, upon a showing that immediate and irreparable harm will

occur, move in conformity with RAP 7 for a temporary order in the court

in which the original action is filed.

(2) No appeal to the Supreme Court may be sought of an order

disposing of a motion for emergency relief brought under this rule.

(3) A party adversely affected by an order of a circuit court

acting as an appellate court and disposing of a motion for emergency

relief brought under this rule may seek relief in the Court of Appeals

utilizing the provisions of RAP 20(C)(2) and RAP 20(D). The filing of a

motion under RAP 20 does not stay proceedings in the circuit court.

(I) Appeals to the Supreme Court.

(1) An appeal may be taken to the Supreme Court as a matter of

right from a final order disposing of an original action prosecuted in the

Court of Appeals. The Rules of Appellate Procedure shall apply except as

set forth in this paragraph RAP 60(I).

(2) The notice of appeal and filing fee as set forth in RAP 2 and

13 shall be filed with the Clerk of the Court of Appeals no later than 30

days after the date the judgment or order appealed from was entered. A

cross-appeal may be taken in the time and manner specified in RAP 4,

except that the notice of cross-appeal and filing fee shall be timely filed

with the Clerk of the Court of Appeals.

(3) An appellant’s brief shall be filed within 30 days of the date

of the notice of certification, and further briefing shall proceed as in

expedited appeals, RAP 30(E), except that in workers’ compensation

cases, briefing shall proceed in accordance with RAP 30(C). An

appellant’s brief and an appellee’s combined response brief/cross-appellant’s brief, if any, shall set forth arguments for reversal or

modification of the judgment or order from which the appeal and cross-appeal, if any, are taken. Briefing shall comply with RAP 31 and 32.

(4) Briefs in response to an appeal or cross-appeal shall be

required. Where an appeal is taken against a judge in the Court of

Justice and concerns performance of an official act, the party appealing

shall serve notice on the real party in interest, who shall be required to

file a brief on behalf of the judge against whom the appeal or cross-appeal is taken. No attorney shall, however, be required or permitted to

file such a brief where to do so would conflict with the interest of the

attorney’s client.

(5) The Clerk of the Court of Appeals shall transmit all or any

portion of the original record of the proceedings to the Supreme Court

when so requested by the clerk of that court.

(J) Appeals to the Court of Appeals when Circuit Court Sits as

Appellate Court in Original Actions.

(1) An appeal may be taken to the Court of Appeals as a matter

of right from a final order disposing of an original action prosecuted in

the circuit court. The Rules of Appellate Procedure shall apply except as

set forth in this paragraph, RAP 40(J).

(2) The notice of appeal and filing fee as set forth in RAP 2 and

13 shall be filed with the circuit court clerk no later than 30 days after

the date the judgment or order appealed from was entered. A cross-appeal may be taken in the time and manner specified in RAP 4. Briefing

shall proceed as in expedited appeals, RAP 30(E), and shall comply with

RAP 31 and 32. Briefs shall be required as set forth in RAP 60(I)(4)

above.

(3) The circuit court clerk shall transmit all or any portion of the

original record of the original proceedings to the Court of Appeals when

so requested by the clerk of that court.

(4) Further relief, if any, from a Court of Appeals judgment or

order ruling on a matter of right appeal from an original action

prosecuted in the circuit court may be sought in the Supreme Court

pursuant to RAP 44, motions for discretionary review.

RAP 61 Reserved.