Ky. Sup. Ct. Order 2026-01 RAP 22

(A) Application.

(1) In all civil cases appealed to the Court of Appeals, except those

specified in paragraph (A)(2), any party may file a motion for a prehearing

conference accompanied by a prehearing statement no later than 20 days from

the notice of appeal. If the moving party is a cross-appellant or cross-appellee the

motion for prehearing conference shall be filed no later than 20 days from the

notice of cross-appeal. The motion and prehearing statement shall be filed with

the Court of Appeals.

(2) This rule does not apply to criminal cases, to orders granting or

denying class action certification under CR 23.06, or to civil cases involving

prisoner applications seeking relief relating to confinement or conditions of

confinement, election appeals, appeals of findings of contempt, appeals relating

to extraordinary writs, and appeals from circuit court orders determining

paternity, dependency, abuse, neglect, domestic violence, termination of parental

rights, or juvenile status offense. This rule also does not apply to cases appealed

to or transferred to the Supreme Court.

(B) Running of Time.

(1) The running of time for further steps in cases where this rule applies

shall not begin until so ordered by the Court of Appeals except for:

(a) The filing of a notice of cross-appeal under RAP 4;

(b) The filing of a motion to transfer under RAP 17; or

(c) The filing of a motion for a prehearing conference and a

prehearing statement under sections (A) and (C) of this rule.

(2) If no motion for a prehearing conference is filed within the time

permitted by paragraph (A)(1), the Clerk of the Court of Appeals shall enter a

notice stating such, and the full time for such further steps shall be computed

from the date of entry of that notice.:

(3) The filing of the motion for prehearing conference shall suspend the

running of time for further steps in the appeal, and unless otherwise ordered by

the Court of Appeals, the full time for such further steps shall be computed:

(a) From the date of entry of the order stating that no prehearing

conference will be held pursuant to paragraph (D)(23) of this rule, or

(b) From the date of the entry of the order reciting the actions taken

and the agreements reached by the parties during a conference held

pursuant to paragraph (D)(34)(c) of this rule.

(C) Prehearing Statement and Supplemental Prehearing Statement.

(1) A motion for a prehearing conference shall be accompanied by a

prehearing statement, which shall be submitted on a form which is available

from each circuit court or from the Court of Justice website. The prehearing

statement shall include the following information:

(a) The style of the case and circuit court docket number;

(b) The name, mailing address, and telephone number of each

attorney whose appearance is entered in the case, together with the name

and address of the party represented by the attorney who is filing the

prehearing statement;

(c) The name of the judge who presided over the matter being

appealed;

(d) The date on which the notice of appeal and any notice of cross-appeal was filed;

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

the Court of Appeals;

(f) The type of litigation;

(g) A brief description of the claims, defenses, and issues litigated;

(h) A brief statement of the facts, issues, and jurisdictional

challenges to be raised on appeal;

(i) A statement, based on counsel's present knowledge, as to whether

the appeal involves a question of first impression;

(j) A statement as to whether the determination of the appeal will

turn on the interpretation or application of a particular case or statute

and, if so, the name of the case or the number of the statute;

(k) A statement, based on counsel's present knowledge, as to

whether there is currently pending in the Court of Appeals or the Supreme

Court another case arising from substantially the same case or controversy

or involving an issue which is substantially the same, similar or related to

an issue in the appeal.

(l) A copy of the judgment or order sought to be reviewed, and any

opinion or findings of the circuit court or administrative agency.

(2) A copy of the motion for prehearing conference and accompanying

prehearing statement shall be served on all parties to the appeal.

(3) No later than 10 days from the filing of a motion for prehearing

conference, all other parties to the appeal may file with the Court of Appeals,

with copies served on all parties, a response to the motion accompanied by a

supplemental statement containing any other information needed to clarify the

issues on appeal and on cross-appeal.

(4) After the filing of a motion for prehearing conference, a prehearing

statement, and any supplemental statements, no further steps are required until

so ordered by the Court of Appeals, except the following:

(a) The filing of a notice of cross-appeal under RAP 4; or

(b) The filing of a motion to transfer under RAP 17.

(D) Prehearing Conference.

(1) In all cases in which a motion for a prehearing conference is filed, the

Court of Appeals will determine whether a prehearing conference would assist

the Court or the parties. The determination shall be made by the designee of the

Chief Judge of the Court of Appeals. Such designee shall be a judge of the Court

of Appeals or a staff attorney of the Court known as a conference attorney.

(2) If it is decided that no prehearing conference will be held, the designee

shall issue an order informing the parties. The entry of this order shall

commence time running for further steps under these appellate rules.

(3) If a case is selected for a prehearing conference, the designee shall

issue an order directing attorneys for all parties to attend a prehearing

conference, in person or remotely, and setting the date and location for the

conference.

(a) The purpose of the conference shall be to consider the possibility

of settlement, the simplification of issues, the contents of the record, the

time for filing the record and briefs, and any other matters which may aid

in the handling or disposition of the proceedings.

(b) The prehearing conference discussions are confidential, except to

the extent disclosed by the prehearing order and shall not be disclosed by

the Court's designee or by the parties or counsel in briefs or argument.

(c) Following the conclusion of the prehearing conference procedure,

the Court of Appeals' designee shall issue an order reciting the actions

taken and the agreements reached, and that order shall govern the

subsequent course of the proceedings.

(4) In the event of default by any party in any action required by a

prehearing conference order, the Clerk of the Court of Appeals shall issue a

notice to the party in default providing a 10-day period within which to file an

affidavit showing good cause for the default and including when the required

action will be taken.

(5) A judge who participates in a prehearing conference or becomes

involved in settlement discussions pursuant to this rule shall not sit as a

member of the panel assigned to hear the appeal.

New RAP 23 Created.

RAP 23 Notice to Attorney General when constitutional validity of a statute

is at issue

If the constitutional validity of a statute is challenged by any party as an issue in

an appeal or in an original action in the appellate courts, KRS 418.075 requires

service to the Attorney General of the documents initiating the appeal along with

a notice specifying the challenged statute and the alleged constitutional defect.

(A) Attorney General is a Party or Representing a Party.

In appeals where the Attorney General is a party or is representing a party,

service of the notice of appeal, motion for discretionary review, or original action

as required by these Rules of Appellate Procedure provides sufficient notice to

the Attorney General under KRS 418.075.

(B) Attorney General is not a Party and is not Representing a Party.

(1) In appeals where the Attorney General is not a party and is not

representing a party and the constitutional validity of a statute is at issue, before

the appellant’s brief is filed, the Attorney General must be served with a copy of

the documents initiating the appeal (notice of appeal or motion for discretionary

review) with notice specifying the challenged statute and the alleged

constitutional defect.

(2) In original actions where the Attorney General is not a party and is not

representing a party and the constitutional validity of a statute is at issue, the

Attorney General must be served with a copy of the original action with notice

specifying the challenged statute and the alleged constitutional defect.

(3) The Attorney General may file an entry of appearance within ten days

of the date of the service of the notice in paragraph (B)(1) or (2). If the Attorney

General does not file an entry of appearance within ten days, then no further

filings or briefs shall be served on the Attorney General.

RAP 30 Time for filing and serving briefs

RAP 30(C)(1)(c) will read as follows:

(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 is filed or due to be filed.

RAP 30(D)(1) will read as follows:

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

or the Attorney General, the time in which the appellant and reply briefs shall be

filed is the same as in section (C)(1) above. The appellee’s brief must be filed no

later than 60 days from the date on which the appellant’s brief is filed or on

which the record is made available by the clerk of the appellate court, whichever

is later.

RAP 31 Format and number of briefs

RAP 31(B) will read as follows:

(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 appeals arising from judgments granting

expungements.

RAP 31(G)(2), (3) will read as follows:

(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. 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.

(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 19,250 words or 45 pages if computer generated

and shall not exceed 60 pages if handwritten or typewritten. 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.

RAP 32 Organization and content of briefs

RAP 32(D) will read as follows:

(D) Briefs of 1,750 Words or Less. A statement of points and authorities

is not required for a brief of 1,750 words or less, but is required for briefs of more

than 1,750 words.

RAP 60 Original proceedings in appellate courts

RAP 60(J)(1) will read as follows:

(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

60(J).

RAP 63 Bonds in civil appeals

RAP 63(B), (C) will read as follows:

(B) Supersedeas Bond.

(1) Whenever an appellant entitled to a stay desires a stay on appeal of a

judgment other than a judgment granting a permanent injunction, the appellant

may present to the trial court clerk or the trial court for approval an executed

supersedeas bond with good and sufficient surety. The address of the surety

shall be shown on the bond. The bond shall be in a fixed amount and

conditioned for the satisfaction of the judgment in full together with costs, and

interest, if the appeal is dismissed or if the judgment is affirmed, and to satisfy

in full such costs, including costs on the appeal and interest as the appellate

court may adjudge.

(2) When the judgment is for the recovery of money not otherwise secured,

the amount of the bond shall be fixed at such sum as will cover the whole

amount of the judgment remaining unsatisfied, costs on the appeal, and interest,

unless the trial court after notice and hearing and for good cause shown fixes a

different amount or orders security other than the bond.

(3) When the judgment determines the disposition of the property in

controversy as in real actions or replevin, or when such property is in the

custody of the sheriff, or when the proceeds of such property or a bond for its

value is in the custody or control of the court, the amount of the supersedeas

bond shall be fixed at such sum only as will secure the amount recovered for the

use and detention of the property, the costs of the action, costs on appeal, and

interest. A supersedeas bond may be given to stay proceedings on a part of a

judgment, and in such case the bond need only secure the part superseded.

(C) Sufficiency of Supersedeas Bond.

(1) The sufficiency of the bond or the surety may be determined by the trial

court upon motion and hearing.

(2) During an appeal, the trial court shall retain original jurisdiction to

determine all matters relating to the right to file a supersedeas bond, the amount

and sufficiency thereof and the surety thereon.

All sitting. All concur.

Entered this 5th day of January, 2026.

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CHIEF JUSTICE