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KY · rules

Ky. Sup. Ct. Order 2026-01 RAP 7

Motions

activein force · 2026-04-01 – presentact-effective-date

(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 appeals arising from judgments granting

expungement.

(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) An appellant may move to voluntarily dismiss its own appeal or cross-appeal subject to the following requirements.

(a) Criminal Cases. A sworn affidavit from the appellant authorizing

the filing of the motion to dismiss must be attached to a motion to dismiss

a criminal appeal filed by an attorney for an appellant in a criminal case.

(b) Termination of Parental Rights Cases. A motion to dismiss a

termination of parental rights appeal or cross-appeal filed by an attorney

for the movant must be served on the movant at the movant’s last known

address, and such service must be certified to the appellate court.

(c) Cross-Appeals. An appellant’s voluntary dismissal of an appeal

under RAP 7(G)(2) shall not affect any related cross-appeals, which shall

remain on the appellate court’s active docket. A cross-appellant’s voluntary

dismissal of a cross-appeal under RAP 7(G)(2) shall not affect any related

appeals, which shall remain on the appellate court’s active docket.

(3) The filing of a motion to dismiss under RAP 7(G) 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

RAP 8(A)(4) is deleted.

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

the trial court.

Provenance

Source
www.kycourts.gov
Retrieved
2026-09-30
Edition
2026-09-30
Content hash
7200bd64d8b634e0bebbbad4d859e0e01c599e261059118430d1eb20006c466c
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