KY · rules
Ky. Sup. Ct. Order 2026-01 RAP 7
Motions
(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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