Ky. Cir. Ct. Clerks' Manual APPEALS

4 APPEALS

KRS 23A.010(4), RAP 1-63; RCr 12.02, 12.04

District or Circuit Court, Court of Appeals, Supreme Court

 An appeal is a timely resort by an unsuccessful party in a lawsuit or an administrative proceeding

to an appropriate superior court empowered to review a final decision on the ground that it was

based upon an erroneous application of law.

 In the appellate process, the measuring of time periods is governed by the rules set out in CR

6.01. The day on which the initiating event occurs is not included in the time period. The next

day is the first day of the measured period. The calendar days are counted off to the number

allowed by the applicable rule. The last numbered day is the deadline. The required act must

have been done on or before that day. Rap 5(E) and 6.

 Appeals to Court of Appeals/Supreme Court

 Appeals from Administrative Agencies

 District to Circuit Court Appeals

4.1 Appeals to Supreme Court/Court of Appeals Process Map

The time limits for filing appeals, calculated from notice of entry of the judgment, are as follows:

Appeal Type Time Limit

Civil Actions, RAP 3(A) 30 DAYS

Paternity Judgments, KRS 406.051 60 DAYS

Criminal Actions, RCr 12.04(3) 30 DAYS

APPEALS

4.1.1 Notice of Appeal

1. Upon receipt of a notice of appeal or cross-appeal, collect filing fees as set Quick Reference

forth in the Accounting Manual and give a receipt. Checks are made Notice of appeal

payable to the Circuit Court Clerk. Do not apply the FILED stamp or must be signed and

process the appeal until the filing fees are paid. accompanied by a

filing fee or motion

EXCEPTIONS:

to proceed IFP. If

• In Forma Pauperis Granted (also see Section 57 Motion for Leave to neither is present,

Proceed In Forma Pauperis); return the NOA to

the party or

• In a criminal case when the appellant is represented by the Public

attorney who

Advocate/Defender;

attempted to file it

• When a judicial officer is a party in his/her official capacity. RAP

13(B)(3).

• In a criminal or civil case when the appellant is the Commonwealth.

NOTE: City and county governments are not exempt from paying filing fees

UNLESS the action is filed in the name of the Commonwealth.

2. If neither a filing fee, nor an In Forma Pauperis motion, is included with the

notice of appeal, return the notice of appeal to the appellant with an

explanation of the deficiency.

NOTE: See Section 4.1.3 if the notice of appeal is accompanied by a Motion

for Leave to Proceed In Forma Pauperis. File, date, initial

3. Upon receipt of a filing fee or an order granting IFP status to the appellant, Document type:

apply FILED stamp to the notice of appeal or cross-appeal; add the date Notice of appeal:

and your initials. NA Notice of cross-

4. File on a document screen using document type NA for a notice of appeal appeal: NCA

and document type NCA for notice of cross-appeal. File, date, initial

5. Upon receipt of a notice of appeal from an inmate in a criminal case, apply

the FILED stamp, add the date and your initials to the envelope

containing the motion, the motion itself and any documents pertaining to

Make necessary

the motion. Make a notation in the memo screen: Inmate Appeal and USPS

copies

envelope.

AOC Form 376

6. When the notice of appeal is filed, the clerk shall serve notice of its filing to

the clerk of the appellate court and to counsel of record of each party to

the proceedings from which the appeal is taken or to the party, if

unrepresented.

7. The clerk must prepare and file the notice of appeal in a criminal case if

requested by an appellant when proceeding without counsel. You may use

AOC Form 376 (Notice of Appeal). RAP 2(C), RCr 12.04, RCr 11.02(2). If you

prepare the notice for a criminal appellant, you will make the necessary

copies to serve the court and all other parties.

APPEALS

NOTE: Upon receipt of a notice to appeal involving a DUI forward the NOA (and later the

decision by the appeals court) to the Department of Transportation Drivers Division of Drivers

Licensing.

NOTE: Mail or email copies of notice of appeal packets, notice of certifications, and finality

confirmations to the Court of Appeals at COAClerkDocuments@kycourts.net.

4.1.2 Amended Notice of Appeal

1. When an amended notice of appeal is received, apply the FILED stamp; Quick Reference

add the date and your initials. File by completing a document screen using File, date, initial

document type AMNA.

Document type

2. Mail a copy of the amended notice of appeal showing the date FILED to AMNA

the appellate court clerk and all attorneys of record and to any party not

represented by an attorney. Mail copy of

amended notice

APPEALS

4.1.3 Motion for Leave to Proceed In Forma Pauperis

1. When the Notice of Appeal is accompanied by an Motion for Leave to Quick Reference

Proceed In Forma Pauperis motion and affidavit, apply the TENDERED Tender, date, initial

stamp (or write the word TENDERED) to the notice of appeal; add the

date and your initials. Document type TD

2. File the tendered notice of appeal on a document screen using document

type TD.

3. Apply FILED stamp to the IFP motion; add the date and your initials and

file on a scheduled event screen as MNH (motion not requiring a hearing). File, date, initial

File on a motion screen using motion type PFP. Event type MNH

Motion type PFP

4. Deliver the motion and order to the circuit judge.

Deliver to Judge

5. Upon receipt of a signed order ruling on the motion, apply the ENTERED

stamp to the order; add the date and your initials. Enter the order on a Enter, date, initial

document screen using document type OFP if the motion is granted or Document type OFP

OFD if the motion is denied. or OFD

6. Give notice of entry of the order to all parties. The losing party has 30 days

to pay the required filing fee or appeal the judge's order.

If the judge grants the motion or filing fees are timely paid: File, date, initial

1. Apply the FILED stamp to the notice of appeal (previously

marked as TENDERED) add the date and your initials.

Document type NA

2. File by completing a new document screen. Use document type

NA. Move the notice of appeal from its location as a tendered

document in the case file to correspond with its current filing.

NOTE: Do not cross through or otherwise obliterate the NOTE: See Forcible

TENDERED notation on the notice. Entry and Detainer

regarding rent fees

NOTE: In an appeal of a forcible detainer action, when an IFP

due when an IFP

motion is granted, the losing party/appellant is not required to

motion is granted.

deposit any rents due as directed in KRS 383.255(1). See Forcible

Entry and Detainer.

3. Serve notice of the notice of appeal filing by sending a copy of the

FILED stamp notice of appeal, a copy of the official docket, and either a copy

of the filing fee receipt or a copy of the order granting IFP to the clerk of the

appellate court and all parties. Note in the docket the names of the parties

served, the date of service, and the means of service. RAP 2(C).

If the judge denies the motion and filing fees are not paid:

1. If a notice of appeal of the denial of the motion to proceed In Forma Pauperis is

filed, immediately certify the denial and send to the Appellate Court. See

Appeals in Special Cases.

NOTE: No filing fee or motion to proceed In Forma Pauperis is required in this

instance.

APPEALS

2. If thirty (30) days pass without payment of the filing fees or an appeal of the

ordering denying, take the file to your judge.

4.1.4 Pre-hearing Statement

Upon request of the appellant/cross-appellant in civil cases appealed to the Court of

Appeals, after the notice of appeal/cross-appeal has been filed, provide them with either a

link to AOC Form 070, Kentucky Court of Appeals Civil Appeal Prehearing Statement on the

kycourts.gov website or a digital file of the form to download. RAP 22(A)(1).

EXCEPTIONS:

• Orders granting or denying class action certification under CR 23.06

• Prisoner applications seeking relief relating to confinement or conditions of

confinement

• Appeals from findings of contempt

• Appeals relating to extraordinary writs

• Appeals from orders of paternity, dependency, neglect, or abuse, domestic violence,

or juvenile status offense

RAP 22(A)(2) It is the responsibility of each appellant and cross-appellant, or his/her

attorney, to execute, sign, serve and file this statement with the Court of Appeals within 20

days from the filing of the notice of appeal or cross-appeal. RAP 22(A)(1)

4.1.5 Supersedeas or Criminal Bond

See Appeal Bond. Appeal bond amounts must be set by the judge.

APPEALS

4.1.6 Pleadings Sent to Appellate Clerk and Counsel/Parties

NOTE: Check the sentence to determine whether twenty (20) years or more is Quick Reference

to be served to bypass the Court of Appeals to the Supreme Court. File, date, initial

1. At such time as the notice of appeal or cross-appeal has been FILED, File stamp

send only the following to the Appellate Clerk and counsel for the parties

(or the parties if they are pro se). Clerk of the Court of

Appeals

a. A copy of the filed stamp notice of appeal or cross-appeal (as well as a 669 Chamberlin

copy of the envelope if filed by an inmate); Ave. Suite B

b. A copy of receipt for the filing fee or an order granting a motion to Frankfort, KY 40601

proceed in forma pauperis; Clerk of the

c. The judgment or order sought to be reviewed; Supreme Court

669 Chamberlin

d. A certified copy of the case history and docket sheet, (if a docket Ave., Suite A104

sheet exists); and Frankfort, KY 40601

e. Any opinion or findings of the circuit court and/or administrative Office of the

agency. (RAP 22(A)(1), RCr 12.04(2)) Attorney General

NOTE: In Criminal cases, where a Motion to Alter, Amend, or Vacate is filed, Criminal Appellate

the clerk should send a copy of the original judgment of conviction. Division

1024 Capital Center

2. In a criminal case, also send a copy to the Criminal Appellate Division of Dr.

the Office of the Attorney General and Department of Public Advocacy. Frankfort, KY 40601

3. Make a notation in the memo field of the document screen of the date the

appeal documents were sent and the names of those who were sent the copies.

4.1.7 Designation of Record

1. When a Designation of Record is received, apply the FILED stamp; add Quick Reference

the date and your initials. File, date, initial

2. File on a document screen using document type DOR. Document type

3. Apply the FILED stamp to the “B” recording of any court trial or jury trial DOR

held in the case being appealed; add the date and your initials.

4. File by completing a document screen using document type TAPE.

Document type

CR 98(2)(a)(i).

TAPE

APPEALS

4.1.8 Time Limits for Certification of Record

The following time limits for certification of a record to the Supreme Court/Court of Appeals

apply. On your desk calendar or other manual calendar, note the date the record is due to

be certified. Do not certify a record until the party’s 10 days to file from the designation has

run or all parties have filed their designation.

Case Type Time Limit

Criminal 30 days from the filing of the notice of appeal or

from the date that in forma pauperis is granted.

RAP 26(B)(4)(a) and (c).

Civil (no prehearing 30 days from the filing of the notice of appeal.

statement is required) 26(B)(4)(a).

Civil (prehearing statement 30 days from the appellate court’s order stating

is required) there will be no prehearing conference or stating

the agreement or results of the prehearing

conference. 26(B)(4)(b).

Sentenced 20 Years (+)

Quick Reference

In cases where a defendant is sentenced to 20 years or more, the record is Sentenced 20 Years

sent to the Supreme Court instead of the Court of Appeals. These cases are (+)

not automatic appeals and a notice is required. are sent to the

KY Constitution, Section 110(2)(b); RCr12.02. Supreme Court.

These cases are not

Death Penalty Cases automatic appeals

KRS 532.075 and a notice is

required.

The following additional instructions apply:

Death penalty cases

1. Prepare AOC Form 080, Clerk's Notice on Appeal of Capital Case. are directed to the

2. AOC Form 085, Report of Trial Judge of Capital Case will be completed by Supreme Court.

the trial judge.

3. Do not file or docket the notice and report.

4. Include the notices with the record but do not certify the clerk’s notice as a

part of the record.

APPEALS

4.1.9 Record Certification

RAP 26(B)(5)

1. Once the record has been indexed, prepare AOC Form 076, Certification of AOC Form 076

Record on Appeal and Notice of Certification of Record on Appeal. Apply File, date, initial

the FILED stamp to the certification/notice; add the date and your Document type

initials. NCR

2. File on a document screen using document type NCR. Send notice of the Mail copy

certification and the index of the record on appeal to the clerk of the

appellate court and copies of the notice and index to all attorneys in the

case and parties not represented by counsel RAP 26(B)(5), RCr 12.02. Note

in the memo field the names of the parties to whom copies are served. RAP 26(B)(5).

4.1.10 Preparation of Record on Appeal to Supreme Court/Court of Appeals

Record Preparation

Written Record • Certify the entire original record, including the juror strike sheets, up to

and including the designation of record if a designation is filed (not

required).

Exception: Do not include any depositions listed for exclusion in the

designation of record. Depositions are the only part of the original record

allowed to be excluded by a party.

Exception: If the parties in a Civil Case submit an agreed narrative

statement of the case, which the trial court approves, apply the FILED

stamp to the statement; add the date and your initials and file on a

document screen using document type ST. Certify and send this narrative

statement to the appellate court instead of all or any portion of the

original record it is intended to replace. RAP 25(A)(4) and (5); RCr 12.02.

Video Recordings • The B recording of any court trial or jury trial held in the case being

appealed shall be included in the original record on appeal.

• The B recording of any pre-trial or post-trial hearing, or any portion

thereof, should not be included in the original record on appeal unless it

was designated by a party. RAP 26(A)(3)(a), RAP 26(B)(2), CR 98(2), RCr

12.02.

APPEALS

Recordings in • If the appeal record you are preparing is from a circuit court appeal case

Circuit Court (XX), include any audio cassettes, video tapes, and digital recording disks

Appeal Cases which were filed and made part of the circuit court (XX) case.

Exhibits • Only exhibits such as documents, maps, charts, and other papers which

can be placed in 10” x 13” envelopes shall be sent to the appellate court

RAP 24(A), RAP26(B)(3), RCr 12.02. Do not send weapons, contraband, or

other physical evidence should not be sent to the appellate court unless

ordered to do so. RAP 24(A), RAP26(B)(3). Make sure all exhibits are

sufficiently identified and check exhibit envelopes to be sure you are not

including physical evidence RAP26(B)(3).

Narrative Statement

1. The parties may file an agreed Narrative Statement pertaining to all or part File, date, initial

of the evidence or proceedings at a hearing or trial in lieu of an official

record. Apply the FILED stamp, add the date and your initials and file on

a document screen using document type ST. Include this in the record on Document type

appeal only if approved by the trial court. RAP25(A)(4). CTGR

2. The appellant may prepare a Narrative Statement if no official record of

the evidence or proceedings at a hearing or trial exists or, if made, is not File, date, initial

audible from the recording; apply the FILED stamp, add the date and Document type ST

your initials and file on a document screen using document type ST.

Include this in the record on appeal only if approved by the trial court. RAP 25(A)(1), RAP

25(A)(5).

3. The appellant’s narrative statement will state the date of service on the appellee(s).

Create a tickler system on the scheduled events screen for 10 days from the date of

service on the appellee(s). Make a notation in the memo: “Submit all statements,

objections, or amendments served to the court by appellant and appellee(s) for the

court’s settlement and approval.” RAP 25(A)(2).

4. Any statement approved by the trial court, or any order refusing to approve a narrative

statement, shall be included in the record on appeal. If the record has already been

certified, the approved narrative statement shall be certified as a supplemental record

on appeal and immediately sent to the appellate court. RAP 25(A)(5).

NOTE: Transcripts should not be filed without approval. The trial court approves the

narrative statement. The Court of Appeals approves transcript.

Multiple Appeals

o If more than one appeal is filed from the same judgment, prepare one record on

appeal. RAP 26(C), RCr 12.02.

APPEALS

o In criminal appeals, if one appeal is to the Supreme Court and another is to the

Court of Appeals, send the original record to the Supreme Court and a certified copy

to the Court of Appeals. RAP 26(C), RCr 12.02.

o In criminal appeals with multiple defendants, when only one defendant is appealing,

all papers filed in the case are a part of the original record on appeal.

4.1.11 Binding the Record

RAP 26(B)(1), RCr 12.02, CR 98

1. Use the case history or docket sheet to prepare the index for the entire written record.

RAP 26(B)(1).

2. Arrange all of the written record in the order in which they were filed or entered

beginning with item #1 on the top and ending with the clerk's certification of the record.

RAP 26(B)(1), RCr 12.02.

3. Number the pages in consecutive order, at the bottom center. Note the page numbers

on the case history/docket sheet. RAP 26(B)(1), RCr 12.02.

4. Assemble into volumes of no more than 150 pages and securely bind at the left side in a

black binder. You may order the prescribed binder by completing AOC Form 1002 Office

Supply Order Form. The item number is ACC 25971, Report Cover. The report cover

includes a paper fastener and label. RAP 26(B)(1).

5. Affix the label to the front cover of the binder showing the style of the case and indicate

by Roman numeral the volume number. Place the index for each volume at the beginning

of that volume. Create a master index for the entire record by copying the index at the

beginning of each volume. Place the master index in the front of Volume I only, as the

first item.

NOTE: Written transcripts, depositions, worker's compensation original records, or any

administrative agency record should not be combined and bound in the clerk's bound

volumes or renumbered. However, these items should be certified as part of the record

on appeal.

6. All exhibits filed with the record, including those not sent to the appellate court, shall be

sufficiently identified and the index shall direct where they may be found.

7. Contact the Court of Appeals Clerk with questions.

APPEALS

4.1.12 Transmitting the Record

1. Upon request of the appellate court, transmit the record to the Court of

Appeals or Supreme Court. RAP 26(D)(3), RCr 12.02. Hand-deliver if Quick Reference

possible. If transmitting the record via postal service, use certified mail to

allow for tracking of the package.

Exception: Appeals in Special Cases Do not transmit the

record until the

NOTE: Retain control of the original record until the clerk of the appellate appellate court

court requests it be transmitted. RAP 26(D)(3). requests the record

NOTE: Only send one certified copy of the recorded proceedings. RAP

26(D)(3).

4.1.13 Preparation of Briefs

1. You may let attorneys check out the records to prepare briefs. Pro se parties may review

the record during regular business hours or be provided a copy of the

original record at no cost. However, retain the original recordings and the Attorneys may

evidentiary exhibits. RAP 26(D)(2)(d). Copy recorded hearings and trials as remove the record

specified by the attorney or pro se party. Charge the attorney or pro se from your office for

party a fee, per disc/DVD copied, as set forth in the Accounting Manual. If the purpose of

the copy is mailed to the attorney, collect certified mail fees as set forth in preparing briefs.

the Accounting Manual.

2. Appellant withdraws the record first for 60 days and returns the record to Collect fees

you before or when the brief is filed. Appellee then withdraws the record

for 60 days and returns the record to you before or when the brief is filed.

Appellant may then withdraw the record for 15 days to prepare the reply

brief. If the appellant is also a cross-appellant, a combination brief may be

filed within 60 days after the date on which the last appellee’s brief is filed

or due to be filed. RAP 26(D)(2), RAP 30(C), RAP 30(D).

3. When an attorney withdraws the record, have the attorney sign an out

card and place the card in the file as a substitute for the record. See

Maintenance of Records.

4. Note withdrawals and returns in the memo field of the case screen.

RAP 26(D)(2)(e). Note withdrawals

APPEALS

4.1.14 Supplemental Record

1. When the trial or appellate court orders the record supplemented, or the

parties file a stipulation to supplement the record, prepare the Quick Reference

supplemental record following the procedures herein beginning Prepare

Preparation of the Record on Appeal to Supreme Court/Court of Appeals. supplemental

The supplemental record will begin with the first item filed after the record

original certification.

2. Complete AOC Form 076, Certification of Record on Appeal and Notice of

Certification of Record on Appeal, and designate at the top of the form AOC Form 076

SUPPLEMENTAL. Apply the FILED stamp, add the date and your initials, Designate form

and file on a document screen. Use document type NCR. SUPPLEMENTAL

File, date, initial

NOTE: When the appellate clerk requests the record on appeal, include the Document type

supplemental record. NCR

NOTE: If the record on appeal has already been transmitted to the

appellate court, transmit the supplemental record as soon as it has been

prepared and certified.

4.1.15 Appeals in Special Cases – Denial of Motion to Proceed In Forma

Pauperis

RAP 55

1. When a Notice of Appeal of the denial of a motion to proceed In Forma

File, date, initial

Pauperis is received, apply the FILED stamp; add the date and your

initials.

2. No filing fee or motion to proceed In Forma Pauperis is required to appeal

a denial. RAP 55(B). Document type NA

3. File by completing a document screen using document type NA.

4. Immediately index and bind a certified copy of the following:

a. The motion to proceed In Forma Pauperis together with any

attachments and responses thereto;

b. The tendered notice of appeal;

c. Any subsequent motion with supporting documents relating to in

forma pauperis;

d. The order being appealed;

e. Video or audio recordings of the hearing, if one was held; and

f. The notice of appeal of the rulings of the trial court.

5. Complete AOC Form 076, Certification of Record on Appeal. Apply the AOC Form 076

FILED stamp; add the date and your initials. File, date, initial

6. File by completing a document screen using document type NCR. Serve on Document type

attorneys of record and parties not represented by counsel. NCR

APPEALS

7. The original record shall be kept by circuit clerk. Send the certified copy of the record to

the appellate court as soon as practical but no later than 10 days after the notice of

appeal is filed. Do not wait for the appellate court to request the record. RAP 55(D).

8. Call the Court of Appeals Clerk’s Office for further instructions, if needed.

4.1.16 Appeals in Special Cases - Denial of Pretrial Bail

RAP 51

1. When a Notice of Appeal of the denial of bail pending trial is received, Quick Reference

collect filing fees as set forth in the Accounting Manual and give a receipt. File, date, initial

Do not apply the FILED stamp or process the appeal until the filing fees Document type NA

are paid.

Collect fees

EXCEPTIONS: In Forma Pauperis granted or appellant is the

Commonwealth.

NOTE: City and county governments are not exempt from paying filing fees

UNLESS the action is filed in the name of the Commonwealth.

2. If the losing party is seeking to proceed in forma pauperis, the notice of

appeal must be accompanied by a Motion for Leave to Proceed In Forma

Pauperis and a supporting affidavit, or AOC Form 026. See Section 57

Motion for Leave to Proceed In Forma Pauperis for instructions on how to AOC Form 076

process a Motion for Leave to Proceed In Forma Pauperis and the tendered File, date, initial

notice of appeal. DO NOT proceed with the following steps unless filing

fees have been paid, In Forma Pauperis has been granted, or the petitioner Document type NA

is the Commonwealth.

3. Apply the FILED stamp to the notice of appeal; add the date and your

initials. File by completing a document screen using document type NA.

4. Immediately index and bind a certified copy of only that portion of the record that

relates to bail bond, including:

a. the order of the trial court;

b. the motion and any responses thereto; and

c. any video recording of the hearing on the motion being appealed. RAP

51(A)(1)(b).

5. Complete AOC Form 076, Certification of Record on Appeal. Apply the FILED stamp;

add the date and your initials.

6. File by completing a document screen using document type NCR. Serve on attorneys of

record and parties not represented by counsel.

7. The original record shall be kept by circuit clerk. Do not wait for the appellate court to

request the record. Send the certified copy of the record to the appellate court as soon

as practical but no later than 14 days after the notice of appeal is filed. RAP 51(A)(1)(b).

8. Call the Court of Appeals Clerk’s Office for further instructions, if needed.

APPEALS

4.1.17 Appeals in Special Cases - Granting or Denying of Writ of Habeas Corpus

RAP 26(E), RAP 52

1. When a Notice of Appeal from the grant or denial of a Writ of Habeas File, date, initial

Corpus is received, collect filing fees as set forth in the Accounting Manual

and give a receipt. Do not apply the FILED stamp or process the appeal

Collect fees

until the filing fees are paid.

EXCEPTIONS: In Forma Pauperis granted or appellant is the

Commonwealth.

NOTE: City and county governments are not exempt from paying filing fees

unless the action is filed in the name of the Commonwealth.

2. If the losing party is seeking to proceed in forma pauperis, the notice of

appeal must be accompanied by a Motion for Leave to Proceed In Forma

Pauperis and a supporting affidavit, or AOC Form 026. See Section 57

Motion for Leave to Proceed In Forma Pauperis for instructions on how to

process a Motion for Leave to Proceed In Forma Pauperis and the tendered

notice of appeal. DO NOT proceed with the following steps unless filing

fees have been paid, In Forma Pauperis has been granted, or the petitioner File, date, initial

is the Commonwealth.

Document type NA

3. Apply the FILED stamp to the notice of appeal; add the date and your

initials. File by completing a document screen using document type NA. A

designation of record is not required.

4. The record on appeal will consist of all written documents on file and all

video recordings unless specified by the party appealing. RAP 26(E), RAP

52(B).

AOC Form 076

5. Immediately index, bind, certify the record. RAP 52(B). File, date, initial

6. Complete AOC Form 076, Certification of Record on Appeal. Apply the Document type

FILED stamp; add the date and your initials. NCR

7. File by completing a document screen using document type NCR. Serve on

attorneys of record and parties not represented by counsel.

8. Send the entire record to the appellate court as soon as practical but no later than 10

days after the notice of appeal is filed. Do not wait for the appellate court to request the

record. RAP 52(B).

9. Call the Court of Appeals Clerk’s Office for further instructions, if needed.

APPEALS

4.1.18 Appeals in Special Cases - Decision in Election Contest

1. When a Notice of Appeal from the decision in an election contest is

received, collect filing fees as set forth in the Accounting Manual and give a Quick Reference

receipt. Do not apply the FILED stamp or process the appeal until the File, date, initial

filing fees are paid. Document type NA

EXCEPTIONS: In Forma Pauperis Granted or appellant is the Collect fees

Commonwealth.

Note: City and county governments are not exempt from paying filing fees

unless the action is filed in the name of the Commonwealth.

2. If the losing party is seeking to proceed in forma pauperis, the notice of

appeal must be accompanied by a Motion for Leave to Proceed In Forma

Pauperis and a supporting affidavit, or AOC Form 026. See Section 57

Motion for Leave to Proceed In Forma Pauperis for instructions on how to

AOC Form 076

process a Motion for Leave to Proceed In Forma Pauperis and the tendered

File, date, initial

notice of appeal. DO NOT proceed with the following steps unless filing

Document type

fees have been paid, In Forma Pauperis has been granted, or the petitioner

NCR

is the Commonwealth.

3. Apply the FILED stamp to the notice of appeal; add the date and your

initials. File by completing a document screen using document type NA.

4. Immediately index, bind, certify and forward to the appellate court the entire original

case file.

5. Complete AOC Form 076, Certification of Record on Appeal. Apply the FILED stamp;

add the date and your initials.

6. File by completing a document screen using document type NCR. Serve on attorneys of

record and parties not represented by counsel.

7. Do not wait for the appellate court to request the record.

8. Call the Court of Appeals Clerk’s Office for further instructions, if needed.

4.1.19 Appeals in Special Cases - Decision of Election Candidate Qualifications

1. Upon receipt of a telephonic directive from the Court of Appeals,

immediately index, bind, certify and transmit the entire original case file.

2. Complete AOC Form 076, Certification of Record on Appeal. Apply the

AOC Form 076

FILED stamp; add the date and your initials.

File, date, initial

3. File by completing a document screen using document type NCR. Serve on

Document type

attorneys of record and parties not represented by counsel.

NCR

4. Do not wait for the appellate court to request the record.

5. Call the Court of Appeals Clerk’s Office for further instructions, if needed.

APPEALS

4.1.20 Appeals in Special Cases - Denial of Request for Self-Consent Abortion

1. When a Notice of Appeal from the denial of a request for a self-consent abortion is

received, collect filing fees as set forth in the Accounting Manual and give a

receipt. Do not apply the FILED stamp or process the appeal until the Quick Reference

filing fees are paid unless the appellant makes a declaration indicating she File, date, initial

has insufficient funds to pay the filing fee. KRS 311.732(7); RAP 54. Document type NA

2. Apply the FILED stamp to the notice of appeal; add the date and your Collect fees

initials. File by completing a document screen using document type NA.

3. No later than five (5) days from the filing of the Notice of Appeal, forward

the entire, original record to the appellate court.

4. Complete AOC Form 076, Certification of Record on Appeal. Apply the AOC Form 076

FILED stamp; add the date and your initials. File, date, initial

5. File by completing a document screen using document type NCR. Serve on

attorneys of record and parties not represented by counsel. Document type

NCR

6. Do not wait for the appellate court to request the record.