Ky. Cir. Ct. Clerks' Manual APPLICATION FOR DECLARATION OF DEATH

4.2 Administrative Appeals

Process Map

4.2.1 Petition for Review

A petition for de novo review (appeal) of a decision of an administrative agency is an original

action in circuit court. KRS 23A.010. Reviews of cases from local agencies may be filed in

district court. KRS 24A.010(2).

EXCEPTIONS:

• A petition for review of a denial of a request for a license to carry a concealed

weapon is filed in district court. KRS 237.110.

• A petition for review of an order of the fiscal court is filed in circuit court. KRS

23A.010(4).

• A petition for review of a local policy disciplinary action is filed in circuit court.

KRS 15.520

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1. Collect filing fees as set forth in the Accounting Manual and give a receipt. Quick Reference

Do not apply the FILED stamp or process the petition until the filing fees Collect filing fees

are paid.

EXCEPTIONS: The following are exempted from the filing fees:

• In Forma Pauperis Granted. See Section 57 Motion for Leave to

Proceed In Forma Pauperis.

• Petitioner is the Commonwealth. KRS 453.010.

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

unless the action is filed in the name of the Commonwealth. File, date, initial

2. For instructions on opening the case, refer to the Case Add section of the

KyCourts Manual. Case type AB

3. Assign to a division using the procedure in your local court rules. Use case Circuit Civil CI case

type AB. or District Civil C

4. Generate the next case number for circuit civil CI cases or district civil C case

cases or use the next pre-numbered file folder.

5. If the petitioner is seeking to proceed in forma pauperis, the petition must Summons type CI

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 petition. DO NOT

proceed with the following steps unless filing fees have been paid, In

Forma Pauperis has been granted, or the petitioner is the Commonwealth.

6. Apply the FILED stamp to the petition; add the date and your initials.

File, date, initial

7. Issue a summons immediately for e ach person to be served and make a

copy. Use summons type CI. Follow the initiating party’s instructions for

service of the summons and the complaint (or other initiating document) Summons type CI

of the initiating party. The party requesting the summons shall furnish

sufficient copies of the petition for this purpose. CR 4.04(1). See Service of

Process.

8. Upon return of service, process according to the type of service. See

Service of Process

Note: A civil summons may be issued on holidays and served on Sundays

and holidays. KRS 454.125.

9. If a hearing is scheduled, calendar for the appropriate date by completing a Document type

scheduled events screen. RTRF

10. Upon receipt of an agency’s original record file the record into the appeals

record. Add the document in the case management system using

document code RTRF (Record Transferred from Another Court/Agency.)

Note: Large administrative records may be accepted in an electronic format (flash drive)

with a written letter certifying the record.

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4.2.2 Order

Quick Reference

1. Upon receipt of a signed order, apply the ENTERED stamp; add the date

and your initials. Enter the order on the document screen. Enter, date, initial

2. After the order is entered, serve notice of entry on every party who is not

in default or who has not filed a written waiver of notice. Make an entry

on the document screen showing the manner (mail or personal delivery)

and date of service of notice of entry of order. See Notice of Entry.

3. Close the case by completing the disposition date, disposition type, and

judge at disposition fields on the case screen.

4. After the case is completed and the time for filing a notice of appeal has elapsed (30

days), return the agency's record.

Process Map

4.3 Appeals to Circuit Court

RAP 48

4.3.1 Time Limits for Filing Appeals

RAP 48(B)(1)-(2)

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

judgment:

Appeal Type Time Limit

Civil Actions, RAP 3(A) 30 DAYS

Exceptions: Small Claims, KRS 24A.340 10 DAYS

Forcible Detainer Cases, KRS 383.255 7 DAYS

Election Contests, KRS 120.075 10 DAYS

Paternity, KRS 406.051 60 DAYS

Juvenile Matters, KRS 610.130, RAP 3(A) 30 DAYS

Dependency, Neglect, Abuse, KRS 620.155, RAP 3(A)

Mental Health, KRS 645.260, RAP 3(A)

Criminal Actions, RCr 12.04

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4.3.2 Time Limits for Preparation of Record to Circuit Court

The record on appeal does not need to be certified. RAP 48(E)(4).

The record on appeal remains in the custody of the district court clerk until requested by the

circuit court. RAP 48(E)(4).

EXCEPTION: In a forcible detainer action, you have 10 days from the date the appellant

deposits rent monies (past-due, current, and future rents) with you to prepare and deliver

the appeal record to the Circuit Court. KRS 383.255(2). See the Accounting Manual regarding

collection of fees.

4.3.3 Supersedeas Bond or Criminal Bond

See Appeals Bonds.

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4.3.4 Notice of Appeal

1. When a notice of appeal or cross-appeal is received, before it may be filed, Quick Reference

you must collect the filing fees as set forth in the Accounting Manual and Collect filing fees

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

the filing fees are paid.

EXCEPTION: There is no filing fee:

• When In Forma Pauperis is granted,

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

Advocate/Defender,

• When a judicial officer is a party in his/her official capacity, or

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

RAP 54.

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

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

2. If the losing party does not meet any of the above exceptions, and they do

not include a filing fee, or an In Forma Pauperis motion with the notice of

appeal, return the notice of appeal to the appellant with an explanation of File, date, initial

the deficiency. See Section 4.3.5 Motion to Proceed Informa Pauperis NOA from Inmate:

below. RAP 48(B)(4). Memo inmate

3. If the notice of appeal is received in the mail from an inmate in a criminal appeal and USPS

case; apply the FILED stamp, add the date and your initials to the envelope

envelope. Make a notation in the memo screen with the notice of appeal: File, date, initial

“Inmate Appeal and USPS Envelope.” RAP 26(A)(2).

Document type NA

4. Upon receipt of the filing fee, apply the FILED stamp to the notice of or document type

appeal or cross-appeal; add the date and your initials; file on a document NCA

screen. Use document type NA for a notice of appeal and document type

NCA for notice of cross-appeal.

5. 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.

Notice in a Criminal

6. The clerk must prepare and file the notice of appeal in a criminal case if Case: AOC Form

requested by an appellant proceeding without counsel. You may use AOC 376

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.

7. Transmit a copy of the check or receipt and a copy of the notice of appeal

showing the date filed to the circuit clerk. Note in the memo field of the document

screen the date of transmittal. RAP 2(C), RCr 12.04(2).

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8. In a criminal or juvenile case, mail a copy of the notice to the Quick Reference

Commonwealth's Attorney and/or County Attorney.

9. In a DUI appeal, if the defendant's license has been mailed to the Mail Notice of

Transportation Cabinet, mail a copy of the Notice of Appeal that has been Appeal

stamped FILED to the Cabinet. Note in the memo field of the document Transportation

screen the names of persons to whom copies were sent, and the date of Cabinet, Division of

the mailing. RAP 2(C), RCr 12.04(2). Forward any decision by the appeals Driver Licensing

court to the Division of Drivers Licensing. 200 Mero Street-

NOTE: Create a tickler for the 30 days the appellant has for filing a statement 2nd Floor

of appeal by completing a Scheduled Events Screen. The 30 days will run from Frankfort, KY 40622

the date the first notice of appeal is filed. RAP 48(F)(1).

4.3.5 Motion to Proceed In Forma Pauperis

1. When the notice of appeal or cross appeal is accompanied by an In Forma Tender, date, initial

Pauperis motion with affidavit, apply the TENDERED stamp (or write the

word TENDERED or RECEIVED) to the notice of appeal; add the date and Document type TD

your initials.

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

using document type TD. If the record on appeal is a video, type "video" File, date, initial

on the notice of appeal and highlight with a fluorescent marker. Event type MNH

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

file on a scheduled event screen as MNH (motion not requiring a hearing). Deliver to Judge

File on a motion screen using motion type PFP.

Enter, date, initial

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

Document type OFP

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

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

OFD if the motion is denied. Give notice of entry of the order to all parties. File, date, initial

6. If the motion is denied, the losing party has 30 days to pay the required

filing fee or file a notice of appeal of the judge's order. Create a tickler by Case Typer REV

completing a schedule event screen using event type REV − Review.

If the judge grants the motion or the losing party timely pays the filing fees:

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

TENDERED) add the date and your initials.

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

Move the notice of appeal from its location as a tendered document in NOTE: See Forcible

the case file to correspond with its current filing. Entry and Detainer

NOTE: Do not cross through or otherwise obliterate the TENDERED regarding rent fees

due when an IFP

notation on the notice.

motion is granted.

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

granted the losing party/appellant is not required to deposit any rents

due as directed in KRS 383.255(1). See Forcible Entry and Detainer.

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

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 File, date, initial

clerk of the appellate court and all parties.

If the judge denies the motion and the filing fees are not timely paid: Document type IFP

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 (circuit court). See Appeals in Special Cases.

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

in this instance.

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.

4.3.6 Preparing Record on Appeal to Circuit Court

Case File

1. The written record on appeal includes the paper or digital record of pleadings, motions,

and papers in the district court file.

2. Do not index or certify the record unless and until requested by the Court of Appeals,

after a motion for discretionary review is granted. RAP 48(E)(4), RCr 12.02.

Recording Log/Recordings

1. Copy the recording log. Indicate in red ink on the copy the beginning and ending

numbers of the case being appealed.

2. Locate the audio, or video recording of the trial or other proceedings conducted in the

district court case and place the copy of the log and recording(s) in the file. RAP 48(E)(2),

RCr 12.02.

NOTE: For instructions on recording a tape or digital disk see Recordings: Audio/Video.

Fees for copies of recordings may be found in the Accounting Manual.

Except for forcible detainer appeals, deliver the record on appeal to the Circuit Court when

requested.

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4.3.7 Receipt of Appellate Record by Circuit Court

1. Upon receipt of a record on appeal from district court, apply the FILED Quick Reference

stamp; add the date and your initials. Treat the entire record as a single File, date, initial

item. RAP 5(D)

NOTE: Juvenile, hospitalization and disability cases retain confidentiality on

appeal, as well as the address of the petitioner and children in domestic

and interpersonal protective order cases.

2. Assign to a division in circuits having more than one judge, using the

procedure set out in your local court rules. Case type:

3. For instructions on opening the case, refer to Case Add section of KyCourts Criminal appeals:

Manual. Use case type XR for criminal appeals and case type XI for civil XR

appeals. Assign the next number for circuit court appeals (XX) by using the Civil appeals: XI

next pre-numbered file folder.

NOTE: Appeals of juvenile and mental health cases are filed in the Circuit appeal case:

confidential CO division. Remember to maintain confidentiality of the case XX

file. KRS 610.340.

NOTE: If the appeal is a criminal appeal, complete a charge screen only for

the charge(s) being appealed.

4. If the appellant in a civil case requests to file a supersedeas bond (see Appeal Bonds) at

this point in the appeal, direct the appellant to the district court. RAP 63(C)(2).

NOTE: Pursuant to KRS 27A.070, the AOC shall provide the SBE with certified notices of

felony convictions within ten (10) days after the conviction becomes final with regard to

any person before the courts of the Commonwealth. To facilitate compliance with this

statutory requirement, the AOC will transmit certified notices of conviction to the SBE on

a weekly basis.

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4.3.8 Appeal Perfected

File, date, initial

1. Appellant(s) will perfect their appeal by filing a statement of appeal within

30 days of the date the first notice of appeal was filed. RAP 48(F)(1).Apply

the FILED stamp to the statement of appeal; add the date and your

initials. RAP 5(D). Document type STA

2. File on a document screen using document type STA.

NOTE: Create a tickler for the 30 days the appellee or appellee/cross-appellant has to file a counter-statement by completing a Scheduled

Events Screen. The 30 days will run from the date the statement of

appeal is filed. RAP 48(F)(2). See KyCourts Manual.

3. Except when there is more than one notice of appeal filed, if the statement

of appeal is not filed within the 30-day time limit, immediately deliver the

case to the judge noting the appellant’s failure to perfect the appeal. RAP

48(F)(1). File, date, initial

4. Within 30 days after the date on which the appellant's statement of appeal

was filed, the appellee or appellee/cross-appellant shall file and serve a

counter-statement. RAP 48(F)(2). Apply the FILED stamp to the Document type CS

counter-statement; add the date and your initials. RAP 5(D).

5. File on a document screen using document type CS.

4.3.9 Submission to Judge for Decision

 When the statement of appeal and appellee's/cross-appellant’s Quick Reference

counter-statement have been filed, or the time for filing the

counterstatement has expired, immediately deliver the case to the judge

for a decision. RAP 48(I). A notation of the referral should be made in the Create 30/60 day

memo field of the case screen. tickler events

4.3.10 Final Opinion or Order Entry

1. When an opinion or order that resolves the appeal is received, apply the Enter, date, initial

ENTERED stamp; add the date and your initials. Enter on a document Enter on document

screen. CR 58(1), RAP 48(J). screen

2. Serve notice of entry, by delivering a copy of the decision to all counsel or Notice of entry

parties proceeding pro se and the trial court judge; and in all traffic cases Transportation

to the Transportation Cabinet, Division of Driver Licensing. Cabinet, Division of

3. If the appeal is a criminal appeal, close the charge screen in the "XX" case Driver Licensing

with the disposition date, disposition type, judge and trial type. Close the 200 Mero Street-

case by completing ONLY the disposition date and judge on the case 2nd Floor

screen. Frankfort, KY 40622

4. If the appeal is a civil appeal, close the case by completing the disposition

date, disposition type and judge at disposition fields on the case screen.

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5. The parties will have 30 days to file a motion for discretionary review in the Court of

Appeals. Create a 30-day tickler from the date the order is entered by completing a

schedule event screen.

4.3.11 Statement of Costs

RAP 48 (L)

1. Costs on appeal shall be borne by the unsuccessful party or parties, except, however,

that in criminal cases no reimbursement shall be required of the Commonwealth or a

municipality.

2. Liability for reimbursement of costs may be enforced on motion without the necessity of

an independent action.

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4.3.12 Motion for Discretionary Review

RAP 44

If no motion for discretionary review in the Court of Appeals is filed within 30 days from

entry of opinion or order, the circuit court opinion or order is final. RAP 40(G),

44(B)(1). Quick Reference

1. Return the district court's record to district court with a copy of the circuit

court's opinion or order when the 30 day period for filing a motion for

discretionary review has expired. Retain the circuit court appellate case file

associated with the XX case in circuit court.

a. If the district court judgment is reversed and further proceedings

are ordered, the case will proceed in district court.

b. If the district court judgment is affirmed or the appeal is Disposition code

dismissed, the district court will enforce the judgment. TRF

NOTE: When a circuit appeal is remanded to district court use disposition

code TRF (transfer) in the case/charge.

If the losing party files a motion in the Court of Appeals for discretionary

review of the circuit court judgment, you will receive a copy of the motion and

the Court of Appeals decision on the motion. RAP 44(B)(1), RAP 44(H).

1. If the Court of Appeals grants the motion, follow the instructions in the

Appeals to Supreme Court/Court of Appeals subsection of Section 4 of this

manual, including the Preparation of Record on Appeal to Supreme

Court/Court of Appeals and Binding the Record. RAP 26(B)(1).

2. When the Court of Appeals decides the case and returns the original

record on appeal to you, return the district court's record to district court. RAP 27(H)(3).

APPLICATION FOR DECLARATION OF DEATH

5 APPLICATION FOR DECLARATION OF DEATH

KRS 422.132

District Court Process Map

5.1 Application Quick Reference

1. Upon receipt of Application for Declaration of Death AOC Form 857, AOC Form 857

Application for and Declaration of Death Due to Catastrophic Event, collect

filing fees as set forth in the Accounting Manual, and give a receipt. Do not Collect filing fee

apply the FILED stamp or process the application until the filing fees are

paid.

EXCEPTIONS: The following are exempted from the filing fees:

• In Forma Pauperis Granted. See Section 57 Motion for Leave to

Proceed In Forma Pauperis.

• Petitioner is the Commonwealth. KRS 453.010.

2. Assign to a division using the procedure in your local court rules. Case type OTH

3. Open a case. For more information, see Case Add in the KyCourts Manual. District Civil C case

Use case type OTH. Generate the next case number in the computer for

district civil C cases or use the next pre-numbered file folder.

4. If the petitioner is seeking to proceed in forma pauperis, the application

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

application. DO NOT proceed with the following steps unless filing fees

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

the Commonwealth.

File, date, initial

5. Apply the FILED stamp to the application; add the date and your initials.

Do not issue

6. Do not issue a summons. summons

7. Deliver the case file to the judge.

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5.2 Judgment/Order

1. When a signed order is received from the judge, apply the ENTERED Enter, date, initial

stamp; add the date and your initials.

2. Enter the order on the document screen. Use document type ADDCE. Document type

Serve notice of entry on the parties by making a copy of the order that has ADDCE

been stamped "ENTERED" and mail or hand deliver it to the parties or

attorney. The method of service and date of service must be completed

NOE

on the document screen. See Notice of Entry.

Cabinet for Health

3. If the order directs the Registrar of Vital Statistics to issue a death

and Family Services

certificate at no charge, mail a certified copy of the Order to CHFS, Vital

Registrar of Vital

Statistics.

Statistics – First

4. When the order closes the case, complete the disposition date, disposition Floor

type OTH and judge at disposition fields on the case screen. 275 East Main

Street

Frankfort, KY 40621

Disposition type

OTH