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SCR 1.030 The Court of Appeals

Baldwin's Kentucky Revised Statutes AnnotatedRules of the Supreme CourtEffective: January 1, 2023

Baldwin's Kentucky Revised Statutes Annotated
Rules of the Supreme Court
I Policy and Administration (Refs & Annos)
Effective: January 1, 2023
Rules of the Supreme Court (SCR), Rule 1.030
SCR 1.030 The Court of Appeals
(1) Headquarters.
The headquarters of the Court of Appeals shall be in Frankfort.
(2) Continuous session.
The Court of Appeals shall be a court of continuous session.
(3) Powers of the Court.
The Court of Appeals may administer oaths, punish contempts, and issue necessary orders to give control over lower courts. Proceedings in the nature of mandamus or prohibition against a circuit judge shall originate in the Court of Appeals. Final decisions of the Workers' Compensation Board are subject to review by the Court of Appeals in accordance with procedures set out in the Rules of Civil Procedure.
(4) Style of process.
All process from the Court of Appeals shall be issued in the name of the court and signed by the clerk, and shall be styled “The Commonwealth of Kentucky, Court of Appeals.”
(5) Court personnel.
The Court of Appeals may appoint law clerks and secretaries for each judge and may appoint staff attorneys for the court. Other court service personnel shall be employed by the Administrative Office of the Courts. Officers and employees of the Court of Appeals shall not practice law.
(6) Chief judge.
(a) Selection.
The judges of the Court of Appeals shall elect one of their number to serve as chief judge for a term of four years. The chief judge shall appoint a chief judge pro tem to serve at his pleasure. The chief judge pro tem shall perform the functions of the chief judge when the latter is absent or unable to act.
(b) Duties.
In addition to the powers and duties imposed by these rules, the chief judge shall have such other powers and duties as the Supreme Court by rule or special order shall direct.
(7) Panels.
(a) Division.
The Court of Appeals shall be divided from time to time into panels of three judges each to conduct hearings at the times and in the places necessary to discharge the business before the court. The assignment of judges to panels, the times and places for holding hearings, and the assignment of cases shall be determined by the chief judge in conformity with the administrative policies set forth in subsection (b) of this rule. Judges may be assigned to more than one panel at the same time.
(b) Assignment of judges.
The assignment of judges to panels shall be rotated in such manner that over the course of each year (i) each judge sits with each of the other members of the court, other than the chief judge, with substantially the same frequency and (ii) each judge other than the chief judge sits in each appellate district with substantially the same frequency as each of the other judges.
(c) Presiding judge.
The chief judge shall preside over any panel of which he is a member, and shall designate the presiding judge of other panels. The presiding judge of each panel shall preside at the hearings and perform such other functions as the Court of Appeals or Supreme Court by rule or order shall direct.
(d) Finality of decisions.
The decision of a majority of the judges of a panel shall constitute the decision of the Court of Appeals. If prior to the time the decision of a panel is announced it appears that the proposed decision is in conflict with the decision of another panel on the same question, the chief judge may reassign the case to the entire court. If a panel is unable to reach a decision on a case under consideration by it, the chief judge may reassign the case to a larger or different panel or to the entire court.
(8) Authority of Supreme Court opinions; denial of discretionary review.
(a) Precedents.
The Court of Appeals is bound by and shall follow applicable precedents established in the opinions of the Supreme Court and its predecessor court.
(b) Denial of discretionary review.
The denial of a motion for discretionary review by the Supreme Court or by the Court of Appeals shall not be taken as indicating its approval of the opinion or order sought to be reviewed, and shall not be cited as connoting such approval.

Credits

HISTORY: Amended by Order 2022-58, eff. 1-1-23; prior amendments eff. 1-15-88 (Order 88-1), 7-8-83, 5-1-80, 1-1-80; adopted eff. 1-1-78
Note: Former Rules of Appellate Procedure (RAP) were amended and redesignated as Rules of the Supreme Court (SCR) by Order of the Supreme Court effective January 1, 1978. Prior Rules of the Court of Appeals (RCA) had been redesignated as Rules of Appellate Procedure effective March 12, 1976.
Sup. Ct. Rules, Rule 1.030, KY ST S CT Rule 1.030
Current with amendments received through June 1, 2024. Some sections may be more current, see credits for details.
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