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RAP 17 Transfer of appeal from court of appeals to supreme court

Baldwin's Kentucky Revised Statutes AnnotatedRules of Appellate ProcedureEffective: January 1, 2023

Baldwin's Kentucky Revised Statutes Annotated
Rules of Appellate Procedure
Article IV. Preliminary Procedure and Interlocutory Relief
Effective: January 1, 2023
Kentucky Rules of Appellate Procedure Rule 17
RAP 17 Transfer of appeal from court of appeals to supreme court
(A) General. No later than 10 days from the date on which a notice of appeal to the Court of Appeals has been filed, any party may serve and file a motion in the Supreme Court for transfer of the case to that Court. A copy of the notice of appeal shall accompany a motion for transfer filed in the Supreme Court. The requirements of RAP 44(C)-(I) shall apply to such motions, except that other parties to the appeal may file a response in the Supreme Court within 10 days of the filing of the motion for transfer.
(B) Death Penalty. The filing of a notice of appeal in a case in which a death penalty has been imposed will automatically serve to transfer the appeal to the Supreme Court. The filing of a notice of interlocutory appeal in a case in which a death penalty is sought will automatically serve to transfer the appeal to the Supreme Court.
(C) Considerations Governing Transfer. Transfer is within the discretion of the Supreme Court and will be granted only upon a showing that the case is of great and immediate public importance, except that if separate appeals in a criminal case to the Supreme Court and to the Court of Appeals arise from the same trial, the Supreme Court in its discretion, on motion of the appellant whose appeal lies to the Court of Appeals, may transfer that appeal to the Supreme Court.
(D) Running of Time. Filing of the motion shall suspend the running of time for further steps in the appeal, and the full time for such steps shall be computed from the date of the order granting or denying the transfer.
(E) Granting of Motion. If the motion is granted, the appeal shall be perfected and prosecuted as in appeals taken as a matter of right unless otherwise directed by the Supreme Court.
(F) Recommendation by Court of Appeals. The Supreme Court may at any time, upon recommendation of the Court of Appeals, transfer to the Supreme Court any case pending before the Court of Appeals that falls within the criteria set forth in paragraph (C) above. The entry of a recommendation for transfer by the Court of Appeals shall suspend the running of time for any further steps in the appeal, and the full time for such steps shall be computed from the date of the order of the Supreme Court granting or denying the transfer.
(G) Transfer to Appropriate Court. If the Supreme Court Clerk or Court of Appeals Clerk receives a notice of appeal within the exclusive appellate jurisdiction of the other appellate court, the clerks may consult and transfer the appeal to the appropriate court. Upon docketing of the appeal in the appropriate court, the appeal shall proceed as if it had been originally filed in the court with jurisdiction.
(H) Costs. Payment of the filing fee specified in RAP 13 shall be required with the motion.

Credits

HISTORY: Adopted eff. 1-1-23
Rules App. Proc., Rule 17, KY ST RAP Rule 17
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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