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RAP 7 Motions

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

Baldwin's Kentucky Revised Statutes Annotated
Rules of Appellate Procedure
Article III. General Provisions Applicable to Appeals
Effective: January 1, 2023
Kentucky Rules of Appellate Procedure Rule 7
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 expungements.
(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) The filing of a motion to dismiss 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.

Credits

HISTORY: Adopted eff. 1-1-23
Rules App. Proc., Rule 7, KY ST RAP Rule 7
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document