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RAP 10 Failure to timely appeal or comply with other rules

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 10
RAP 10 Failure to timely appeal or comply with other rules
(A) Dismissal of Appeal. The failure of a party to timely file a notice of appeal, cross-appeal, or motion for discretionary review shall result in a dismissal or denial.
(B) Consequences for Failing to Comply with Rules. A party's failure to take any step other than the timely filing of a notice of appeal, cross-appeal, or motion for discretionary review does not affect the validity of the appeal or other proceeding in an appellate court. Although failure to comply with rules other than timely filing of a notice of appeal, cross-appeal, or motion for discretionary review does not affect the validity of an appeal or other proceeding, the failure of a party to substantially comply with the rules is ground for such action as the appellate court deems appropriate, which may include:
(1) A deficiency notice or order directing a party to take specific action,
(2) A show cause order,
(3) Striking of filings, briefs, record or portions thereof,
(4) Imposition of fines on counsel for failing to comply with these rules of not more than $1,000,
(5) A dismissal of the appeal or denial of the motion for discretionary review, and
(6) Such further remedies as are specified in any applicable rule.

Credits

HISTORY: Adopted eff. 1-1-23
Rules App. Proc., Rule 10, KY ST RAP Rule 10
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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