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RAP 21 Motion for intermediate relief during pendency of appeal

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 21
RAP 21 Motion for intermediate relief during pendency of appeal
(A) When Authorized.
(1) Time. At any time after a notice of appeal under RAP 2 or a motion for discretionary review under RAP 44 has been filed, a party to the appeal or motion may move the appellate court for intermediate relief upon a satisfactory showing that otherwise the movant will suffer immediate and irreparable injury before final disposition of the appeal.
(2) Requirements. Five copies (1 unbound and 4 bound) of the motion shall be filed in the appellate court. The format of the motion shall be the same as for other motions filed in the appellate court under RAP 7. The motion shall state with specificity the procedural and factual history of the dispute and the grounds on which the movant's claim for relief is based.
(3) Record Required. Unless the record has previously been certified to the appellate court, the movant shall attach to each copy of the motion copies of the final judgment, any motion for stay filed in the circuit court, any circuit court order disposing of the motion for stay, and copies of any other portions of the record necessary for disposition of the motion.
(4) Response. Any opposing party may file a response to the motion for intermediate relief no later than 10 days from the date on which the motion is filed. Five copies (1 unbound and 4 bound) of the response shall be filed in appellate court and the format shall be the same as motions filed in the appellate courts.
(5) Hearing and Disposition. Upon the filing of the response or the expiration of the time for a response, the motion shall be submitted for decision. No replies are allowed.
(a) 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; and
(b) Any intermediate order of a procedural nature pending final disposition of a proceeding pending in an appellate court may be issued on the signature of any judge of that court.
(B) Review. Any party adversely affected by a decision of the Court of Appeals under this rule may seek review in the Supreme Court under the procedure provided for review of injunctions under RAP 20(F).

Credits

HISTORY: Adopted eff. 1-1-23
Rules App. Proc., Rule 21, KY ST RAP Rule 21
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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