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RAP 6 Computing and extending time

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 6
RAP 6 Computing and extending time
(A) Computing Time. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
(B) Leave of Court Required for Extension or Enlargement. Parties may not by agreement extend time without leave of court.
(C) Extensions Sought Before a Due Date. The court for cause shown may, at any time in its discretion, with or without motion or notice, extend the time for an act that is required or allowed to be done within a specified time if the request is made before the expiration of the period originally prescribed or as extended by a previous order, but it may not extend the time for taking any action under RAP 3, 4, or 17.
(D) Enlargement of Time Sought After a Due Date. Upon the filing of a motion for enlargement made after the expiration of a due date, the court may in its discretion grant an enlargement of time where the failure to act was the result of excusable neglect. No enlargement of time will be granted for taking any action under RAP 3, 4, 17, or 44.

Credits

HISTORY: Adopted eff. 1-1-23
Rules App. Proc., Rule 6, KY ST RAP Rule 6
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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