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RAP 5 Service, form, and filing

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 5
RAP 5 Service, form, and filing
(A) Service. All documents filed pursuant to these rules shall be served as set forth in CR 5.01 and 5.02 and shall contain a certificate indicating the date and manner of service signed by a party or its counsel as set forth in CR 5.03.
(B) Form.
(1) Caption. All documents filed pursuant to these rules shall have a caption setting forth the name of the court, the style of the action, the case number, and a title. The style of the action may include the names and designations of all the parties or may state the name and designation of the first party on each side with an appropriate indication of other parties.
(2) 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.
(3) Signature. All documents filed pursuant to these rules shall be signed by a party or its counsel as set forth in RAP 11.
(4) Format. Except for exhibits, or as otherwise provided in these rules or other orders of the appellate courts, all documents filed in the appellate courts shall be clearly readable, in black type no smaller than 12 point, single sided, and on unglazed white paper 8 1/02 by 11 inches in dimension with at least a double space between lines and 1-inch margins.
(C) Filing with the Clerk. All notices of appeal or cross-appeal, designations of the record, in forma pauperis motions, motions for supersedeas bonds, and motions for bond on appeal in criminal proceedings shall be filed in the court from which the appeal is taken. All other documents required or permitted by these rules shall be timely filed with the clerk of the court in which the appeal is pending.
(D) Clerk's Duties Regarding Filing and Service. The clerk shall endorse upon every document filed in an action the date of its filing. Such endorsement shall constitute the filing of the document and no order of court shall be required.
(E) Filing Timeliness. To be timely filed, a document shall be received by the clerk of the court in which the appeal is pending within the time specified for filing. Any document filed with the Clerk of the Supreme Court of Kentucky or Kentucky Court of Appeals shall be deemed timely filed if it has been transmitted by United States registered (not certified) or express mail, or by other recognized mail carriers, with the date the transmitting agency received said document from the sender noted by the transmitting agency on the outside of the container used for transmitting, within the time allowed for filing, or by any other method allowed by court rule or order.
(F) Deficiency. If the Supreme Court of Kentucky or the Kentucky Court of Appeals issues a deficiency notice regarding any document filed in that court, a party receiving such a notice shall file a corrected document within 10 days of the date of the notice.


HISTORY: Adopted eff. 1-1-23
Rules App. Proc., Rule 5, KY ST RAP Rule 5
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document