Home Table of Contents

RAP 4 Cross-appeals

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

Baldwin's Kentucky Revised Statutes Annotated
Rules of Appellate Procedure
Article II. Commencement of Appeal
Effective: January 1, 2023
Kentucky Rules of Appellate Procedure Rule 4
RAP 4 Cross-appeals
(A) Who May Take. Any party that is a party to the appeal pursuant to RAP 2(A)(2) may take a cross-appeal from a judgment of the trial court. A cross-appeal shall be denominated as such. The failure of a party taking an appeal to prosecute the appeal, or that party's dismissal of it shall not prevent any party taking a cross-appeal from prosecuting the cross-appeal.
(B) Timing. The notice of cross-appeal shall be filed no later than 10 days from the last day allowed for the filing of a notice of appeal.
(C) Parties. A cross-appellant may identify as cross-appellee any party to the circuit court action against whom relief is sought on the cross-appeal. Absent the filing of a cross-appeal, a party may not attack a judgment or order with a view either to enlarging that party's rights or of lessening the rights of that party's adversary.
(D) Contents of the Notice of Cross-Appeal. The notice of cross-appeal shall conform to RAP 5, shall contain the information identified in RAP 2(B)(1), and should contain the information identified in RAP 2(B)(2).
(E) Additional Cross-Appeal. Any party that is a party to the appeal pursuant to RAP(A)(2) who has not previously filed a notice of appeal or cross-appeal from the judgment to be reviewed may file an additional cross-appeal no later than 10 days from the filing of the notice of cross-appeal which first seeks to impact that party's rights.
(F) Payment of Fees. At the time a cross-appeal is tendered, the cross-appellant shall pay all required fees to the clerk of the court from which the cross-appeal is taken, and the cross-appeal shall not be docketed or noted as filed until such payment is made. If the party cross-appealing is a pauper and unable to pay the filing fee, a motion to proceed in forma pauperis as provided in RAP 54 shall be tendered with the notice of cross-appeal.
(G) Clerk's duty. When the notice of cross-appeal is filed, the clerk shall serve notice of its filing in accordance with RAP 2(C).

Credits

HISTORY: Adopted eff. 1-1-23
Rules App. Proc., Rule 4, KY ST RAP Rule 4
Current with amendments received through September 15, 2024. Some rules may be more current, see credits for details.
End of Document