Home Table of Contents

RAP 20 Motion for relief from an order granting or denying an injunction

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 20
RAP 20 Motion for relief from an order granting or denying an injunction
(A) No Appellate Review of Restraining Order. There is no appellate review of a restraining order entered by a circuit court under CR 65.03.
(B) Relief Regarding Temporary Injunction. When a circuit court by interlocutory order has granted, denied, modified, or dissolved a temporary injunction, a party adversely affected may, no later than 20 days from the entry thereof, move the Court of Appeals for relief from such order. If the order dissolves a temporary injunction previously granted, the circuit court may in its discretion suspend the operation of the order for a period not exceeding 20 days to permit such party to proceed under this rule.
(1) Filing Requirements. One unbound and four bound copies of the motion for relief shall be filed in the office of the Clerk of the Court of Appeals. The movant shall pay the filing fee required by RAP 13. 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 clearly the procedural history of the case, the factual history of the dispute, and the grounds on which movant's claim for relief is based.
(2) Record. The movant shall file with the motion copies of such portions of the record as may be necessary to a proper consideration and disposition of the motion.
(3) Response. Any respondent may file five copies (1 unbound and 4 bound) of a response no later than 10 days from the date on which the motion is filed.
(4) Service. In addition to service on all other parties as required by RAP 5, the motion and all attachments, as well as any response, shall be served on the judge whose decision is under review. The date and method of service shall be certified on the motion.
(5) Submission. Upon the running of response time provided in paragraph (B)(3), the motion and any responses shall be submitted to a panel for decision. Oral argument will not be held unless ordered by the Court on its own motion or on the motion of a party.
(6) Basis for Affirmative Relief Regarding Temporary Injunction. The basis of affirmative relief from an order denying, modifying, or dissolving a temporary injunction shall be the grounds specified in CR 65.04(1), and if such relief is granted, a bond may be required to be executed in the circuit court as provided by CR 65.05.
(7) Order. A signed copy of the order entered on a motion made pursuant to section (B) of this rule shall be sent forthwith to the clerk of the circuit court where the action is pending and when filed in the circuit clerk's office shall have the same effect as an order entered by such circuit court.
(C) Relief Regarding Permanent Injunction.
(1) Relief in Circuit Court. After an appeal is taken from a final judgment granting or denying an injunction, any party may move the circuit court to grant, suspend or modify injunctive relief during the pendency of the appeal. The circuit court, in its discretion, may provide in the order ruling on the motion that the status existing immediately before the entry of the final judgment shall be maintained for a specified limited time to protect a party wishing to proceed promptly under section (C)(2) of this rule.
(2) Relief in Court of Appeals. A party adversely affected by a ruling by the circuit court under paragraph (C)(1) of this rule may move the Court of Appeals for relief.
(a) Filing Requirements. Relief shall be sought in the Court of Appeals by filing five copies (1 unbound and 4 bound) of a motion complying in all respects with other motions filed in the appellate court under RAP 7. The motion shall state clearly the procedural history of the case, the factual history of the dispute, and the grounds on which movant's claim for relief is based. If no request was made to the trial court under paragraph (C)(1) of this rule, the motion shall state why such request was impractical.
(b) Record. The movant shall file with the motion copies of such portions of the record as may be necessary to a proper consideration and disposition of the motion.
(c) Response. Any party may file five copies of a response (1 unbound and 4 bound) not later than ten days from the date on which the motion was filed.
(d) Service. In addition to service on all other parties as required by RAP 5, the motion and all attachments, as well as any response, shall be served on the judge whose decision is under review. The date and method of service shall be certified on the motion.
(e) Submission. The motion and any responses shall be submitted to a panel of the Court for decision. No oral argument will be heard unless ordered by the court on its own motion or on motion of a party.
(f) Order. Any order entered under this rule may fix such terms as are proper to secure the rights of the parties, including the execution of an injunction bond subject to the provisions of CR 65.05.
(D) Emergency Relief in Court of Appeals. If a movant will suffer irreparable injury before a motion under sections (B) or (C) of this rule will be considered by a panel of the Court of Appeals, the movant may request emergency relief by filing five copies (1 unbound and 4 bound) of a separate motion for emergency relief in the office of the Clerk of the Court of Appeals. The motion for emergency relief shall clearly set out the nature of the irreparable injury that will occur unless emergency relief is granted. The emergency request shall be assigned to a judge of the Court of Appeals in accordance with the normal practice of the Court. The judge may deny the request without response or may provide for a written response or oral response by telephone if necessary. Emergency relief shall not be granted ex parte except under the most extraordinary circumstances as shown in the motion.
(E) No Reconsideration. A ruling granting or denying interlocutory or emergency relief under sections (B), (C), or (D) of this rule will not be reconsidered.
(F) Review by Supreme Court
(1) When Authorized. Any party adversely affected by an order of the Court of Appeals in a proceeding under sections (B) or (C) of this rule may, no later than 10 days from the date on which such order was entered, move the Supreme Court to vacate or modify it. The decision whether to review such order shall be discretionary with the Supreme Court. Such a motion will be entertained only for extraordinary cause shown in the motion.
(2) Requirements. Ten copies (1 unbound and 9 bound) of the motion shall be filed with the Clerk of the Supreme Court. The movant shall pay the filing fee required by RAP 13. 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 clearly the procedural history of the case, the factual history of the dispute, and the grounds on which movant's claim for relief is based. The motion and all attachments shall be served on all other parties, the circuit court, and the Court of Appeals. The date and method of service shall be certified on the motion.
(3) Record. The movant shall attach to each copy of the motion copies of the order or orders of the Court of Appeals and all other portions of the record submitted to the Court of Appeals pursuant to paragraphs (B)(2) and (C)(2)(b) of this rule.
(4) Response. Any party may file a response to the motion within 10 days of the date on which the motion was filed, or such earlier time as directed by the Supreme Court. The response shall be filed and formatted in accordance with paragraph (F)(2) of this rule.
(5) Emergency Relief in Supreme Court. If a Court of Appeals judge has granted or denied emergency relief under paragraph (D) of this rule, any party adversely affected by that order may move the Supreme Court for relief in the same manner as provided in paragraphs (F)(1)-(3) of this rule.
(a) If the Supreme Court declines to exercise its discretion to immediately review the ruling, the motion for relief in the Court of Appeals will be assigned to a panel of that Court for decision.
(b) Unless the Supreme Court directs otherwise, any party may file a response within 10 days of the date on which a motion for emergency relief was filed.
(c) If the Supreme Court decides to exercise its discretion to immediately review the ruling, the Supreme Court review shall encompass both the emergency motion and the motion for relief under paragraph (F)(1) of this rule.
(d) Failure of a party to seek Supreme Court emergency review under section (F)(5) shall not affect the party's right to seek review under paragraph (F)(1) of a decision of a Court of Appeals panel disposing of the motion for relief under sections (B) or (C) of this rule.

Credits

HISTORY: Adopted eff. 1-1-23
Rules App. Proc., Rule 20, KY ST RAP Rule 20
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document