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CR 76.38 Effective date and reconsideration of orders

Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil ProcedureEffective: March 1, 2020

Baldwin's Kentucky Revised Statutes Annotated
Rules of Civil Procedure
IX Appeals
CR 76. Practice and Procedure in Court of Appeals and Supreme Court (Refs & Annos)
Effective: March 1, 2020
Kentucky Rules of Civil Procedure (CR) Rule 76.38
CR 76.38 Effective date and reconsideration of orders
(1) Effective date.
Unless otherwise directed, all orders of an appellate court, including those in original proceedings under Rule 76.36, are effective upon entry and filing with the clerk. A decision or ruling styled an “Opinion and Order” is an order.
(2) Reconsideration.
Unless otherwise provided by these Rules or ordered by the court, a party adversely affected by a decision rendered by order may within 10 days after the date of its entry move the court to reconsider it. On ex parte motion the court may suspend the effectiveness of such order pending disposition of the motion to reconsider. The timely filing of a motion to reconsider an order granting or denying a motion to dismiss shall suspend the running of time to the same extent as provided by Rule 76.34(6)(b) with respect to the filing of a motion to dismiss.
(3) Paragraph (2) of this Rule 76.38 shall not apply to orders granting or denying interlocutory relief under Rule 65.07 or Rule 65.08, to orders granting or denying transfer under Rule 74.02, to orders granting or denying discretionary review under Rule 76.20, or to orders granting or denying a petition for rehearing under Rule 76.32, which orders will not be reconsidered.
(4) Orders granting or denying reconsideration under this Rule will not be reconsidered.


HISTORY: Amended by Order 2009-01, eff. 4-1-09; prior amendments eff. 1-1-97 (Order 96-1), 9-1-93, 8-28-89, 7-1-81, 12-31-80, 7-1-79; adopted eff. 1-1-78
Rules Civ. Proc., Rule 76.38, KY ST RCP Rule 76.38
Current with amendments received through April 15, 2022. Some sections may be more current, see credits for details.
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