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RAP 38 Oral argument

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

Baldwin's Kentucky Revised Statutes Annotated
Rules of Appellate Procedure
Article VII. Disposition of Appeal
Effective: January 1, 2023
Kentucky Rules of Appellate Procedure Rule 38
RAP 38 Oral argument
(A) When Heard. Oral arguments on the merits will be heard in cases designated by the appellate court. RAP 32 provides for the parties to include in their brief statements concerning the need for oral argument in the appeal.
(B) Procedure. In an oral argument, the appellant shall open and close. Unless otherwise directed, each side will be allowed 15 minutes. Visual aids based on the record may be used at oral argument with leave of the court.
(C) Non-Attorneys. A person who is not an attorney will be permitted to make an oral argument only with special leave of the court.
(D) Death Penalty Cases--Notice of Issues. In cases where the death penalty was imposed, appellant shall file and serve upon appellee not later than 14 days before oral argument a notice of issues that appellant intends to argue orally, with specific reference to the argument number and page numbers of each issue in appellant's brief. If appellant fails to do so without good cause, appellant's oral argument may be limited to answering questions from the Court.
(E) Supplemental Authority. In cases set for oral argument, a party shall file any motion under RAP 35 for leave to cite supplemental authority for oral argument not later than 10 days before oral argument, unless good cause is shown for a later filing.

Credits

HISTORY: Adopted eff. 1-1-23
Rules App. Proc., Rule 38, KY ST RAP Rule 38
Current with amendments received through September 15, 2024. Some rules may be more current, see credits for details.
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