RAP 40 Opinions and orders--issuance and effective date
Baldwin's Kentucky Revised Statutes AnnotatedRules of Appellate ProcedureEffective: January 1, 2023
Effective: January 1, 2023
Kentucky Rules of Appellate Procedure Rule 40
RAP 40 Opinions and orders--issuance and effective date
(1) Each opinion rendered by the Supreme Court and the Court of Appeals must show on its face whether it is “To Be Published” or “Not To Be Published.” The decision as to publication will be made by the court rendering the opinion. Opinions designated “Not To Be Published” are not binding precedent. These opinions may, however, be cited as non-binding authority as permitted by RAP 41.
(2) If a motion for discretionary review of an opinion of the Court of Appeals is filed under RAP 44, the opinion may not be published until the Supreme Court has entered an order making a final disposition of that matter. If the motion for discretionary review is denied or withdrawn, whether the opinion shall be published is determined by how the Court of Appeals designated the opinion, unless the Supreme Court directs otherwise. If the motion for discretionary review is granted, the opinion of the Court of Appeals shall not be published unless expressly ordered to be published by the Supreme Court.
(1) An opinion of the Supreme Court becomes final on the 21st day after the date of its rendition unless a petition under RAP 43 has been timely filed or an extension of time has been granted for that purpose. An opinion of the Court of Appeals becomes final on the 31st day after the date of its rendition unless a petition under RAP 43 or a motion for discretionary review under RAP 44 has been timely filed or an extension of time has been granted for one of those purposes.
(2) The filing of a timely motion for discretionary review under RAP 44 suspends finality of the opinion for which review is sought. An order denying the motion or permitting its withdrawal reinstates the opinion of the lower court. If the motion for review is granted, the opinion of the court finally disposing of the matter supersedes all lower court opinions arising from the appeal.
(b) if it is in the Supreme Court and is granted and a new or revised opinion is rendered, the new or revised opinion becomes final on the 21st day after the date of its rendition unless otherwise ordered, or unless a further petition under RAP 43 has been timely filed or an extension of time has been granted for that purpose;
(d) if it is in the Court of Appeals and is granted, and a new or revised opinion is rendered, the new or revised opinion becomes final on the 31st day after the date of its rendition unless otherwise ordered, or unless a further petition under RAP 43 or a motion for discretionary review under RAP 44 has been timely filed or an extension of time has been granted for one of those purposes.
(4) Unless otherwise ordered, in no event shall an opinion become final pending final disposition of a timely petition under RAP 43 or a timely motion for discretionary review under RAP 44; and in every case it shall become final when no such motion or petition has been filed within the time allowed for that purpose.
(5) When an opinion has become final or when a dispositive order has been issued, the clerk of the appellate court that rendered it shall forthwith send it to the clerk of the trial court and, if the opinion results from a review of the decision of another appellate court, to the clerk of that court also, a copy of the opinion with an endorsement stamped thereon showing the date upon which it became final, whereupon the clerk of the trial court shall forthwith file the opinion as enclosed in the original record and note the filing on the proper docket. In the event a final opinion directs that an administrative agency, board, or commission conduct further proceedings with respect to such action, the clerk of the trial court shall forthwith remand the action to the administrative agency, board, or commission before which said action originated without further order of the trial court.
(I) Clerical Corrections. The Supreme Court may, on the court's own motion, make clerical corrections to an opinion or opinion and order that do not change its substance until the opinion or opinion and order becomes final. The Court of Appeals may, on the court's own motion, make clerical corrections to an opinion, opinion and order, or order that do not change its substance until the 31st day after the opinion, opinion and order, or order is rendered, unless a petition for rehearing or motion for reconsideration has been filed. Clerical corrections under this rule do not affect the finality of the opinion, order, or opinion and order, and do not affect the deadlines for filing a petition for rehearing or reconsideration under RAP 43 or a motion for discretionary review under RAP 44.
Credits
HISTORY: Adopted eff. 1-1-23
Rules App. Proc., Rule 40, KY ST RAP Rule 40
Current with amendments received through September 15, 2024. Some rules may be more current, see credits for details.
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