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CR 76.34 Motions

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 76.34
CR 76.34 Motions
(1) Applicability of Other Rules.
Rules 5.01, 5.02, 5.03, 5.05, 6.04, 6.05 and 7.02 shall apply to all motions other than motions for transfer to the Supreme Court and motions for discretionary review, except that the movant shall not specify a time for hearing in the motion or notice unless the time has been set as provided by paragraph (4) of this Rule 76.34.
(2) Response.
The opposing party may file a response, accompanied by a certificate of service, within 10 days after the date the motion was served or within the time otherwise designated by the court.
(3) Number of Copies.
Five (5) copies of motions and responses in the Court of Appeals shall be filed. Except as otherwise required by Rule 65.09(1), Rule 74.02(1), Rule 76.20(6) and Rule 76.37(11), five (5) copies of motions and responses in the Supreme Court shall be filed, unless the Court directs otherwise.
(4) Hearing and Disposition.
(a) Except for motions that call for final disposition of an appeal or original action in the appellate court, any member of the court designated by the Chief Justice or Chief Judge may hear and dispose of any motion; and
(b) Any intermediate order of a procedural nature pending final disposition of a proceeding pending in an appellate court may be issued on the signature of any judge of that court.
(5) Oral Arguments.
No motion will be heard on oral argument except by prearrangement with an authorized representative of the appellate court or with the judge to whom the motion is addressed or has been assigned.
(6) Motion to Dismiss Appeal or Cross-Appeal.
(a) In addition to any other relief provided by these Rules, an adversary party may move to dismiss an appeal or cross-appeal because it is not within the jurisdiction of the appellate court or because it has not been prosecuted in conformity with the Rules; and
(b) Timely filing of a motion to dismiss shall suspend the running of time for procedural steps otherwise required with regard to the appeal and any cross-appeal in the same proceeding, and the time will continue to run as provided by Rule 76.12(2) after the date an order is entered denying the motion or passing it to the merits.


HISTORY: Amended by Order 93-1, eff. 9-1-93; prior amendments eff. 8-28-89, 1-1-85, 7-1-79; adopted eff. 1-1-78
Rules Civ. Proc., Rule 76.34, KY ST RCP Rule 76.34
Current with amendments received through April 15, 2022. Some sections may be more current, see credits for details.
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