CR 76.42 Costs
Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil ProcedureEffective: March 1, 2020
Effective: March 1, 2020
Kentucky Rules of Civil Procedure (CR) Rule 76.42
CR 76.42 Costs
(1) Costs taxable.
Except for a filing fee, no costs shall be taxed in proceedings in the Supreme Court and Court of Appeals unless depositions are taken in an original action as authorized by Rule 76.36(5), in which event the reporter's fees for taking and transcribing the depositions shall be charged to the unsuccessful party.
(2) Filing fees.
Appeal, cross appeal or certification of law
Appeals or cross appeals from Circuit Court, Family Division, to the Court of Appeals, from orders determining:
Dependency, neglect or abuse
Juvenile status offense
Motion for transfer
Motion or cross-motion for discretionary review
Petition for rehearing, modification or extension of opinion
Motion for leave to file amicus curiae brief
Motion for extension of time for certification of record, for intermediate relief, or for dismissal of an adversary party's appeal, if the filing fee has not been paid theretofore
Motion for relief under Rules 65.07 or 65.09
Motion for reconsideration of a final order or “Opinion and Order” under Rule 76.38
Petition or cross-petition for review of a decision by the Workers' Compensation Board
(b) If prior to its perfection an appeal has been docketed for purposes of a motion for extension of time for certification of the record on appeal, for intermediate relief, or for dismissal of an adversary party's appeal, no further filing fee shall be required in order to perfect or make any other motion pertaining to that appeal during its pendency. No filing fee shall be payable in a criminal proceeding in which the appellant or appellants are represented by the Public Defender. No filing fee shall be payable by the Commonwealth, but in civil actions it shall be liable for reimbursement of costs as provided by paragraph (3) of this Rule to the same extent as any other unsuccessful party. Judicial officers of the Court of Justice who are litigants in their official capacities shall not be liable for reimbursement or for the payment of filing fees except as may be required by the Supreme Court in actions arising under Rule 4 (Judicial Retirement and Removal Commission).
Forthwith upon the final disposition of any action in an appellate court, the clerk shall send the parties a statement of what portion, if any, of the filing fee or fees mentioned in paragraph (2) of this Rule 76.42 shall be reimbursed by one party to the other, to the end that the costs of each appeal or original action shall be borne by the unsuccessful party or parties. Liability for reimbursement of costs may be enforced on motion without necessity of an independent proceeding.
HISTORY: Amended by Order 2008-01, eff. 7-1-08; prior amendments eff. 1-1-07 (Order 2006-09), 1-1-97 (Order 96-1), 9-1-93, 1-1-90, 5-4-88, 1-15-88, 1-1-88, 10-1-82, 7-1-81, 12-31-80, 3-1-78; adopted eff. 1-1-78
Rules Civ. Proc., Rule 76.42, KY ST RCP Rule 76.42
Current with amendments received through September 15, 2021.
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