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CR 76.46 Preservation and disposition of records

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 76.46
CR 76.46 Preservation and disposition of records
(1) Withdrawal from custody of clerk.
Records or parts thereof shall be taken from the custody of the clerk of the appellate court only under extraordinary circumstances and upon order of the court, except that unless otherwise directed by the Supreme Court the attorney general and public defender may be permitted by the clerk of an appellate court to have temporary custody of records in criminal and quasi-criminal cases for the purpose of preparing briefs.
(2) Transmittal from Court of Appeals to Supreme Court.
Upon the granting of a motion for review by the Supreme Court the clerk of the Court of Appeals shall forward the record on appeal to the clerk of the Supreme Court, together with the briefs and all other relevant papers on file in his office.
(3) Return to trial court.
Upon final disposition of an appeal the clerk shall return the original record to the clerk of the trial court. All other records shall be retained or microfilmed. Clearly legible microfilms may be retained in lieu of hard copies. Physical exhibits may be disposed of at any time as the court directs.


HISTORY: Amended by Order 81-4, eff. 7-1-81; adopted eff. 1-1-78
Rules Civ. Proc., Rule 76.46, KY ST RCP Rule 76.46
Current with amendments received through April 15, 2022. Some sections may be more current, see credits for details.
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