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CR 77.04 Notice of entry of judgments and order

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

Baldwin's Kentucky Revised Statutes Annotated
Rules of Civil Procedure
X Courts and Clerks
CR 77. Courts and Clerks
Effective: January 1, 2023
Kentucky Rules of Civil Procedure (CR) Rule 77.04
CR 77.04 Notice of entry of judgments and order
(1) Immediately upon the entry in the trial court of a judgment, a final order, an order which affects the running of time for taking an appeal, or an order which by its terms is required to be served, the clerk shall serve a notice of the entry by mail in the manner provided in Rule 5 upon every party who is not in default for failure to appear. Service of notice of entry of any judgment or order under this rule may be waived by the filing of a writing signed by the party or his attorney of record.
(2) The clerk shall make a note in the case docket of the service required in paragraph (1) of this rule and the notation shall show the date of service. The date of the notation on the docket of the service of notice of entry, or the date of filing a waiver if prior thereto, shall be the date of entry for the purpose of fixing the running of the time for appeal under RAP 3.
(3) The trial court shall require in the order, service of notice of entry of all orders made under Rules 6.03(2), 12.01, 12.05, 43.04, 50.02, 52.02, 54.02, 59, 62.01, 62.04, and RAP 20 and all orders heard ex parte, or any other order it deems advisable.
(4) Failure of the trial court to require service of notice of entry of any judgment or order under this rule or the failure of the clerk to serve such notice, or the failure of a party to receive notice, shall not affect the validity of the judgment or order, and does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted in RAP 3.

Credits

HISTORY: Amended eff. 1-1-23; prior amendments eff. 1-1-78; 7-1-76, 4-1-63, 6-1-60; adopted eff. 7-1-53
Rules Civ. Proc., Rule 77.04, KY ST RCP Rule 77.04
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
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