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Rule 16. Appeals from district court

Baldwin's Kentucky Revised Statutes Annotated53rd Judicial Circuit - Anderson, Shelby and Spencer Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
53rd Judicial Circuit - Anderson, Shelby and Spencer Circuit Courts
KY RASS Rule 16
Rule 16. Appeals from district court
A. Upon the filing of a proper notice of appeal in the District Court and the payment of costs as may be required by the Civil Rules, the Clerk shall forward the entire original record as described in CR 72 .04 to the Clerk of the Circuit Court.
B. Upon receipt of the record from the District Court, the Circuit Clerk shall assign the case to a division in the same manner as done with other civil and criminal cases.
C. If the appeal is not perfected by the filing of a statement of appeal as provided by CR 72 .06 within 30 days from the date of filing the first notice of appeal as provided by CR 72.08, and no motion for extension of time is filed within 10 days after that, and no notice of cross-appeal has been filed as provided by CR 74, the Clerk will prepare an order of dismissal and remand, attach same to the record and place the record and order in the box of the Judge.
D. If the statement of appeal is timely filed and no counter- statement is filed pursuant to CR 72 .12 within 30 days thereafter, and no motion for extension of time is filed within 10 days after that, the Clerk will prepare an order of submission, attach same to the record and place the record and order in the box of the Judge.
E. When a counter statement is filed by an appellee or cross-appellant, whether or not a statement of appeal has been filed, the Clerk will prepare an order of submission, attach same to the record and place the record and order in the box of the Judge.
F. All orders of dismissal, submission and opinions and orders affirming or reversing the District Court will be served upon all parties or their attorneys and the trial Court Judge. All orders which make final disposition of an appeal will provide for the payment of costs and remand the case to the District Court. The Clerk will comply with CR 77.04(2) and if no motion for discretionary review is filed pursuant to CR 76 .20 within 30 days thereafter the record will be returned to District Court.
G. All agreed orders deciding or affecting the issues on appeal must clearly state either (a) that the appeal is dismissed and the case remanded to the District Court for specific action or judgment or (b) that certain specified issues remain to be decided. The parties may not agree that the appeal be stayed pending the happening of some event and such relief may only be obtained upon motion and order of the Court.

Credits

HISTORY: Amended effective March 28, 2018. Prior amendments effective January 14, 2008.
Anderson, Shelby and Spencer Circuit Court Rule 16, KY R ANDERSON CIR CT Rule 16
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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