How to Appeal a Court’s Decision in Kentucky?
As the name implies, the notice of appeal for a court case in Kentucky informs all parties that an appeal has been filed regarding a circuit court case.
Notice of Appeal
You have thirty days from the date of record for your final ruling to file an appeal with the appellate court. You must pay a $150 fee at the time of filing. You can file in the Clerks office of the court your original case was tried in. You must include the following information in your notice of appeal:
- Names, addresses and contact information for all parties involved.
- Designation of judgment (the final ruling on your case which you want to be reviewed).
For some civil cases, a pre-hearing conference may be ordered to bring all the parties together to resolve without the need for a full appeal.
Record on Appeal
The Record on Appeal is a complete record of all transcripts, paperwork, and documents being reviewed during the appeals process. It is the appellant’s responsibility to make sure all appropriate paperwork is included in this file. The Clerk of the appellate court will assemble and disseminate the final file.
Your initial brief must be prepared and submitted within sixty days of the recorded date of your notice of appeal. The appellee has another sixty days to file theirs, and you then have an additional fifteen days to submit your reply brief. There are stringent guidelines for formatting and contents, make sure you stick to the rules when preparing your brief.
The brief is essential in Kansas because only about twenty percent of cases are allowed to present oral arguments.
A panel of three judges will review the briefs, oral arguments (if presented) and all other documentation to make their final decision. Only two of the three judges need to agree for there to be a final ruling.
If either party is not happy with the decision, they can further petition the court to review the case again or to take it further to the Supreme Court.