Kentucky Statutes 120.075 – Appeal to Court of Appeals from judgment in primary contest
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(1) Any party may appeal to the Court of Appeals from a judgment entered under KRS
120.065. The appeal shall be in accordance with the Rules of Civil Procedure, except that the notice of appeal shall be filed and a supersedeas bond executed in the Circuit Court, and the record shall be filed in the Court of Appeals, within ten (10) days after the entry of the judgment, or within such other time as the Court of Appeals may, for cause shown, permit. The entire original record shall be filed and no designation of record shall be required.
(2) Upon the filing of the record, the clerk of the Court of Appeals shall immediately deliver it to the chief judge.
(3) The Court of Appeals in its discretion may issue its mandate forthwith after rendering its decision, but it shall be without prejudice to the right of the losing party to file a petition for rehearing or the power of the court to recall the mandate should the petition be sustained.
(4) If the judgment is reversed and the case remanded for trial or further action, the proceedings shall continue in the Circuit Court in like manner as when originally filed, beginning ten (10) days after the filing of the mandate with notice to the adverse party.
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 134. — Amended 1976
Ky. Acts ch. 62, sec. 88. — Created 1974 Ky. Acts ch. 130, sec. 160.
120.065. The appeal shall be in accordance with the Rules of Civil Procedure, except that the notice of appeal shall be filed and a supersedeas bond executed in the Circuit Court, and the record shall be filed in the Court of Appeals, within ten (10) days after the entry of the judgment, or within such other time as the Court of Appeals may, for cause shown, permit. The entire original record shall be filed and no designation of record shall be required.
Terms Used In Kentucky Statutes 120.075
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) Upon the filing of the record, the clerk of the Court of Appeals shall immediately deliver it to the chief judge.
(3) The Court of Appeals in its discretion may issue its mandate forthwith after rendering its decision, but it shall be without prejudice to the right of the losing party to file a petition for rehearing or the power of the court to recall the mandate should the petition be sustained.
(4) If the judgment is reversed and the case remanded for trial or further action, the proceedings shall continue in the Circuit Court in like manner as when originally filed, beginning ten (10) days after the filing of the mandate with notice to the adverse party.
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 134. — Amended 1976
Ky. Acts ch. 62, sec. 88. — Created 1974 Ky. Acts ch. 130, sec. 160.