On a motion under KRS § 454.464, or the appeal of an order granting or denying a motion under KRS § 454.464, the court shall award court costs, reasonable attorney‘s fees, and reasonable litigation expenses related to the motion:
(1) To the moving party if the moving party prevails on the motion; or

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Terms Used In Kentucky Statutes 454.478

  • 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.
  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

(2) To the responding party if the responding party prevails on the motion and the court finds that the motion was brought without good cause.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 233, sec. 10, effective July 14, 2022.