Kentucky Statutes 278.420 – Designation and filing of record — Cost
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(1) In any action filed against the commission because of its order in a proceeding before it, the commission shall file a certified copy of the designated record and evidence with the court in which the action is pending.
(2) Unless an agreed statement of the record is filed with the court, the filing party shall designate, within ten (10) days after an action is filed, the portions of the record necessary to determine the issues raised in the action. Within ten (10) days after the service of the designation or within ten (10) days after the court enters an order permitting any other party to intervene in the action, whichever occurs last, any other party to the action may designate additional portions for filing. The court may enlarge the ten (10) day period where cause is shown. Additionally, the court may require or permit subsequent corrections or additions to the record.
(3) The cost of preparing and certifying the record shall be taxed and paid to the commission as directed by the court upon final determination of the action. As a part of this determination, the court may tax a party for the cost of preparing portions of the record not deemed reasonably necessary to the disposition of the action. Copies of the designated record shall be furnished at cost to any party to the action.
Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 149, sec. 1, effective July 13, 1990; and ch. 354, sec. 2, effective July 13, 1990. — Amended 1982 Ky. Acts ch. 82, sec. 45, effective July 15, 1982. — Amended 1978 Ky. Acts ch. 379, sec. 49, effective April 1, 1979. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3952-48.
Legislative Research Commission Note (7/13/90). This section was amended by identical amendments in two 1990 Acts, which have been compiled together.
(2) Unless an agreed statement of the record is filed with the court, the filing party shall designate, within ten (10) days after an action is filed, the portions of the record necessary to determine the issues raised in the action. Within ten (10) days after the service of the designation or within ten (10) days after the court enters an order permitting any other party to intervene in the action, whichever occurs last, any other party to the action may designate additional portions for filing. The court may enlarge the ten (10) day period where cause is shown. Additionally, the court may require or permit subsequent corrections or additions to the record.
Terms Used In Kentucky Statutes 278.420
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(3) The cost of preparing and certifying the record shall be taxed and paid to the commission as directed by the court upon final determination of the action. As a part of this determination, the court may tax a party for the cost of preparing portions of the record not deemed reasonably necessary to the disposition of the action. Copies of the designated record shall be furnished at cost to any party to the action.
Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 149, sec. 1, effective July 13, 1990; and ch. 354, sec. 2, effective July 13, 1990. — Amended 1982 Ky. Acts ch. 82, sec. 45, effective July 15, 1982. — Amended 1978 Ky. Acts ch. 379, sec. 49, effective April 1, 1979. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3952-48.
Legislative Research Commission Note (7/13/90). This section was amended by identical amendments in two 1990 Acts, which have been compiled together.