Ky. R. App. P. 2 (2026)

<Text of Rule of Appellate Procedure 2 effective April 1, 2026. See, also, Rule of Appellate Procedure 2 effective until March 31, 2026.>

(A) Filing the Notice of Appeal.

(1) All appeals shall be taken by filing a notice of appeal in the court from which the appeal is taken within the time allowed by RAP 3. Appeals in civil proceedings shall be taken to the next higher court. Appeals in criminal proceedings shall be taken to the next higher court, except that an appeal from a judgment imposing a sentence of death, life imprisonment, or imprisonment for 20 years or more shall be taken directly to the Supreme Court. Appeals from family courts that are established pursuant to Ky. Const. § 110(5)(b) or Ky. Const. § 112(6) shall be taken to the Court of Appeals. After the filing of the notice of appeal, an appellee or cross-appellee may file a notice of cross-appeal as allowed by RAP 4. If the appeal is from a circuit court, any party may file a motion for transfer of the case to the Supreme Court as provided in RAP 17. A motion for discretionary review by the Supreme Court of a decision of the Court of Appeals, or by the Court of Appeals of an appellate decision of the circuit court, shall be made as provided in RAP 44.

(2) Upon timely filing of the notice of appeal from a final and appealable order on all claims in an action, all parties to the proceedings from which the appeal is taken, except those who have been dismissed in an earlier final and appealable order, shall be parties before the appellate court. Upon timely filing of the notice of appeal from a final judgment or order on less than all claims or parties as permitted by CR 54.02(1), all parties against whom that judgment or order has been made final and appealable shall be parties before the appellate court. The timely filing of a notice of appeal is jurisdictional. The failure to comply with any other rules of appellate procedure, or any order of court, does not affect the validity of the appeal, but is ground for such action as the appellate court deems appropriate as set forth in RAP 10.

(3) The failure of a party to file timely a notice of appeal, cross-appeal, or motion for discretionary review shall result in a dismissal or denial.

(4) Where a statute or another court rule grants a right of appeal to the Court of Appeals, the Kentucky Rules of Appellate Procedure shall govern the taking of the appeal, unless in conflict with the statute or other court rule.

(B) Contents of the Notice of Appeal.

(1) The notice of appeal shall: (a) specify the party or parties taking the appeal; (b) identify, including specifying the date of, the judgment, order, or part thereof appealed from; and (c) contain a certificate that a copy of the notice has been served upon counsel for all parties to the proceedings from which the appeal is taken, or, if a party is unrepresented, upon the party at the party's last known address.

(2) The notice of appeal should also: (a) attach a copy of the judgment or order appealed from to the notice of appeal; (b) identify the court to which the appeal is taken; (c) specify all parties to the proceedings from which the appeal is taken, other than the appellant, and counsel representing them; and (d) specify the date of entry of and attach a copy of any orders on post-trial motions under CR 50.02, CR 52.02, or CR 59 that tolled the running of time for filing the appeal.

(C) Clerk's Service of the Notice of Appeal.

(1) When the notice of appeal is filed, the clerk shall serve notice of its filing by delivering a copy showing the date filed, a copy of the official docket sheet, and a copy of the check receipt for the filing fee or order granting in forma pauperis status to the clerk of the appellate court and to the counsel of record of each party to the proceedings from which the appeal is taken or to the party, if unrepresented.

(2) The clerk shall note in the docket the names of the parties served, the date of service, and the means of service. The clerk's failure to serve notice does not affect the validity of the appeal.

(D) Criminal Appeals. An appeal from a judgment imposing a sentence of death, life imprisonment, or imprisonment for 20 years or more shall be taken directly to the Supreme Court.

(E) Certain Appeals Shall Not Constitute an Entry of Appearance. The taking of an appeal from a final order or judgment in any action in which the trial court has denied a defense asserted under Civil Rule 12.02 based upon (1) lack of jurisdiction over the person, (2) improper venue, (3) insufficiency of process, or (4) insufficiency of service of process, shall not constitute an entry of appearance by the appellant in any court.

(F) Joinder. Two or more persons entitled to appeal may file a joint notice of appeal and they shall thereafter proceed on appeal as a single appellant. Upon motion of parties that have filed separate timely notices of appeal, the appellate court may join the appeals, and the joined parties shall thereafter proceed on appeal as a single appellant. All parties to the joint notice of appeal, or the party's attorney, must sign the notice of appeal pursuant to RAP 11.

(G) Appeals to Be Heard Together.

(1) Court of Appeals. Upon motion of a party or upon the court's own motion, separate appeals may be joined by the Court of Appeals to be heard together by the same three-judge panel. Whether appeals shall be heard together is within the discretion of the Court of Appeals and will generally be granted only if the separate appeals are taken from the same circuit court action, involve similar parties, or involve substantially identical issues. Parties to appeals to be heard together shall be treated as separate parties and shall file separate briefs but may, upon motion, be permitted to file a combined brief or to adopt a brief filed by another party. The appellate court may in its discretion issue a single opinion or order, or multiple opinions or orders in appeals designated to be heard together.

(2) Supreme Court. Upon motion of a party or upon the court's own motion, separate appeals may be designated by the Supreme Court to be heard together, meaning the separate appeals may be heard together by combination into a single oral argument, or orally argued separately but on the same day. Whether appeals shall be heard together is within the discretion of the Supreme Court and will generally be granted only if the separate appeals are taken from the same circuit court or same Court of Appeals action, involve similar parties, or involve substantially identical or related issues. Parties to appeals to be heard together shall be treated as separate parties and shall file separate briefs but may, upon motion, be permitted to file a combined brief or to adopt a brief filed by another party. The appellate court may in its discretion issue a single opinion or order, or multiple opinions or orders in appeals designated to be heard together.

(H) Consolidated Appeals. Upon motion of a party or upon the court's own motion, separate appeals may be consolidated. When appeals are consolidated, they are consolidated for all purposes, including briefing, oral argument, and rendering an opinion. Briefing in consolidated cases is treated like briefing in joint appeals, meaning that all appellants file one joint brief and one joint reply brief addressing all the consolidated cases, and each appellee files one response brief addressing all the consolidated cases. Consolidation is within the discretion of the appellate court and will generally only be granted if the separate appeals are taken from the same circuit court action and involve identical parties. The appellate clerk shall relate the consolidated appeals, and all documents filed in the appellate court shall be noted on the docket as if filed in each of the consolidated appeals.

(I) Payment of Fees. At the time the notice of appeal is tendered, the appellant shall pay all required fees to the clerk of the court from which appeal is taken, and the notice shall not be docketed or noted as filed until such payment is made. If the appellant is a pauper and unable to pay the filing fee, a motion to proceed in forma pauperis shall be tendered with the notice of appeal as provided in RAP 54, which governs motions to proceed in forma pauperis. No filing fee is required from the Commonwealth or from a public defender representing a person as set forth in RAP 54(B).

Credits

HISTORY: Amended by Order 2026-01, eff. 4-1-26; adopted eff. 1-1-23