Ky. R. App. P. 23 (2026)

If the constitutional validity of a statute is challenged by any party as an issue in an appeal or in an original action in the appellate courts, KRS 418.075 requires service to the Attorney General of the documents initiating the appeal along with a notice specifying the challenged statute and the alleged constitutional defect.

(A) Attorney General is a Party or Representing a Party. In appeals where the Attorney General is a party or is representing a party, service of the notice of appeal, motion for discretionary review, or original action as required by these Rules of Appellate Procedure provides sufficient notice to the Attorney General under KRS 418.075.

(B) Attorney General is not a Party and is not Representing a Party.

(1) In appeals where the Attorney General is not a party and is not representing a party and the constitutional validity of a statute is at issue, before the appellant's brief is filed, the Attorney General must be served with a copy of the documents initiating the appeal (notice of appeal or motion for discretionary review) with notice specifying the challenged statute and the alleged constitutional defect.

(2) In original actions where the Attorney General is not a party and is not representing a party and the constitutional validity of a statute is at issue, the Attorney General must be served with a copy of the original action with notice specifying the challenged statute and the alleged constitutional defect.

(3) The Attorney General may file an entry of appearance within ten days of the date of the service of the notice in paragraph (B)(1) or (2). If the Attorney General does not file an entry of appearance within ten days, then no further filings or briefs shall be served on the Attorney General.

Credits

HISTORY: Adopted by Order 2026-01, eff. 4-1-26