Ky. R. App. P. 42 (2026)

(A) Filing Petition in U.S. Supreme Court Does Not Affect Finality. The filing in the Supreme Court of the United States of a petition for review on a writ of certiorari does not affect the finality of an opinion or final order.

(B) Procedure for Seeking and Granting Stay. An order staying execution or enforcement of an opinion or final order may be entered upon motion made pursuant to RAP 7 to the appellate court that rendered the opinion or final order for which review is sought. A stay may be granted from the date of opinion or order until the time to file certiorari expires with no petition being filed, or if a petition is timely filed, until the case before the United States Supreme Court is finally resolved, and the appellate court retains jurisdiction to render such a stay during this time period. If the stay is to act as a supersedeas, a supersedeas bond shall be required in accordance with the Rules of the Supreme Court of the United States.

Credits

HISTORY: Adopted eff. 1-1-23