Ky. R. App. P. 7 (2026)

<Text of Rule of Appellate Procedure 7 effective April 1, 2026. See, also, Rule of Appellate Procedure 7 effective until March 31, 2026.>

(A) In General. An application to the court for an order or other relief shall be by motion which shall be made in writing, comply with RAP 5, state with particularity the grounds therefor, and set forth the relief or order sought.

(B) Redactions. CR 7.03 applies to all actions prosecuted under these rules. Initials or a descriptive term must be used instead of a name in cases involving juveniles, allegations of abuse and neglect, termination of parental rights, mental health, and appeals arising from judgments granting expungement.

(C) Response. An opposing party may file a response no later than 10 days from the date a motion was filed or within the time otherwise designated by the court.

(D) Number of Copies. Five copies (1 unbound and 4 bound) of motions and responses shall be filed in the Court of Appeals. Except as otherwise directed by RAP 43 through 46, 5 copies (1 unbound and 4 bound) of motions and responses shall be filed in the Supreme Court, unless the Court directs otherwise.

(E) Hearing and Disposition. Except for motions that call for final disposition of an appeal or original action in the appellate court, any member of the court designated by the Chief Justice or Chief Judge may hear and dispose of any motion.

(F) Oral Arguments. No motion will be heard on oral argument except by order of the court.

(G) Motion to Dismiss Appeal or Cross-Appeal.

(1) In addition to any other relief provided by these rules, an adversary party may move to dismiss an appeal or cross-appeal because it is not within the jurisdiction of the appellate court or because it has not been prosecuted in conformity with these rules.

(2) An appellant may move to voluntarily dismiss its own appeal or cross-appeal subject to the following requirements.

(a) Criminal Cases. A sworn affidavit from the appellant authorizing the filing of the motion to dismiss must be attached to a motion to dismiss a criminal appeal filed by an attorney for an appellant in a criminal case.

(b) Termination of Parental Rights Cases. A motion to dismiss a termination of parental rights appeal or cross-appeal filed by an attorney for the movant must be served on the movant at the movant's last known address, and such service must be certified to the appellate court.

(c) Cross-Appeals. An appellant's voluntary dismissal of an appeal under RAP 7(G)(2) shall not affect any related cross-appeals, which shall remain on the appellate court's active docket. A cross-appellant's voluntary dismissal of a cross-appeal under RAP 7(G)(2) shall not affect any related appeals, which shall remain on the appellate court's active docket.

(3) The filing of a motion to dismiss under RAP 7(G) shall suspend the running of time for procedural steps otherwise required with regard to the appeal and any cross-appeal in the same proceeding. The time will continue to run as otherwise provided by these rules after the date an order is entered denying the motion or passing it to the merits.

Credits

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