Kentucky Supreme Court Appeals

Summary

Foreclosure litigation cases in Kentucky do not have an automatic right to appeal to the Supreme Court. A motion for discretionary review is required, and a supersedeas bond can be requested to stay judgment execution while the review is pending. Filing a second notice of appeal in the trial court is not necessary when seeking discretionary review.

Full Conversation

Does a litigant have the right to appeal an onpion to the Supreme Court in Kentucky?
Hey ****! In Kentucky, not all cases have the automatic right to be appealed to the Kentucky Supreme Court. Generally, the Supreme Court has discretionary review, meaning it can choose which cases to hear. However, certain cases, such as those involving the death penalty or constitutional issues, may have direct appeal rights.
Do you have a specific type of case in mind?
Foreclosure litigation
Hey ****! Foreclosure litigation cases typically do not have an automatic right to be appealed to the Kentucky Supreme Court. You would usually need to go through the Kentucky Court of Appeals first. If you believe there's a significant legal error, you can then petition the Supreme Court for discretionary review.
Do you need any specific information or help with your case?
If I file a motion for discretionary review to the Supreme Court, can the trial court deny me posting a supersedeas bond?
Case Rating: *
In Kentucky, the trial court generally does not have the authority to deny a supersedeas bond if you are seeking a discretionary review by the Supreme Court. However, the specifics can vary based on the case details.
Would you like more information on how to proceed with your case?
Yes...
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In Kentucky, if you file a motion for discretionary review to the Supreme Court, the trial court generally should not deny you the ability to post a supersedeas bond. However, there might be specific circumstances or requirements in your case.
Would you like more detailed guidance on filing the motion for discretionary review and posting the bond?
Yes...
Case Rating: *
In Kentucky, when seeking a discretionary review in foreclosure litigation, you generally have the right to post a supersedeas bond. Here's a brief outline on how to proceed:
- File a Notice of Appeal in the trial court.
- File a Motion for Discretionary Review with the Kentucky Supreme Court.
- Request the trial court to set the bond amount.
Would you like any specific details on these steps?
I filed a notice of appeal in the trial court when I appealed to the court of appeals. Do I need to file a second notice of appeal to the trial court when filing a motion for discretionary review to the Supreme Court?
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Hey ****! You do not need to file a second notice of appeal in the trial court when filing a motion for discretionary review to the Kentucky Supreme Court. You only need to file the motion for discretionary review directly with the Supreme Court.
Do you need any further details on the process?
Do I need to file a motion to set a supersedeas bond to stay judgment execution while the motion for discretionary review is pending with the supreme court?
Case Rating: *
Hey ****! Yes, you will need to file a motion to set a supersedeas bond to stay the judgment execution while your motion for discretionary review is pending with the Supreme Court. This ensures that the judgment is not executed while the higher court reviews your case.
Would you like more detailed information on how to file this motion?
I am good.
Case Rating: *
It looks like you've got a good handle on the process, ****! If you need more detailed assistance or run into any specific issues, feel free to ask. Good luck with your case!