Appealing Denied Motions Kentucky

Summary

In Kentucky, you can appeal a denied motion by filing a Notice of Appeal to a higher court. Drafting this notice requires listing specific rulings you wish to appeal. Including an affidavit with a Motion for Reconsideration of Emergency Custody is beneficial, though not mandatory. To proceed in forma pauperis, demonstrate financial hardship through an affidavit. Family court judges have discretion in requiring bonds for filing motions. To appeal prior orders related to recent rulings, include a request in your Notice of Appeal, even if outside the 30-day window. Consult a lawyer to ensure compliance with procedural requirements.

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Draft a Notice of Appeal as required in Kentucky for appealing * rulings by the McCracken County Family Court:  *. the Court's Order entered */*/* requiring the Petitioner to pay a $* bond with each motion filed after that date *. the Court's Denial (entered */*/*) of the Petitioner's Motion for Declaratory Relief Re: * KAR Definition of Parent *. the Court's Denial (entered */*/*) of Petitioner's Motion for Leave to Serve Interrogatories on Third Parties *. the Court's Denial (stated verbally on */*/* and presumably entered */*/*) of Petitioner's verbal Motion (on */*/*) to continue a hearing in order to subpoena a witness (a deputy) *.  the Court's Denial (verbally on of Petitioner's Motion for Reconsideration of Custody Modification (filed */*/*) *. the Court's Denial (stated */*/* and presumably entered */*/*) of Petitioner's Motion for Rule Re: Contempt of Court (filed */*/*)
To draft a Notice of Appeal for the Kentucky Court of Appeals, you can follow this template. Please make sure to fill in any specific details that are pertinent to your case.
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COMMONWEALTH OF KENTUCKY
COURT OF APPEALS
CASE NO. [Your Case Number]
[Your Full Name],
Petitioner/Appellant,
v.
[Respondent's Full Name],
Respondent/Appellee.
NOTICE OF APPEAL
Notice is hereby given that the Petitioner/Appellant, [Your Full Name], hereby appeals to the Kentucky Court of Appeals from the following orders entered by the McCracken County Family Court:
*. The Order entered on February *, *, requiring the Petitioner to pay a $* bond with each motion filed after that date.
*. The Denial entered on February *, *, of the Petitioner's Motion for Declaratory Relief regarding the * KAR Definition of Parent.
*. The Denial entered on February *, *, of Petitioner's Motion for Leave to Serve Interrogatories on Third Parties.
*. The Denial stated verbally on March *, *, and presumably entered on March *, *, of Petitioner's verbal Motion to continue a hearing in order to subpoena a witness (a deputy).
*. The Denial verbally stated on March *, *, of Petitioner's Motion for Reconsideration of Custody Modification filed on March *, *.
*. The Denial stated on March *, *, and presumably entered on March *, *, of Petitioner's Motion for Rule Re: Contempt of Court filed on January *, *.
Respectfully submitted,
[Your Full Name]
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
[Your Email Address]
---
Make sure to sign and date the document before submitting it to the court. You may also need to serve a copy of this notice to the opposing party. It's advisable to consult with a lawyer to ensure all procedural requirements are met.
In Kentucky, does a Motion for Reconsideration of Emergency Custody require an affidavit? The initial motion for Emergency custody was verified (notarized).
In Kentucky, while there is no explicit requirement for an affidavit with a Motion for Reconsideration of Emergency Custody, it is often beneficial to include one. An affidavit can provide supporting evidence and reinforce the urgency and necessity of your request.
Do you need any specific guidance on how to draft the affidavit?
In kentucky, McCracken County, is there specific criteria used to determine if a litigant may proceed in forma pauperis?
Case Rating: *
Generally, to proceed in forma pauperis in McCracken County, Kentucky, you must demonstrate financial hardship. This involves submitting an affidavit detailing your income, expenses, assets, and liabilities. The court reviews this information to determine if you qualify.
Would you like guidance on how to draft the affidavit?
in Kentucky, how much discretion to family court judges have to require a litigant to pay a bond in order to file a motion?
Case Rating: *
In Kentucky, family court judges generally have broad discretion in requiring litigants to pay a bond to file a motion. This discretion is exercised to manage court resources effectively and ensure serious consideration of motions. The specific criteria and amount may vary, depending on the case's circumstances.
Would you need more information on how to challenge or comply with such a requirement?
in Kentucky, how should I state (in a Notice of appeal to the Court of Appeals that states the specific family court rulings I want to appeal) that in addition, I would like to ask the court of appeals to consider allowing me to appeal two prior court orders that are closely related to rulings made within the *-day window?
Case Rating: *
To include in your Notice of Appeal a request for the Kentucky Court of Appeals to consider allowing you to appeal two prior court orders closely related to rulings made within the *-day window, you can add the following paragraph:
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COMMONWEALTH OF KENTUCKY
COURT OF APPEALS
CASE NO. [Your Case Number]
[Your Full Name],
Petitioner/Appellant,
v.
[Respondent's Full Name],
Respondent/Appellee.
NOTICE OF APPEAL
Notice is hereby given that the Petitioner/Appellant, [Your Full Name], hereby appeals to the Kentucky Court of Appeals from the following orders entered by the McCracken County Family Court:
*. The Order entered on February *, *, requiring the Petitioner to pay a $* bond with each motion filed after that date.
*. The Denial entered on February *, *, of the Petitioner's Motion for Declaratory Relief regarding the * KAR Definition of Parent.
*. The Denial entered on February *, *, of Petitioner's Motion for Leave to Serve Interrogatories on Third Parties.
*. The Denial stated verbally on March *, *, and presumably entered on March *, *, of Petitioner's verbal Motion to continue a hearing in order to subpoena a witness (a deputy).
*. The Denial verbally stated on March *, *, of Petitioner's Motion for Reconsideration of Custody Modification filed on March *, *.
*. The Denial stated on March *, *, and presumably entered on March *, *, of Petitioner's Motion for Rule Re: Contempt of Court filed on January *, *.
In addition, the Petitioner/Appellant respectfully requests that the Court of Appeals consider allowing an appeal of two prior orders that are closely related to the aforementioned rulings and are within the *-day window:
[Details of the two prior orders]
Respectfully submitted,
[Your Full Name]
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
[Your Email Address]
---
Make sure to sign and date the document before submitting it to the court.
undo the last request and please advise how to state (in a Notice of appeal to the Court of Appeals that states the specific family court rulings I want to appeal) that in addition, I would like to ask the court of appeals to consider allowing me to appeal two prior court orders that are closely related to aforementioned rulings but would not be noticed within the *-day window?
Case Rating: *
To include in your Notice of Appeal a request for the Kentucky Court of Appeals to consider allowing you to appeal two prior court orders closely related to the rulings made within the *-day window, you can add the following paragraph:
---
COMMONWEALTH OF KENTUCKY
COURT OF APPEALS
CASE NO. [Your Case Number]
[Your Full Name],
Petitioner/Appellant,
v.
[Respondent's Full Name],
Respondent/Appellee.
NOTICE OF APPEAL
Notice is hereby given that the Petitioner/Appellant, [Your Full Name], hereby appeals to the Kentucky Court of Appeals from the following orders entered by the McCracken County Family Court:
*. The Order entered on February *, *, requiring the Petitioner to pay a $* bond with each motion filed after that date.
*. The Denial entered on February *, *, of the Petitioner's Motion for Declaratory Relief regarding the * KAR Definition of Parent.
*. The Denial entered on February *, *, of Petitioner's Motion for Leave to Serve Interrogatories on Third Parties.
*. The Denial stated verbally on March *, *, and presumably entered on March *, *, of Petitioner's verbal Motion to continue a hearing in order to subpoena a witness (a deputy).
*. The Denial verbally stated on March *, *, of Petitioner's Motion for Reconsideration of Custody Modification filed on March *, *.
*. The Denial stated on March *, *, and presumably entered on March *, *, of Petitioner's Motion for Rule Re: Contempt of Court filed on January *, *.
In addition, the Petitioner/Appellant respectfully requests that the Court of Appeals consider allowing an appeal of two prior orders closely related to the aforementioned rulings but not noticed within the *-day window:
[Details of the two prior orders]
Respectfully submitted,
[Your Full Name]
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
[Your Email Address]
---
Make sure to sign and date the document before submitting it to the court. You should also serve a copy of this notice to the opposing party. Consulting with a lawyer to ensure all procedural requirements are met is advisable.
in kentucky, what are the timelines in filing and arguing and civil court appeal, specifically i need to know at what point/stage i need to indicate and request that specific records be included in the Court Of Appeals' consideration.
Case Rating: *
In Kentucky, the timelines for civil court appeals and indicating/requesting records are:
- Notice of Appeal: Must be filed within 30 days of the entry of the judgment.
- Record on Appeal: After filing the Notice of Appeal, you must request the designated record within 10 days.
- Briefs: Appellant’s brief is due 60 days after the record is filed; Appellee’s brief is due 30 days after that.
Would you like more detailed guidance on any of these steps?
please add a section at the appropriate place that makes a prompt motion to continue, delay, pause or toll the appeal to await the family court's ruling on * pending motions
Case Rating: *
Sure, you can add a section to your Notice of Appeal requesting to continue, delay, pause, or toll the appeal to await the Family Court's ruling on the * pending motions. Here’s how you can incorporate that:
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COMMONWEALTH OF KENTUCKY
COURT OF APPEALS
CASE NO. [Your Case Number]
[Your Full Name],
Petitioner/Appellant,
v.
[Respondent's Full Name],
Respondent/Appellee.
NOTICE OF APPEAL
Notice is hereby given that the Petitioner/Appellant, [Your Full Name], hereby appeals to the Kentucky Court of Appeals from the following orders entered by the McCracken County Family Court:
*. The Order entered on February *, *, requiring the Petitioner to pay a $* bond with each motion filed after that date.
*. The Denial entered on February *, *, of the Petitioner's Motion for Declaratory Relief regarding the * KAR Definition of Parent.
*. The Denial entered on February *, *, of Petitioner's Motion for Leave to Serve Interrogatories on Third Parties.
*. The Denial stated verbally on March *, *, and presumably entered on March *, *, of Petitioner's verbal Motion to continue a hearing in order to subpoena a witness (a deputy).
*. The Denial verbally stated on March *, *, of Petitioner's Motion for Reconsideration of Custody Modification filed on March *, *.
*. The Denial stated on March *, *, and presumably entered on March *, *, of Petitioner's Motion for Rule Re: Contempt of Court filed on January *, *.
In addition, the Petitioner/Appellant respectfully requests that the Court of Appeals consider allowing an appeal of two prior orders closely related to the aforementioned rulings but not noticed within the *-day window:
[Details of the two prior orders]
Furthermore, the Petitioner/Appellant files a motion to continue, delay, pause, or toll this appeal to await the Family Court's ruling on the two pending motions:
*. [Details of the first pending motion]
*. [Details of the second pending motion]
Respectfully submitted,
[Your Full Name]
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
[Your Email Address]
---
Make sure to sign and date the document before submitting it to the court. You should also serve a copy of this notice to the opposing party. Consulting with a lawyer to ensure all procedural requirements are met is advisable.
in Kentucky, what are the requirements for filing a motion for clarification in civil court?
Case Rating: *
In Kentucky, to file a motion for clarification in civil court, you generally need to:
- Identify the specific order or judgment needing clarification.
- Clearly state why clarification is necessary.
- File the motion with the court that issued the original order.
- Serve the motion to all parties involved.
Is there a specific aspect of your case you need help with?
I want to ask the Kentucky family court to clarify if I am allowed to use redacted court video (blur and bleep any personally identifying information) in a documentary intended for the public in a fathers' rights capacity.
Case Rating: *
To ask the Kentucky Family Court for clarification on using redacted court video in a documentary, you should file a Motion for Clarification. Here’s a brief outline on how to proceed:
- Draft the motion, identifying the specific video and order related.
- Explain why clarification is needed and how you plan to redact personal information.
- File the motion with the Kentucky Family Court.
- Serve the motion to all involved parties.
Would you like more detailed guidance on drafting this motion?
does a Notice of Appeal in Kentucky require an affidavit?
Case Rating: *
No, a Notice of Appeal in Kentucky does not generally require an affidavit. However, it is essential to follow the specific procedural rules and requirements of the court where you are filing the appeal. Always check the local rules or consult with a lawyer to ensure compliance.
Do you need assistance with any other part of your appeal process?
what is a motion for discretionary review in a Kentucky court of appeals case?
Case Rating: *
A Motion for Discretionary Review in a Kentucky Court of Appeals case is a request for the Court of Appeals to review a decision made by a lower court. Unlike an appeal by right, the Court of Appeals has the discretion to decide whether or not to accept the case for review.
Key Points:
- Must be filed within 30 days of the lower court's decision.
- Should include reasons why the review is necessary.
- May be granted if the case involves significant legal questions or issues of public interest.
Is there a specific aspect of this process you need help with?
if i have effectuated electronic service in a kentucky civil case, can i electronically serve the other party a notice of appeal?
Case Rating: *
In Kentucky, you generally cannot electronically serve a Notice of Appeal unless the other party has agreed to electronic service or the court has specifically authorized it. Typically, a Notice of Appeal must be served following the rules of civil procedure, which may require personal service or service by mail.
Is there a specific detail in the service process you need more information on?