Appeal Process Guidance

Summary

In Kentucky, when appealing a family court decision, you must certify the trial courts record promptly after filing a Notice of Appeal. To include records from related cases, file a motion with the Court of Appeals as soon as possible. RAP 22 applies to custody cases, requiring the record to be certified and transmitted within 60 days. File a prehearing statement within 20 days of the Notice of Appeal. For additional records, explain their relevance in your motion.

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yes, and also clarify when i must file a prehearing statement and when i muste file this motion to include records

Sure, here's some guidance on the timing and process:

Prehearing Statement:
- When to File: Typically, you must file a prehearing statement with the Kentucky Court of Appeals within 20 days after the Notice of Appeal is filed.
- Contents: The statement should include issues on appeal, jurisdictional statement, and a summary of the case.

Motion to Include Records:
- When to File: File this motion as soon as possible after the Notice of Appeal to avoid delays.
- Contents: Clearly explain the relevance of the additional records to the appeal.
Would you like more detailed guidance on drafting the motion?

please draft the motion to include records from three other cases, for reasons as follows:

Sure, here's a draft motion to include records from three other cases:
---
[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]
Clerk of the Court
Kentucky Court of Appeals
[Court's Address]
[City, State, Zip Code]
Re: [Your Case Name and Number]
Motion to Include Records from Related Cases
Dear Clerk,
I, [Your Name], am the appellant in the above-referenced case. I am writing to respectfully request that the Court of Appeals include the records from the following related cases in the appellate record:
*. [Case Name and Number *]
*. [Case Name and Number *]
*. [Case Name and Number *]

Reasons for Including Additional Records:
- Relevance to Custody Modification: The records from these cases contain critical information regarding the Family Court judge's prior rulings and actions, which directly impact the custody modification issues in my appeal.
- Demonstration of Bias: These records provide evidence of a pattern of biased actions by the Family Court judge, which is central to my argument for reconsideration and modification of custody.
- Consistency and Fairness: Including these records will ensure that the Court of Appeals has a complete and accurate understanding of the context and history of the Family Court's decisions, promoting a fair and just determination of my appeal.

Compliance with RAP *:
Given that this appeal involves custody issues, I understand that RAP * requires expedited processing. I have promptly filed this motion to ensure that the record is certified and transmitted to the Court of Appeals within the *-day timeline specified by RAP *.

Request:
I request that the Court of Appeals order the inclusion of the records from the three related cases listed above in the appellate record for my case. This will provide the Court with comprehensive information necessary for a fair and thorough review of the appeal.
Thank you for your attention to this matter.
Respectfully submitted,
[Your Signature]
[Your Name]
---

Important Timelines:
- Prehearing Statement: File within 20 days after the Notice of Appeal.
- Motion to Include Records: File as soon as possible to avoid delays.
Would you like any further assistance or clarification on this process?

Include: Appellant requests inclusion of records from * other cases, for reasons as follows: [Case *], a malpractice suit where the Appellant complained that his previous attorney in the Case at Appeal failed to protect his due process rights & failed to object to irregularities in the Family Court's proceedings which prejudiced the rulings at Appeal. [Case *] where “Parenting Coordinator” in the Family case was clearly biased by the Family court's bias. [Case *] (pending a ruling) where an attorney (who had advised the Appellant to "collaterally attack" prejudiced Family Court findings) later represented another party the Appellant/Petitioner is suing, despite the Appellant/Petitioner/Plaintiff's objection based on said attorney's conflict-of-interest. [Case * (In The Interest of Parties' son)] an emergency custody complaint where the same Family judge engaged in ex-parte ridiculing of the Appellant/Peitioner with a witness at a hearing & failed to properly "swear in" said witness.

Case Rating: *
Here's the updated motion to include records from four other cases:
---
[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]
Clerk of the Court
Kentucky Court of Appeals
[Court's Address]
[City, State, Zip Code]
Re: [Your Case Name and Number]
Motion to Include Records from Related Cases
Dear Clerk,
I, [Your Name], am the appellant in the above-referenced case. I am writing to respectfully request that the Court of Appeals include the records from the following related cases in the appellate record:
*. [Case Name and Number *]: A malpractice suit where I complained that my previous attorney in the Case at Appeal failed to protect my due process rights and failed to object to irregularities in the Family Court's proceedings, which prejudiced the rulings at Appeal.
*. [Case Name and Number *]: A case where the "Parenting Coordinator" in the family case was clearly biased due to the Family Court's bias.
*. [Case Name and Number *]: Pending a ruling where an attorney, who advised me to "collaterally attack" prejudiced Family Court findings, later represented another party I am suing, despite my objections based on said attorney's conflict of interest.
*. [Case Name and Number * (In The Interest of Parties' son)]: An emergency custody complaint where the same Family judge engaged in ex-parte ridiculing of me with a witness at a hearing and failed to properly "swear in" said witness.

Request:
I request that the Court of Appeals order the inclusion of the records from the four related cases listed above in the appellate record for my case. This will provide the Court with comprehensive information necessary for a fair and thorough review of the appeal.
Thank you for your attention to this matter.
Respectfully submitted,
[Your Signature]
[Your Name]
---
Would you like any further assistance or clarification on this process?

If I filed (at the same time I filed the notice of appeal) a Motion to Hold Appeal in Abeyance pending an upcoming hearing, how does this affect the timelines for filing my prehearing statement? (and do I file the prehearing statement with the local clerk of the court from which I am appealing? Or do I send it to the court of appeals?)

Case Rating: *
Filing a Motion to Hold Appeal in Abeyance does not automatically change the timeline for filing your prehearing statement. Typically, you should still file the prehearing statement within 20 days of filing the Notice of Appeal unless the court grants an extension.
The prehearing statement should be filed with the Clerk of the Court of Appeals.
Would you like more specific details on how to proceed with filing your prehearing statement?

yes

Case Rating: *
To proceed with filing your prehearing statement, follow these steps:
*. Deadline: File the prehearing statement within 20 days after filing the Notice of Appeal, unless an extension is granted.
*. Filing Location: Submit the prehearing statement to the Clerk of the Court of Appeals.
Would you like more detailed guidance on the contents of the prehearing statement?

Appeal Process Guidance

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