Kentucky Civil Appeal Prehearing Statement

State:
Kentucky
Control #:
KY-SKU-0001
Format:
PDF
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Description

Civil Appeal Prehearing Statement

A Kentucky Civil Appeal Premiering Statement is a written document that is used in the State of Kentucky to allow parties involved in an appeal to provide information about their case, such as the facts of the case, the applicable laws, and the parties’ legal arguments. Thpremieringng statement serves as an opportunity for the parties to present their positions before the appellate court hears oral arguments. There are two types of Kentucky Civil Appeal Premiering Statements: AppellantPremieringng Statement anAppealedee’s Prehearing Statement. The AppellanPremieringngng Statement is a document prepared by the party appealing the lower court’s decision. It outlines the facts of the case, the legal issues involved, the applicable law, and the legal arguments that support the appeal. The AppealedPremieringng Statement is a document prepared by the party responding to the appeal. It outlines the facts of the case, the legal issues involved, the applicable law, and the legal arguments that oppose the appeal.

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FAQ

Affirm (uphold) the lower court's judgment, Reverse the lower court's judgment entirely and remand (return) the case to the lower court for a new trial, or. Affirm in part and reverse in part the lower court's judgment and remand the case to the lower court to correct an issue (the part the appellate court reversed).

Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.

32.1. 0 ?An unpublished judicial opinion, order, judgment or other written disposition of this court may be cited regardless of the date of issuance.? 1st Cir. R. 32.1.

JudgeCourt of Appeals Some cases, like criminal case acquittals and divorces, may not be appealed. In a divorce case, however, child custody and property rights decisions may be appealed. Cases are not retried in the Court of Appeals.

(a) Unpublished opinion Except as provided in (b), an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action.

The present no-citation rule, found in Rule 76.28(4)(c) of the Rules of Civil Procedure, states: "Opinions that are not to be published shall not be cited or used as authority in any other case in any court of the state.

In particular, California courts prohibit the citation of their unpublished decisions(Cal. Rules of Court Rule 8.1115) and the federal Ninth Circuit prohibits citation of its unpublished decisions before 2007.

After a conviction, the trial court schedules a sentencing hearing. If the defendant wishes to appeal the conviction, he or she must file a Notice of Appeal within 30 days of sentencing. The record of the original trial is prepared and certified.

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Kentucky Civil Appeal Prehearing Statement