This form provides boilerplate contract clauses that define the effectiveness of any captions on the interpretation or construction of the terms of the contract agreement. Several different language options are included to suit individual needs and circumstances.
Kentucky Caption Provisions - Forms and Drafting
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JudgeCourt of Appeals Some cases, like criminal case acquittals and divorces, may not be appealed.
Rule 7 ? Pleadings allowed (b) Motions and Other Papers. (1) In General. A request for a court order must be made by motion. The motion must: (A) be in writing unless made during a hearing or trial; (B) state with particularity the grounds for seeking the order; and (C) state the relief sought.
All final judgments are appealable. You can also appeal most orders that the trial court makes after the final judgment. For example, a child custody order made after the divorce is final. In most cases, however, decisions made by the trial court before the final judgment cannot be appealed right away.
The District and Circuit Courts are the trial courts. Generally, the findings of fact they make cannot be appealed, but any disputed rulings on matters of law can be. Kentucky has two appellate courts: the Court of Appeals, which generally hears appeals first, and Supreme Court, the highest court.
Every pleading, motion and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign his pleading, motion, or other paper and state his address.
Every motion, other than the ones which may be heard ex parte, shall appear upon the motion docket, provided that any motion which is accompanied by an agreed order signed by counsel for all parties affected by the order shall not appear on the motion docket.
(1) In all civil cases appealed to the Court of Appeals, except those specified in paragraph (A)(2), each appellant and cross-appellant shall file a prehearing statement no later than 20 days from the filing of its respective notice of appeal or cross-appeal.
In almost all cases, the appellate court only looks at two things: Whether a legal mistake was made in the trial court. Whether this mistake changed the final decision (called the "judgment") in the case.
Kentucky Supreme Court When a defendant is sentenced by the circuit court to 20 years or more, life imprisonment or death, any appeal on that judgment is taken directly to the Supreme Court, bypassing the Court of Appeals.
Any party properly served with a motion accompanied by a statement of grounds and authorities shall file a response containing a statement of grounds for opposing the motion with citation of supporting authorities. Such response shall be filed at or prior to the time specified in the notice of hearing of the motion.
