Ky. Admin. Office of the Courts, Circuit/District Court Clerks' Manual, ch. 43 (Forcible Entry and Detainer)

Citation: Ky. Admin. Office of the Courts, Circuit/District Court Clerks' Manual, ch. 43 (Forcible Entry and Detainer)
Jurisdiction: Kentucky (state)
Source: Official source
Original Source: https://www.kycourts.gov/Courts/County-Information/Documents/ClerksManual.pdf ↗

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4.3.12 Motion for Discretionary Review
RAP 44
If no motion for discretionary review in the Court of Appeals is filed within 30 days from
entry of opinion or order, the circuit court opinion or order is final. RAP 40(G),
44(B)(1). Quick Reference
1. Return the district court's record to district court with a copy of the circuit
court's opinion or order when the 30 day period for filing a motion for
discretionary review has expired. Retain the circuit court appellate case file
associated with the XX case in circuit court.
a. If the district court judgment is reversed and further proceedings
are ordered, the case will proceed in district court.
b. If the district court judgment is affirmed or the appeal is Disposition code
dismissed, the district court will enforce the judgment. TRF
NOTE: When a circuit appeal is remanded to district court use disposition
code TRF (transfer) in the case/charge.
If the losing party files a motion in the Court of Appeals for discretionary
review of the circuit court judgment, you will receive a copy of the motion and
the Court of Appeals decision on the motion. RAP 44(B)(1), RAP 44(H).
1. If the Court of Appeals grants the motion, follow the instructions in the
Appeals to Supreme Court/Court of Appeals subsection of Section 4 of this
manual, including the Preparation of Record on Appeal to Supreme
Court/Court of Appeals and Binding the Record. RAP 26(B)(1).
2. When the Court of Appeals decides the case and returns the original
record on appeal to you, return the district court's record to district court. RAP 27(H)(3).

45
APPLICATION FOR DECLARATION OF DEATH

5 APPLICATION FOR DECLARATION OF DEATH
KRS 422.132
District Court Process Map