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 ↗

Related Parts of This Source

Full Text

1,196 chars

38.1 When to Issue
 When a party requests the issuance of a writ of execution, do not Issue until Quick Reference
10 days after entry of judgment unless the court orders otherwise. KRS Do not issue until
426.030. 10 days after entry
of judgment
 No execution on a judgment from another state may be issued in Kentucky
until the foreign judgment is filed in the clerk's office and 20 days have passed
and the foreign judgment has not been stayed by the Kentucky court. KRS
426.950-.975.
 Issue the writ of execution within 10 days after the expiration of a governor's
stay of a judgment in favor of the state. KRS 135.030.

38.2 Motion Attacking Judgment
If a motion attacking the judgment is filed as provided in CR 62.01, do not issue the
execution until 10 days after entry of judgment on the motion. City of Louisville v. Verst,
308 Ky. 46, 213 S.W. 2d 517 (1948).
These motions include:
• Motion for new trial;
• Motion to amend or vacate the judgment;
• Motion for judgment notwithstanding the verdict;
• Motion for amending the findings.

38.3 Exceptions to Issuance
Do not issue the writ of execution if:
 Supersedeas Bond has been given pending appeal. RAP 63(A)(1).

252
 EXECUTIONS