§ CR 65.07 Interlocutory relief in Court of Appeals prior to final judgment

Codes > Kentucky Rules of Evidence > VIII Provisional > CR 65 > CR 65.07

CR 65.07 Interlocutory relief in Court of Appeals prior to final judgment

    (1) When a circuit court by interlocutory order has granted, denied, modified, or dissolved a temporary injunction, a party adversely affected may within 20 days after the entry thereof move the Court of Appeals for relief from such order. If the order dissolves a temporary injunction theretofore granted, the circuit court may in its discretion suspend the operation of the order for a period not exceeding 20 days to permit such party to proceed under this rule.

    (2) The original and four copies of the motion shall be filed in the office of the appellate court clerk, and the movant shall pay the filing fee required by CR 76.42(2)(a)(viii). The format of the motion shall be the same as for other motions filed in the appellate court under CR 76.34. The motion shall state clearly the procedural history of the case, the factual history of the dispute, and the grounds on which movant's claim for relief is based.

    (3) There shall be filed with the motion the original or a certified copy or photocopy of such portion of the record or proceedings as may be necessary to a proper consideration and disposition of the motion.

    4) Any respondent may file a response within ten days of the date on which the motion is served.

    (5)(a) The motion and any responses shall be submitted to a panel for decision. Oral argument will not be held unless ordered by the Court sua sponte or on the motion of a party.

        (b) The basis of affirmative relief shall be the grounds specified in Rule 65.04(1), and if such relief is granted, a bond may be required to be executed in the circuit court as provided by Rule 65.05.

    (6) If a movant will suffer irreparable injury before the motion will be considered by a panel, the movant may request emergency relief from a member of the Court which may be granted ex parte if necessary. If such relief is sought ex parte the motion shall state why it is impractical to notify opposing counsel so that they may appear, in person or by phone, before the judge to whom the request for emergency relief is presented.

    (7) A signed copy of the order entered on the motion shall be sent forthwith to the clerk of the circuit court where the action is pending, and when filed in the clerk's office shall have the same effect as an order entered by such circuit court.

    (8) A ruling granting or denying interlocutory relief under Rule 65.07 will not be reconsidered.