§ CR 65.08 Interlocutory relief pending appeal from final judgment

Codes > Kentucky Rules of Evidence > VIII Provisional > CR 65 > CR 65.08

CR 65.08 Interlocutory relief pending appeal from final judgment

    (1) After an appeal is taken from a final judgment granting or denying an injunction any party may move the circuit court to grant, suspend or modify injunctive relief during the pendency of the appeal. The circuit court, in its discretion, may provide in the order ruling on the motion that the status existing immediately before the entry of the final judgment shall be maintained for a specified limited time to protect a party wishing to proceed promptly under paragraph (2) of this rule.

    (2) A party adversely affected by a ruling by the circuit court under paragraph (1) of this rule, may move the Court of Appeals for relief.

    (3) Relief shall be sought in the Court of Appeals by filing the original and four copies of a motion complying in all respects with other motions filed in the appellate court under CR 76.34. If no request was made to the trial court under paragraph (1) of this rule, the motion shall state why such request was impractical.

    (4) There shall be filed with a motion made in the Court of Appeals under this rule the original, a photocopy or a certified copy of such portion of the record or proceedings as may be necessary to a proper consideration and disposition of the motion.

    (5) Any party may file a response to the motion within ten days of the date on which the motion was served.

    (6) The motion and any responses shall be submitted to a panel of the Court for decision. No oral argument will be heard unless ordered by the Court on its own motion or on motion of a party.

    (7) If a movant will suffer irreparable injury before the Court of Appeals may hear the motion, 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.

    (8) Any order entered under this rule may fix such terms as are proper to secure the rights of the parties, including the execution of an injunction bond subject to the provisions of Rule 65.05.

    (9) A ruling granting or denying interlocutory relief under Rule 65.08 will not be reconsidered.