§ CR 73.01 General provisions

Codes > Kentucky Rules of Evidence > IX Appeals > CR 73 > CR 73.01

CR 73.01 General provisions

    (1) Rules 73, 74, 75 and 76 apply to all appeals in civil actions except as otherwise provided in Rule 72, Rule 98 or in statutes creating special remedies.

    (2) All appeals shall be taken to the next higher court by filing a notice of appeal in the court from which the appeal is taken. Appeals from family courts that are established pursuant to Ky. Const. § 110 (5) (b) or Ky. Const. § 112 (6) shall be taken to the Court of Appeals. After such filing, if the appeal is from a circuit court, any party may file a motion for transfer of the case to the Supreme Court as provided in CR 74.02. A motion for discretionary review by the Supreme Court of a decision of the Court of Appeals, or by the Court of Appeals of an appellate decision of the circuit court, shall be made as provided in Rule 76.20.

    (3) Two or more persons entitled to appeal may file a joint notice of appeal, or may later join in appeal, if practicable, after filing separate notices of appeal, and they shall thereafter proceed as a single appellant.

    (4) The taking of an appeal from a final order or judgment in any action in which the trial court has denied a defense asserted under Rule 12.02 based upon (a) lack of jurisdiction over the person, or (b) improper venue, or (c) insufficiency of process, or (d) insufficiency of service of process, shall not constitute an entry of appearance in said action in any court by the appellant.