§ CR 74.02 Transfer of appeal from Court of Appeals to Supreme Court

Codes > Kentucky Rules of Evidence > IX Appeals > CR 73 > CR 74.02

CR 74.02 Transfer of appeal from Court of Appeals to Supreme Court

    (1) General.

    Within 10 days after the date on which a notice of appeal to the Court of Appeals has been filed any party may serve and file a motion in the Supreme Court for transfer of the case to that Court. A copy of the notice of appeal shall accompany a motion for transfer filed in the Supreme Court. The requirements of Rule 76.20, excepting paragraphs (1), (2), (9)(a), and (9)(b), shall apply to such motions.

    (2) Considerations governing transfer.

    Such transfer is within the discretion of the Supreme Court and will be granted only upon a showing that the case is of great and immediate public importance, except that if separate appeals in a criminal case to the Supreme Court and to the Court of Appeals arise from the same trial, the Supreme Court in its discretion, on motion of the appellant whose appeal lies to the Court of Appeals, may transfer the latter appeal to the Supreme Court. The filing of a notice of appeal in a case in which a death penalty has been imposed will automatically serve to transfer the appeal to the Supreme Court.

    (3) Running of time.

    Filing of the motion shall suspend the running of time for further steps in the appeal, and the full time for such steps shall be computed from the date of the order granting or denying the transfer.

    (4) Granting of motion.

    If the motion is granted, the appeal shall be perfected and prosecuted as in the instance of appeals taken as a matter of right unless otherwise directed by the Supreme Court.

    (5) Recommendation by Court of Appeals.

    The Supreme Court may at any time, upon recommendation of the Court of Appeals, transfer to the Supreme Court any case pending before the Court of Appeals that falls within the criteria set forth in paragraph (2) of CR 74.02. The entry of a recommendation for transfer by the Court of Appeals shall suspend the running of time for any further steps in the appeal, and the full time for such steps shall be computed from the date of the order of the Supreme Court granting or denying the transfer.

    (6) Costs.

    Payment of the filing fee specified in Rule 76.42(2)(a) shall be required with the motion.