§ CR 76.28 Opinions

Codes > Kentucky Rules of Civil Procedure > IX Appeals > CR 76 > CR 76.28

CR 76.28 Opinions

    (1) Written Opinions.

    (a) Appellate court opinions and orders may be announced orally but shall be reduced to writing and, except for unanimous actions of the Supreme Court, shall list the names of the members concurring or dissenting and indicate the name of any member who did not participate in the decision.

    (b) Opinions and orders finally deciding a case on the merits shall include an explanation of the legal reasoning underlying the decision.

    (2) Time of Announcement.

    Unless otherwise determined by the Supreme Court, opinions of the Supreme Court will be released for publication on Thursdays. Opinions of the Court of Appeals shall be released on Fridays. However, if a Friday is a state holiday, the Court of Appeals, at the discretion of the Chief Judge may render opinions on the last working day before the holiday. The time of publication shall be 10:00 A.M. prevailing Frankfort time.

    (3) Distribution of Copies.

    Promptly after an opinion is handed down the clerk shall send a copy to the trial judge, to any intermediate court which made a decision in the case, and to each attorney in the case. Copies shall be furnished to other persons as directed by the court.

    (4) Publication.

        (a) When a motion for discretionary review under Rule 76.20 is filed with the Supreme Court, the opinion of the Court of Appeals in the case under review shall not be published until the Supreme Court rules on the motion for discretionary review or until the Court permits the motion to be withdrawn. Unless otherwise ordered by the Supreme Court, upon entry of an order denying the motion for discretionary review or granting withdrawal of the motion, the opinion of the Court of Appeals shall be published if the opinion was designated “To Be Published” by the Court of Appeals. Upon entry of an order of the Supreme Court granting a motion for discretionary review the opinion of the Court of Appeals shall not be published, unless otherwise ordered by the Supreme Court. All other opinions of the appellate courts will be published as directed by the court issuing the opinion. Every opinion shall
show on its face whether it is “To Be Published” or “Not To Be Published.”

        (b) The court rendering an opinion that is to be published shall provide a copy of it forthwith to the reporter for West Publishing Company. Except for those that are not to be published, opinions of an appellate court shall be released for publication by its clerk.

        (c) Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.

    (5) Withdrawal of Opinions.

    Parties to an appeal may not by agreement dismiss an appeal and have an opinion withdrawn after it has been issued.