§ CR 76.30 Effective date of opinions

Codes > Kentucky Rules of Evidence > IX Appeals > CR 76 > CR 76.30

CR 76.30 Effective date of opinions

    (1) Scope of Rule.

    This Rule 76.30 applies to any final decision of an appellate court styled an “Opinion.” A decision styled an “Opinion and Order” is an order, and is governed by Rule 76.38.

    (2) Finality.

        (a) An opinion of the Supreme Court becomes final on the 21st day after the date of its rendition unless a petition under Rule 76.32 has been timely filed or an extension of time has been granted for that purpose. An opinion of the Court of Appeals becomes final on the 31st day after the date of its rendition unless a petition under Rule 76.32 or a motion for review under Rule 76.20 has been timely filed or an extension of time has been granted for one of those purposes.

        (b) In the event of a timely motion for review under Rule 76.20, the opinion becomes final immediately upon denial of the motion.

        (c) In the event of a timely petition under Rule 76.32, (i) if it is in the Supreme Court and is denied, the opinion becomes final immediately upon such denial, but if the petition is granted and a new or revised opinion is rendered, the new or revised opinion becomes final on the 21st day after the date of its rendition unless otherwise ordered, or unless a further petition under Rule 76.32 has been timely filed or an extension of time has been granted for that purpose; (ii) if it is in the Court of Appeals and is denied, the opinion becomes final on the 31st day after the date the petition was denied unless a motion for review under Rule 76.20 has been timely filed; (iii) if it is in the Court of Appeals and is granted, and a new or revised opinion rendered, the new or revised opinion becomes final on the 31st day after the date of its rendition unless otherwise ordered, or unless a further petition under Rule 76.32
or a motion for review under Rule 76.20 has been timely filed or an extension of time has been granted for one of those purposes.

        (d) Unless otherwise ordered, (i) in no event shall an opinion become final pending final disposition of a timely petition under Rule 76.32 or a timely motion for review under Rule 76.20; and (ii) in every case it shall become final when no such motion or petition has been filed within the time allowed for that purpose.

        (e) When an opinion has become final, the clerk of the appellate court that rendered it shall forthwith send to the clerk of the trial court and, if the opinion results from a review of the decision of another appellate court, to the clerk of that court also, a copy of the opinion with an endorsement stamped thereon showing the date upon which it became final, whereupon the clerk of the trial court shall forthwith file the opinion as enclosed in the original record and note the filing on the proper docket. In the event a final opinion directs that an administrative agency, board, or commission conduct further proceedings with respect to such action, the clerk of the trial court shall forthwith remand the action to the administrative agency, board, or commission before which said action originated without further order of the trial court.

        (f) No mandate shall be required to effectuate the final decision of an appellate court, whether entered by order or by opinion.