§ CR 76.44 Stay pending review by United States Supreme Court

Codes > Kentucky Rules of Evidence > IX Appeals > CR 76 > CR 76.44

CR 76.44 Stay pending review by United States Supreme Court

    The taking of an appeal to the Supreme Court of the United States or the filing in that court of a petition for review on a writ of certiorari does not affect the finality of an opinion or final order. An order staying execution or enforcement of an opinion or final order may be entered upon motion under the following conditions and circumstances and for the periods designated:

    (a) When an appeal is taken to the Supreme Court of the United States by the filing of a notice of appeal with the clerk of an appellate court as required by Rule 10 of the Rules of the Supreme Court of the United States and otherwise in accordance with Part IV of the Rules of that court, a stay during the pendency of the appeal may be granted on motion by any judge of the appellate court from which the appeal is taken, and shall be granted in appeals involving a sentence of death. The stay may be conditioned upon the giving of security to be fixed and approved by the judge that the appeal will be duly perfected and prosecuted as required by the Rules of the Supreme Court of the United States, and if the stay is to act as a supersedeas, a supersedeas bond shall be required in accordance with Rule 18 of the Rules of the Supreme Court of the United States. (Supreme Court Rules may be found in 28 U.S.C.A. Rules, Supreme Court); and

    (b) When a party desires to make application for a writ of certiorari, a stay may be granted by any judge of the appellate court for such specified number of days not exceeding 90, as may reasonably be required to enable the writ to be obtained, and may be conditioned upon the giving of adequate security as specified in Title 28, Section 2101(f), U.S. Code.