Ky. R. App. Prac. RAP 30

As amended through October 28, 2024
Rule RAP 30 - Time for Filing and Serving Briefs
(A)When Required. Unless otherwise directed by the appellate court or these rules, before any appeal is taken under submission for final disposition on the merits, briefs shall be filed by the respective parties. No briefs other than those listed below or amicus curiae briefs pursuant to RAP 34 will be considered except on order of the court. Should the appellant or appellants fail to file a brief, no brief shall be required of the appellees unless so ordered by the court.
(B)Service. Before or concurrent with filing any brief in the appellate court, a party shall serve a copy on each party to the appeal and on the judge whose decision is under review. The brief may be served electronically on the trial judge and on any party who consents to electronic service. In criminal cases, both the defendant and the attorney general also shall serve copies of their briefs on the Commonwealth's attorney of the district in which the case was tried. Service shall comply with RAP 5.
(C)Civil Cases.
(1)Non-expedited Civil Case with No Cross-Appeal
(a) An appellant shall file an initial brief with the clerk of the appellate court no later than 60 days after the date of the notation on the docket of the notice of certification required by RAP 26(B)(5). When the Supreme Court has granted a motion for discretionary review, the movant becomes an appellant whose brief shall be filed no later than 60 days from the date of entry of the order granting review.
(b) Appellee's response brief shall be filed no later than 60 days after the date on which the appellant's initial brief is filed.
(c) Appellant's reply brief may be filed no later than 15 days after the date on which the last appellee's response brief is filed. If the appellant's reply brief is responsive to more than one appellee's response brief, the reply brief must be filed no later than 15 days after the date on which the last appellee's response brief was due.
(2)Cross-Appeals.
(a) If a cross-appeal has been filed in a civil case, then the appellant's initial brief shall be filed within the time set forth in paragraph (C)(1)(a) above.
(b) The appellee's response brief shall be combined with its initial brief as a cross-appellant, and the combined brief shall be filed no later than 60 days after the date on which the appellant's brief is filed.
(c) The appellant's reply brief shall be combined with its response brief as cross-appellee, and the combined brief may be filed no later than 60 days after the last appellee's brief is filed or due to be filed.
(d) The cross-appellant's reply brief may be filed no later than 15 days after the date on which the cross-appellee's response brief is filed or due to be filed.
(D)Criminal Cases.
(1) If counsel for the appellant is someone other than the Public Advocate or the Attorney General, the time in which the briefs shall be filed is the same as in section (C)(1) above.
(2) If counsel for the appellant is the Public Advocate, the Attorney General, or a designee of either, the appellant's brief must be filed no later than 60 days from the date on which the record on appeal was made available by the clerk of the appellate court (notice of which shall be sent). The time in which response and reply briefs shall be filed is the same as in non-expedited civil cases, section (C)(1) above.
(3) When the Supreme Court has granted a motion for discretionary review in a criminal case, the movant becomes an appellant, and briefs are due as set forth in section (C)(1) above.
(E)Expedited Appeals. Civil appeals from circuit court orders determining adoption, termination of parental rights, paternity, dependency, abuse, neglect, domestic violence, or juvenile status offense and from orders granting or denying class action certification under CR 23.06 are expedited. In addition, certain criminal appeals are or may be expedited.
(1) Unless otherwise directed by court order, an appellant shall file a brief with the clerk of the appellate court no later than 30 days after the date of the notation on the docket of the notification required by RAP 26(B)(5). The appellee's response brief shall be filed within 30 days after the date of filing of the appellant's brief. An appellant may file a reply brief within 10 days after the date of filing of the appellee's brief.
(2) If a cross-appeal has been filed in an expedited appeal, unless otherwise directed by court order, the appellant shall file a brief with the clerk of the appellate court no later than 30 days after the date of the notation on the docket of the notice of certification required by RAP 26(B)(5). The appellee's response brief shall be combined with its initial brief as a cross-appellant, and the combined brief shall be filed no later than 30 days after the date on which the appellant's brief is filed. The appellant's reply brief shall be combined with its response brief as cross-appellee, and the combined brief may be filed no later than 30 days after the last appellee's brief is filed or due to be filed. The cross-appellant's reply brief may be filed no later than 10 days after the date on which the cross-appellee's response brief is filed or due to be filed.
(3) Motions for extension of time will not be considered except under extraordinary circumstances.

Ky. R. App. Prac. RAP 30

Adopted by order 2022-49, eff. 1/1/2023.