Kentucky Certification to Court of Appeals

State:
Kentucky
Control #:
KY-SKU-0277
Format:
PDF
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Description

Certification to Court of Appeals

Kentucky Certification to Court of Appeals is a process in which a party requests a court to certify a specific issue in a case to an appellate court for review. The two types of Kentucky Certification to Court of Appeals are: (1) Interlocutory Certification, and (2) Final Certification. Interlocutory Certification is a procedure used when a party wants to appeal a ruling on a particular issue before the case is finalized. The party must show that the issue is of great importance and may affect the outcome of the case. Final Certification is a procedure used when the party wants to appeal the final ruling of a court. The party must show that the ruling is of great importance and may affect the outcome of other similar cases. In both cases, the party must file a motion with the court for Kentucky Certification to Court of Appeals. The motion must include a brief description of the issue, and the reasons why the issue must be certified to an appellate court. The court will then consider the motion and decide whether to certify the issue.

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FAQ

Rule 54.02 - Judgment upon multiple claims or involving multiple parties (1) When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may grant a final judgment upon one or more but less than all

After a conviction, the trial court schedules a sentencing hearing. If the defendant wishes to appeal the conviction, he or she must file a Notice of Appeal within 30 days of sentencing. The record of the original trial is prepared and certified.

The United States Court of Appeals for the Sixth Circuit has jurisdiction over federal appeals arising from the states of Kentucky, Michigan, Ohio and Tennessee.

Fourteen judges, two elected from seven appellate court districts, serve on the Court of Appeals. The judges are divided into panels of three to review and decide cases, with the majority determining the decision. The panels do not sit permanently in one location, but travel about the state to hear cases.

Appellate jurisdiction refers to the power of a court to hear appeals from lower courts.

Jurisdiction. The Kentucky Court of Appeals hears appeals from the district and circuit courts in Kentucky. When losing parties are unsatisfied with the trial court's decision, they can seek a review of the lower court's decisions from the Kentucky Court of Appeals.

Kentucky has two appellate courts: the Court of Appeals, which generally hears appeals first, and Supreme Court, the highest court.

The Court of Appeals is exactly what its title implies. Nearly all cases come to it on appeal from a lower court. If a case is tried in District or Circuit court, and the losing parties involved are not satisfied with the outcome, they may ask for a higher court to review the correctness of the trial court's decision.

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Kentucky Certification to Court of Appeals