Kentucky Indemnity Provisions - Procedural Issues

State:
Multi-State
Control #:
US-ND1013
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This form provides boilerplate contract clauses that cover procedural issues with regards to indemnity in both third-party and non-third-party claims. Several different language options are included to suit individual needs and circumstances.

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FAQ

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).

Unless a statute or court rule provides a different time, the notice of appeal required by RAP 2 shall be filed with the clerk of the court from which the appeal is taken no later than 30 days from the date of notation of service of the judgment or order appealed from.

A defendant shall serve his/her answer within 20 days after service of the summons upon him/her. A party served with a pleading stating a cross claim against him/her shall serve an answer thereto within 20 days after the service upon him/her.

Every opinion shall show on its face whether it is 'To Be Published' or 'Not To Be Published." The present no-citation rule, found in Rule 76.28(4)(c) of the Rules of Civil Procedure, states: "Opinions that are not to be published shall not be cited or used as authority in any other case in any court of the state.

(CRC 8.104(b), 8.108.) In federal courts, the notice of appeal must be filed within 30 days after the entry of judgment (not notice), but the deadline is not jurisdictional. (FRAP 4(a)(1).) A district court may either extend or reopen the time to appeal under certain circumstances.

Rule RAP 43 - Petition for Rehearing or Other Relief as to Opinion or Opinion and Order or Motion for Reconsideration of Order (A)Scope of Rule. Any decision of the Supreme Court or Court of Appeals styled an "Opinion" or "Opinion and Order" is governed by Section (B) of this rule.

Rule 77.04 - Notice of entry of judgments and orders (1) Immediately upon the entry in the trial court of a judgment, a final order, an order which affects the running of time for taking an appeal, or an order which by its terms is required to be served, the clerk shall serve a notice of the entry by mail in the manner ...

It differs from case to case but generally 90 days for the appeals or revision filed against the order of the lower court. But no time limit for CRPs filed under Article 227 of constitution of India and 30 days for the Appeal from the orders of the High Court.

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Kentucky Indemnity Provisions - Procedural Issues