Bench & Bar

SEP 2018

The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.

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| SEPTEMBER/OCTOBER 2018 42 AMENDMENTS TO THE RULES OF CIVIL PROCEDURE (CR) I. CR 73.08 Certification of record on appeal CR 73.08 shall read: e record on appeal as constituted under Rule 75 or Rule 76 shall be prepared and certified by the clerk of the court from which the appeal is taken within 10 days after the filing of the transcript of evidence by the court reporter. If the proceedings were taken exclusively by video recording, if no proceedings are to be transcribed, or if the appeal is from a Circuit Court order determining pater- nity, dependency, abuse, neglect, domestic violence, juvenile status offense, or involuntary termination of parental rights, then the record on appeal shall be certified by the clerk within 30 days after the date of filing the first notice of appeal. In Forma Pauperis cases, the time for certifying the record on appeal in cases taken exclusively by video recording or where there are no proceedings to transcribe shall run from the date the Motion to Proceed In Forma Pauperis is granted. If CR 76.03 applies to the appeal, the time for certifying the record shall begin to run as provided in CR 76.03. e appellate court, in its discretion, may extend the time for certification of the record upon motion and a showing of good cause. II. CR 76.03(1) Prehearing conference CR 76.03(1) shall read: (1) is Rule, 76.03, applies to all civil actions appealed to the Court of Appeals, except prisoner applications seeking relief relating to confinement or conditions of confinement and appeals from Circuit Court orders deter- mining paternity, dependency, abuse, neglect, domestic violence, juvenile status offense, or involuntary termination of parental rights. III. CR 76.12(2) Briefs CR 76.12(2) shall read: (2) Time for filing. (a) Civil cases. In civil cases, including workers' compen- sation appeals and excluding appeals from Circuit Court orders determining Paternity, Dependency, Abuse, Neglect, Domestic Violence, Juvenile Status Offense, or Involun- tary Termination of Parental Rights, the appellant's brief shall be filed with the clerk of the appellate court within 60 days after the date of the notation on the docket of the notification required by Rule 75.07(6). e appellee's brief (or combined briefs, if the appellee is also a cross-appellant) shall be so filed within 60 days after the date on which the appellant's brief was filed. e appellant's reply brief shall be filed within 15 days after the date on which the last appellee's brief was filed or due to be filed. If the appellant is also a cross-appellee, a combined brief may be filed within 60 days after the date on which the last appellee's brief is filed or due to be filed. When a motion for discretionary review has been granted by the Supreme Court, the time in which the movant's brief must be filed shall be computed from the date of entry of the order granting review. (b) Civil appeals from Circuit Court orders determining Paternity, Dependency, Abuse, Neglect, Domestic Violence, Juvenile Status Offense, or Involuntary Termination of Paren- tal Rights. Appeals in these cases shall be expedited. e appellant's brief shall be filed with the clerk of the appellate court within 30 days after the date of the notation on the docket of the notification required by Rule 75.07(6). e appellee's brief shall be filed within 30 days after the date of filing of the appellant's brief. e appellant's reply brief shall be filed within 10 days after the date of filing of the appellee's brief. Motions for extension of time will not be considered except under extraordinary circumstances. IN RE: ORDER AMENDING RULES OF CIVIL PROCEDURE (CR) RULES OF CRIMINAL PROCEDURE (RCr) 2018-13 e following rules' amendments shall become effective January 1, 2019. BAR NEWS

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