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Kentucky Notice of Appeal

Kentucky's clock starts when the circuit clerk notes on the docket that notice of entry was served, not when the judgment is signed, and a small claims appeal to Circuit Court runs on its own separate 10 day window.

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Introduction

In Kentucky, a notice of appeal from a final civil judgment of the Circuit Court is due within 30 days from the date the circuit clerk notes on the case docket that notice of entry of the judgment or order was served, not the date the judgment was signed or entered (Ky. R. App. P. (RAP) 3(A)(1)-(2); Ky. R. Civ. P. (CR) 77.04(2)). If a party timely files a motion under CR 50.02 for judgment notwithstanding the verdict, CR 52.02 to amend findings, or CR 59 for a new trial or to alter or amend, the 30 days runs instead from entry of the order disposing of the last such motion, except when a new trial is granted under CR 59; no motion filed under any other civil rule tolls the deadline (RAP 3(E)(2)). A notice filed after the docket notation of service but before a pending tolling motion is decided holds the appeal in abeyance while the trial court retains jurisdiction (RAP 3(E)(3)). The deadline is jurisdictional (RAP 2(A)(2)) and generally cannot be extended: the trial court may grant only a narrow extension, not exceeding 10 days beyond the original deadline, on a showing of excusable neglect based on a party's failure to learn that the judgment or order affecting the appeal time was entered (RAP 3(D)); RAP 6(C)-(D) bar any other enlargement of the RAP 3 filing time, before or after the deadline expires. The notice is filed with the clerk of the Circuit Court that entered the judgment, not the appellate court, and the filing fee is paid to that same clerk when the notice is tendered (RAP 2(A)(1), 2(H)). Most civil appeals go to the Kentucky Court of Appeals, the state's single statewide intermediate court; a civil judgment from District Court, including a small claims judgment, is instead appealed to the Circuit Court (RAP 2(A)(1); RAP 48(A)-(B)). On a Circuit Court appeal, filing the notice does not by itself stop the other side from collecting on the judgment: enforcement continues unless the appellant posts a supersedeas bond approved by the court or clerk under RAP 63. An appeal reviews the trial court record for legal error; it is not a new trial, and that includes a small claims appeal to Circuit Court, which Kentucky decides on the existing record rather than as a fresh trial. This page covers a civil appeal from a Circuit Court judgment. Criminal, administrative-agency, federal-court, and interlocutory appeals follow different rules and are not covered here. Attorney review is available before you file.

Key Things to Know

  1. 1

    The notice of appeal is due 30 days from the date the circuit clerk notes on the case docket that notice of entry of the judgment was served, not the date of entry or signing (RAP 3(A)(1)-(2); CR 77.04(2)). A timely motion under CR 50.02, CR 52.02, or CR 59 resets the clock to run from entry of the order disposing of the last such motion, except when a new trial is granted under CR 59; no other civil-rule motion tolls the deadline (RAP 3(E)(2)).

  2. 2

    The deadline is jurisdictional and generally cannot be extended (RAP 2(A)(2)). The trial court may grant only a narrow extension, not exceeding 10 days beyond the original deadline, on a showing of excusable neglect based on a party's failure to learn that the judgment or order was entered (RAP 3(D)); RAP 6(C)-(D) bar any other enlargement of the filing time.

  3. 3

    File the notice with the clerk of the Circuit Court that entered the judgment, not the appellate court, and pay the filing fee to that clerk when the notice is tendered (RAP 2(A)(1), 2(H)). Most civil appeals go to the Kentucky Court of Appeals; a District Court civil judgment, including small claims, is instead appealed to the Circuit Court (RAP 48(A)-(B)).

  4. 4

    The notice must specify the party or parties taking the appeal, identify the judgment or order and part appealed from including its date, and contain a certificate that a copy was served on counsel for all parties or on unrepresented parties at their last known address (RAP 2(B)(1)-(2)). There is no mandatory form for a civil notice of appeal from Circuit Court; AOC Form 376 exists only for a clerk to prepare on behalf of a pro se criminal appellant (RAP 2(C)).

  5. 5

    A filing fee is charged when the notice is tendered (RAP 2(H)); confirm the current fee with the clerk. No bond is required to perfect the appeal itself, and a party may instead file a motion to proceed in forma pauperis under RAP 54.

  6. 6

    Filing the notice does not by itself stop the other side from collecting on the judgment. A stay requires a supersedeas bond approved by the court or clerk; for a money judgment the bond must cover the full unsatisfied amount plus costs, interest, and delay damages unless the trial court fixes a different amount for good cause, and governmental units are exempt from giving the bond (RAP 63(A)-(B), (E)).

  7. 7

    A small claims judgment has its own 10-day deadline to appeal to Circuit Court, running from the judgment (KRS 24A.340). That appeal is decided on the existing record, not as a new trial, either party may appeal, and the appellant must also file a Statement of Appeal in Circuit Court within 30 days of filing the notice of appeal to perfect the appeal (RAP 48(E)(1), (F)-(G)).

Key decisions before you file

Before you file a Notice of Appeal in Kentucky, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.

Open the Notice of Appeal guide

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Kentucky Requirements for Notice of Appeal

  • 30-Day Deadline Runs From Docket Notation of Service

    A Kentucky notice of appeal is due within 30 days of the date the circuit clerk notes on the case docket that notice of entry of the judgment or order was served, not the date of entry or signing (RAP 3(A)(1)-(2); CR 77.04(2)).

  • Tolling Motions Reset the Clock

    A timely motion under CR 50.02, CR 52.02, or CR 59 resets the 30 days to run from entry of the order disposing of the last such motion, except when a new trial is granted under CR 59; no motion under any other civil rule tolls the deadline (RAP 3(E)(2)).

  • Narrow 10-Day Excusable-Neglect Extension

    The deadline is jurisdictional (RAP 2(A)(2)) and the trial court may extend it only by up to 10 days on a showing of excusable neglect based on a party's failure to learn the judgment was entered (RAP 3(D)); RAP 6(C)-(D) bar any other enlargement.

  • Filed With the Circuit Court Clerk

    The notice is filed with the clerk of the Circuit Court that entered the judgment, not the appellate court, and the filing fee is paid to that clerk when the notice is tendered (RAP 2(A)(1), 2(H)).

  • No Mandatory Civil Notice Form

    RAP 2(B) lists the required content of a civil notice of appeal, including a certificate of service, but there is no mandatory form; AOC Form 376 exists only for a clerk to prepare on behalf of a pro se criminal appellant (RAP 2(C)).

  • Filing Fees and In Forma Pauperis

    A filing fee is paid to the Circuit Court clerk when the notice is tendered, and an appeal from District Court may carry additional local fees (RAP 2(H); RAP 48(B)(4)); confirm the current fee with the clerk. A party may instead move to proceed in forma pauperis under RAP 54.

  • Supersedeas Bond Needed to Stay Enforcement

    Filing the notice does not by itself stop enforcement of the judgment. A stay requires a supersedeas bond approved by the court or clerk, covering the full unsatisfied amount plus costs, interest, and delay damages for a money judgment, unless the trial court fixes a different amount for good cause (RAP 63(A)-(B)).

  • Small Claims 10-Day Appeal Is Record Review

    A small claims judgment has its own 10-day appeal deadline to Circuit Court running from the judgment (KRS 24A.340), decided on the existing record rather than as a new trial (RAP 48(E)(1)).

  • Statement of Appeal and Prehearing Statement Deadlines

    A small claims or District Court appellant must file a Statement of Appeal in Circuit Court within 30 days of the notice of appeal (RAP 48(F)(1)); on the Circuit-Court track, a prehearing statement is generally due in the Court of Appeals within 20 days of the notice, except in certain family-court matters (RAP 22(A)(1)-(2)).

Frequently Asked Questions