A Handy Cross-reference between Kentucky’s New Stand-alone Appellate Rules and the Civil Rules They Replaced or Complement
By David Kramer, Chair, Litigation and Dispute Resolution Practice Group, DBL Law
In updating volume 7 of the Kentucky Practice Series this year I included references under the former Civil Rules to the Kentucky Rules of Appellate Procedure (RAP) that replaced them. Following that exercise I have created the following cross-referenced list of the RAP and the current and former Civil Rules (CR) they replaced or that they might complement. I hope Kentucky appellate judges and lawyers find it helpful. Lawyers handling appeals should be cognizant of precedent under the deleted Civil Rules governing appeals that might help determine the construction and scope of the new appellate rules.
Appellate Rules
Corresponding Civil Rules
RAP 1
CR 76.01 (deleted)
RAP 2
CR 73.01, 73.02, 73.03 (deleted)
RAP 3
CR 73.02 (deleted)
RAP 4
CR 74.01 (deleted)
RAP 5
CR 76.40 (deleted)
RAP 6
CR 76.34, CR 76.40 (deleted)
RAP 7
CR 76.34 (deleted)
RAP 8
CR 76.24 (deleted)
RAP 9
Complements current CR 24
RAP 10
CR 76.12(8) (deleted)
RAP 11
Complements current CR 11
RAP 12
No corresponding CR
RAP 13
CR 76.42 (deleted)
RAP 14
CR 76.43 (deleted)
RAP 15
CR 76.12(4)(b) (deleted)
RAP 16
(reserved)
RAP 17
CR 74.02 (deleted)
RAP 18
(reserved)
RAP 19
(reserved)
RAP 20
CR 65.07, 65.08, 65.09 (deleted)
RAP 21
CR 76.33 (deleted)
RAP 22
CR 76.03 (deleted)
RAP 23
(reserved)
RAP 24
CR 75.01, 75.02, 75.03, 75.05, 75.06, 75.07, 75.11, 75.15, 98(3), 98(4), 98(5) (deleted)
RAP 25
CR 75.08, 75.13, 75.14, 75.15 (deleted)
RAP 26
CR 73.08 (deleted)
RAP 27
CR 76.46, 79.06 (deleted)
RAP 28
No corresponding CR
RAP 29
(reserved)
RAP 30
CR 76.12 (deleted)
RAP 31
CR 76.12 (deleted)
RAP 32
CR 76.12 (deleted)
RAP 33
(reserved)
RAP 34
CR 76.12(7), 76.16(3) (deleted)
RAP 35
CR 76.16 (deleted)
RAP 36
(reserved)
RAP 37
CR 76.26 (deleted)
RAP 38
CR 76.16 (deleted)
RAP 39
(reserved)
RAP 40
CR 76.28, 76.30, 76.38 (deleted)
RAP 41
CR 76.28 (deleted)
RAP 42
CR 76.44 (deleted)
RAP 43
CR 76.32, 76.38 (deleted)
RAP 44
CR 76.20 (deleted)
RAP 45
Related to RAP 34; no corresponding CR
RAP 46
CR 76.21 (deleted)
RAP 47
Criminal rule; no corresponding CR
RAP 48
CR 72.01, 72.02, 72.03, 72.04, 72.06, 72.08, 72.10, 72.12, 72.13 (deleted)
RAP 49
CR 76.25 (deleted)
RAP 50
CR 76.37 (deleted)
RAP 51
Criminal rule; no corresponding CR
RAP 52
Criminal rule; no corresponding CR
RAP 53
(reserved)
RAP 54
CR 76.02(1)(b) (deleted)
RAP 55
CR 73.02(1)(b) (deleted); complements current CR 5.05(4)
RAP 56
(reserved)
RAP 57
(reserved)
RAP 58
(reserved)
RAP 59
(reserved)
RAP 60
CR 76.36 (deleted); complements current CR 81
RAP 61
(reserved)
RAP 62
Criminal rule; no corresponding CR
RAP 63
CR 62.02, 62.03, 73.04, 73.06, 73.07 (deleted)
NOTE: Some of the RAP combined portions of different Civil Rules in some cases that might not fit neatly into the foregoing cross-reference list. Counsel handling an appeal should review all the RAP in conjunction with the case at issue.
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