Kentucky Statutes 419.130 – Appeal — Supersedeas
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(1) Any party to a hearing on a writ may appeal to the Court of Appeals by filing with the clerk of the court, within thirty (30) days after the entry of the judgment, the original record and a transcript of the evidence, together with a notice of appeal, which notice shall be served on the other parties at least two (2) days before the appeal is filed. Upon the filing of the appeal the clerk shall immediately deliver the papers to the Chief Judge.
(2) If the judgment in a habeas corpus proceeding orders the release of the person detained, any party may have the judgment stayed until the appeal is filed by notifying the judge rendering the judgment that he intends to appeal and upon complying with such terms as to bond or otherwise as the judge deems proper for the security of the person detained. The Court of Appeals may continue, modify or set aside the stay pending the appeal. The appellant may be required to give security for costs.
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 421. — Amended 1976
Ky. Acts ch. 62, sec. 125. — Created 1962 Ky. Acts ch. 234, sec. 30.
(2) If the judgment in a habeas corpus proceeding orders the release of the person detained, any party may have the judgment stayed until the appeal is filed by notifying the judge rendering the judgment that he intends to appeal and upon complying with such terms as to bond or otherwise as the judge deems proper for the security of the person detained. The Court of Appeals may continue, modify or set aside the stay pending the appeal. The appellant may be required to give security for costs.
Terms Used In Kentucky Statutes 419.130
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 421. — Amended 1976
Ky. Acts ch. 62, sec. 125. — Created 1962 Ky. Acts ch. 234, sec. 30.