For many, the appellate process is a daunting one. Fortunately, the Kentucky Court of Appeals offers very helpful resources online for free.
No matter the result at the circuit court level, litigants may face appellate review by the Kentucky Court of Appeals. Should a party decide to appeal, it begins a series of steps, beginning with the filing of the notice of appeal, then the prehearing statement, designation of the record, and then the filing of briefs.
The process is all laid out in the Kentucky Civil Rules. However, reading those rules in sequence may not fully explain how they interconnect. There is a useful Kentucky Appellate Handbook that is available on-line, which walks the appealing parties through each step of the process.
When it comes to filing the actual briefs, the Court of Appeals’ website has several links. In addition to the handbook and the rules, the website contains links to the following:
- A survey of preferences of appellate judges as of 2004. While the survey results may be dated, simply reviewing the questions reveals what is on the mind of some judges. When writing, keeping your audience in mind is fundamental; the survey provides some insight into your “audience” of appellate judges.
- The Chase College of Law at Northern Kentucky University has a collection of appellate briefs which can be searched on-line. While the search tool may not be as exact as Google, the collection provides examples of how others have presented their arguments to consider when drafting your own.
- Perhaps even more helpful than the Handbook, there is a link to checklists for each brief, a concise one-page distillation of what the rules require for an appeal brief to be filed properly.
Appeals remain an intricate area of practice and why there are many attorneys who have concentrated their practices on the nuances of appellate law. Having the assistance of these experienced counsel is invaluable in filing an appeal.
With the website, the Court of Appeals has made access to the courts, and thereby access to justice, easier for everyone.