Rule RAP 3 - Appeal as of Right-When Taken(A)Time for Filing Notice of Appeal.(1)30 days to appeal, unless another time applies. Unless a statute or court rule provides a different time, the notice of appeal required by RAP 2 shall be filed with the clerk of the court from which the appeal is taken no later than 30 days from the date of notation of service of the judgment or order appealed from.(2)Date from which time to appeal begins to run. The date of notation of service of the judgment or order under CR 77.04(2) or RCr 12.06 shall be the date for the purpose of fixing the running of the time for appeal under this rule.(3)Effect of motion to proceed in forma pauperis. If the notice of appeal is timely tendered and accompanied by a motion to proceed in forma pauperis as provided in RAP 54, the notice of appeal or cross-appeal shall be considered timely, but shall not be filed until the motion is granted or, if denied, the filing fee is paid. If the motion is denied, the party shall have 30 days within which to pay the filing fee or to appeal the denial to the appropriate appellate court.(B)Pro se Inmate Appeals. If a pro se inmate files a notice of appeal in a criminal case, the notice shall be considered filed if its envelope is officially marked as having been deposited in the institution's internal mail system on or before the last day for filing with sufficient first class postage prepaid.(C)Failure to Serve or Receive Notice of Judgment. Failure of the trial court to require service of notice of entry of any judgment or order under this rule, failure of the clerk to serve such notice, or failure of a party to receive notice shall not affect the validity of the judgment or order, and does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted in section (E) of this rule.(D)Extension of Time for Appeal and Other Remedies. Upon a showing of excusable neglect based on a failure of a party to learn of the entry of the judgment or an order which affects the running of the time for taking an appeal, the trial court may extend the time for appeal, not exceeding 10 days from the expiration of the original time. This is in addition to any other remedies that may be available, including but not limited to, relief available pursuant to CR 60.02, and any relief recognized by case law or other rule.(E)Effect of a Motion on a Notice of Appeal.(1) In a criminal case, if a timely motion has been made for a new trial, an appeal from a judgment of conviction may be taken within 30 days after the date of entry of the order denying the motion. If, however, a motion for new trial was made more than 5 days after return of the verdict, the appeal must be from the order overruling or denying the motion, and the review on appeal shall be limited to the grounds timely raised by the motion as provided by RCr 10.06.(2) If a party timely files in the trial court any of the following motions under the Kentucky Rules of Civil Procedure, the time to file an appeal runs for all parties from the entry of the order disposing of the last such remaining motion: CR 50.02; CR 52.02; or CR 59, except when a new trial is granted under CR 59. No motions filed under any other civil rule will toll the time to file a notice of appeal.(3) If a party files a notice of appeal after the date of the docket notation of service of judgment in paragraph (A)(2) above, but before disposition of any timely motions under CR 50.02, CR 52.02, or CR 59, the trial court retains jurisdiction to rule on the motion. The appellant shall promptly move the appellate court to hold the appeal in abeyance pending a decision on such motion. When the trial court has entered an order disposing of the motion, the appellant shall promptly file a copy with the clerk of the appellate court.(4) A party intending to challenge an order disposing of any motion listed in paragraphs (E)(1) or (2) of this rule, or a judgment altered or amended upon such a motion, shall file a notice of appeal, or an amended notice of appeal, in compliance with RAP 2, within the time prescribed by this rule measured from the date of the RAP 3(A)(2) docket notation regarding service of the order disposing of the last such remaining motion.(5) No additional fee is required to file an amended notice of appeal.Adopted by order 2022-49, eff. 1/1/2023.