As amended through June 8, 2024
Rule RAP 52 - Habeas Corpus Appeals(A)Procedure. Any party may appeal a ruling granting or denying a writ of habeas corpus by filing a notice of appeal with the clerk of the court where the order was entered pursuant to KRS 419.130. The notice of appeal shall be filed no later than 30 days after the order denying or granting the writ of habeas corpus. The notice shall be served on all parties no later than the date of filing.(B)Record. The appeal under this section is an expedited proceeding without briefing. A designation of the record is not required. The record on appeal will consist of all documents on file with the circuit clerk and all video record of any hearings held, unless the party appealing directs otherwise. The original record shall be bound and numbered according to the normal procedure for a record on appeal. The record shall be transmitted to the Court of Appeals as soon as possible, but no later than 10 days from the filing of the Notice of Appeal.(C)Stay on Appeal. If the judgment of the circuit court grants release of the person detained, any party may request the circuit court to stay the judgment or to set bond for release of the person detained. Upon proper motion, the Court of Appeals may continue, modify or set aside the bond or stay pending appeal.Adopted by order 2022-49, eff. 1/1/2023.