Rule RCr 12.04 - When and how taken(1) An appeal is taken by filing a notice of appeal in the trial court. (2) The notice of appeal shall name all of the appellants and appellees and designate the judgment from which the appeal is being taken. The clerk shall serve notice of the filing of the notice of appeal by mailing a copy thereof to the clerk of the appellate court and to the attorney for each appellee, shall note on each copy thus served the date on which the notice of appeal was filed, and shall note in the docket the names of the parties served and date or dates on which the copies were mailed. (3) The time within which an appeal may be taken shall be thirty (30) days after the date of entry of the judgment or order from which it is taken, subject to Rule 12.06, but if a timely motion has been made for a new trial an appeal from a judgment of conviction may be taken within thirty (30) days after the date of entry of the order denying the motion; provided, however, that in the case of a motion for new trial made later than five (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 Rule 10 .06 . If a motion to proceed in forma pauperis is denied, the party shall have thirty (30) days within which to pay the filing fee or to appeal the denial to the appropriate appellate court.(4) The timely filing of a notice of appeal from a judgment of the district court shall stay proceedings on the judgment as long as the case remains on appeal, except for the requirement of bail. Stays in juvenile dispositions shall be discretionary with the court. (5) If an 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.Ky. R. Crim. P. RCr 12.04
Amended by Order 2010-09, eff. 1/1/2011; prior amendments 09-01, eff. 4/1/2009; 98-2, eff. 1/1/1999; eff. 9/1/1981 (Order 81-5), 10/1/1978; adopted eff. 1/1/1978.