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WELCOME TO LAWREADER.COM
 

JUDGE BILLINGLSYE'S NEW BOOK IS SELLING ING FAST.  IT’S TITLED  "THE WIDOWS OF HIGHLAND AVENUE".  IT’S A HISTORICAL NOVEL ABOUT THE CIVIL WAR ERA IN KENTUCKY.

AVAILABLE AT LAWREADER  314 7TH  sT., cARROLLTON, kY. 41008   sEND $18 PLUS $2 FOR SHIPPING AND HANDLING.  (502) 732-4617  - Firstjudge@aol.com

go to WIDOW/KINDLE to get kindle version from amazon.com  or gotohttp://bookstore.xlibris.com/Products/CategoryCenter/HIS/HISTORY.aspx

ALSO AVAILABLE IN LOUISVILLE AT  CARMICHAEL'S BOOKSTORE  2720 Frankfort Ave
Louisville, KY

KENTUCKY LEGAL NEWS AT:   http://news.lawreader.com/
 

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KENTUCKY WEEKLY APPELLATE DECISIONS - SYNOPSIS


 14 Cases 2 to be Published 
 
 
42 Cases 25 to be Published
 

 

 

KBA Newsletter for May 2014  

 

 

EXPERT WITNESSES

“What do you think of so-called expert testimony?”

“Sir” I said, “I’ve seen the pick of the whole New York crop in action for weeks at a time. I’ve seen nearly every one of the present bunch on either side of this case reverse his own position so often that, as the fellow says, you’d almost expect him, coming in to meet himself gong out.  Judge, it’s a poor expert witness that won’t work both ways.”

-Excerpt from Kentucky author Irvin S. Cobb, author of Exit Laughing re “Expert Witnesses-
 
 
When we give someone our time, we actually give a portion of our life that we will never take back. Our time is our life!

 

 

     


 

 

COURT OF APPEALS DECISIONS - AUGUST 29, 2014

14 Cases  - 2 to be Published
 
 
51 Cases  -  28  to be Published
 
 


 

 
OPINIONS COURT OF APPEAL - Library Of Past Decisions
 
 
Gwen Billingsley, CEO
Editor of KRS Annotated


 

  

 
 

MONTHLY PRACTICE TIPS  2014 – Mike McMain

 

MONTHLY PRACTICE TIPS - MARCH 2014 – Mike McMain

March, 2014 Practice Tip 

Throughout my practice, I have been reminded from time to time to read the rules by the older members of the bar. It could not be truer if you are going to practice any appellate work in the Court of Appeals or the Supreme Court.

Just this past month, I was reminded of C.R. 76.34 (2) which deals with the filing of a Response to a Motion filed by a party during an appeal case. Section (2) states as follows: "The opposing party may file a response, accompanied by a certificate of service, within 10 days after the date the motion was served or within the time designated by the court." 

Lawyers often wait for the receipt letter from the appellate court letting the lawyer know when the response is due. However often with the filing of motions, the clerk of the court does not issue a receipt letter designating the time for a response and therefore the rule controls.

If the Motion was hand delivered to the Appellate Court, you have ten (10) days from the date of filing of the Motion. If the Motion is mailed to the Appellate Court, you have ten (10) days from the date the motion was certified as being sent to the opposing party to file your response.
 
When doing appellate work, remember the advice of the older members of the bar.
 
Read the Rules!!
 
As always, I welcome any comments.
 
CR 76.34 MOTIONS

(1) Applicability of Other Rules.

Rules 5.01, 5.02, 5.03, 5.05, 6.04, 6.05 and 7.02 shall apply to all motions other than motions for transfer to the Supreme Court and motions for discretionary review, except that the movant shall not specify a time for hearing in the motion or notice unless the time has been set as provided by paragraph (4) of this Rule 76.34.

(2) Response.

The opposing party may file a response, accompanied by a certificate of service, within 10 days after the date the motion was served or within the time otherwise designated by the court.

(3) Number of Copies.

Five (5) copies of motions and responses in the Court of Appeals shall be filed. Except as otherwise required by Rule 65.09(1), Rule 74.02(1), Rule 76.20(6) and Rule 76.37(11), five (5) copies of motions and responses in the Supreme Court shall be filed, unless the Court directs otherwise.

(4) Hearing and Disposition.

(a) Except for motions that call for final disposition of an appeal or original action in the appellate court, any member of the court designated by the Chief Justice or Chief Judge may hear and dispose of any motion; and

(b) Any intermediate order of a procedural nature pending final disposition of a proceeding pending in an appellate court may be issued on the signature of any judge of that court.

(5) Oral Arguments.

No motion will be heard on oral argument except by prearrangement with an authorized representative of the appellate court or with the judge to whom the motion is addressed or has been assigned.

(6) Motion to Dismiss Appeal or Cross-Appeal.

(a) In addition to any other relief provided by these Rules, an adversary party may move to dismiss an appeal or cross-appeal because it is not within the jurisdiction of the appellate court or because it has not been prosecuted in conformity with the Rules; and

(b) Timely filing of a motion to dismiss shall suspend the running of time for procedural steps otherwise required with regard to the appeal and any cross- appeal in the same proceeding, and the time will continue to run as provided by Rule 76.12(2) after the date an order is entered denying the motion or passing it to the merits.

HISTORY: Amended by Order 93-1, eff. 9-1-93; prior amendments eff. 8-28-89, 1-1-85, 7-1-79; adopted eff. 1-1-78


The Political Road Less Traveled

By LawReader Columnist
Dr. Ted Shlechter, Ph.D
   

Television: Determining Presidential Elections
in the 21st Century
By DrTed – February 2, 2013

.

Andy Beshear visits LawReader's office!

(Left to Right) Laura Jung, and Rebecca Kiman  LawReader Para - Legals

Andy Beshear, Candidate for Kentucky Attorney General

Stan Billingsley, Sr. Editor LawReader. and Gwen Billingsley, C.E.O. LawReader.

 

   

LawReader Books  at 502-732-4617

or e-mail BeckyKinman@msn.com     LawReader Books Currently Available
 
NEW: “THE SAME OLD STORIES”  and "FORTUNE'S YOKE” by S.P. Huddleston
 
Call us to order Stan Billingsley's controversial books....  Can ethics prosecutions get out of hand?

ALICE V. WONDERLAND and

A PARLIAMENT OF OWLS”   

LINK:  BUY THESE  E-BOOKS BY JUDGE BILLINGSLEY

JUDGE BILLINGSLEY'S NOVEL TITLED  "THE WIDOWS OF HIGHLAND AVENUE".  An historical novel about the civil war era in Kentucky.
Available at LawReader (502) 732-4617 
$18 plus $2 shipping and handling.
 

Becky Kinman

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Manager

Link to Purchase via Amazon Kindle - “A PARLIAMENT OF OWLS”

NEW BOOK REVIEW: BOOK REVIEW - LAW MAN: My story of Robbing Banks, Winning Supreme Court Cases, and Finding Redemption by Shon Hopwood with Dennis Burke

 


EXPERIENCED MEDIATORS ON CALL!

Retired Judge Stan Billingsley is available for mediations and arbitrations.  He is a member of the Retired Judges Mediation service of Louisville.  (Firstjudge@aol.com)

Retired Judges Mediation & Arbitration Services, Inc.

P.O. Box 70318 - Louisville, KY 40270-0318
  Phone:  (502) 721-9900       E-Mail: Retiredjudges@insightbb.com
     Fax: 888-389-3559         Web site: www.retiredjudgesmediation.com

Retired Judges:
John Potter - Stan Billingsley - Ken Corey - Pete Karem - Thomas J. Knopf -Steve Ryan - Steve Mershon - Ann Shake 
Associates: 
Joseph E. Lambert -  Pat Patterson

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We reccomend:

http://www.scotusblog.com/  U.S. SUPREME COURT BLOG

Mark Carey's interesting blog which provides insight to Ky. Politics: go to www.Bluegrassbulletin.com

 LEGAL ETHICS FORUM  http://www.legalethicsforum.com/  


 

 

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SEARCH ENGINE TIPS & MANUALS

 .http://www.kybar.org/30 - USEFUL RESOURCE FOR SEARCHING RULES, AND KBA RESOURCES ETC.

 

 

 
 


 

 

 

LawReader staff Pays a visit to the: “POST CASTLE” near Versailles, KY.  

(L to R): Laura Jung, Stan Billingsley, Tom Post; Owner of the POST CASTLE, and Gwen Billingsley.

 


 


 


 

 

COURT OF APPEALS DECISIONS DEC. 20, 2013 
 


 







 

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