The Appeals Process
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Understanding the Appeals Process
Appellate courts don’t retry your case—they review whether the trial court made legal errors. Here’s what the process looks like.
Notice of Appeal Deadline Calculator
Enter the date your order or judgment was entered to estimate when your notice of appeal is due.
This calculator is a general estimate only and is not legal advice. It counts 30 days from the entry date and moves the deadline to the next business day when day 30 falls on a weekend or standard holiday. It does not account for every court-specific closure, local rule, or exception, and appellate deadlines are jurisdictional. Always confirm your actual deadline with an attorney and the clerk’s office before relying on it.
1. Notice of Appeal
You must file a notice of appeal within 30 days of the final judgment. Missing this deadline can waive your right to appeal, so it is critical to act quickly.
2. Record Preparation
The trial court record—including transcripts and exhibits—must be prepared and transmitted to the appellate court. The record defines what the appellate court can consider.
3. Briefing
Both sides submit written briefs arguing why the trial court was right or wrong. This is where appellate cases are won or lost, and where skilled legal writing matters most.
4. Oral Argument
In some cases, attorneys present oral arguments before a panel of appellate judges who may ask questions about the record and the law.
5. Decision
The appellate court issues a written opinion affirming, reversing, or remanding the case back to the trial court for further proceedings.
How Long Does an Appeal Take?
Most family law appeals to the Kentucky Court of Appeals take roughly 12–18 months from the notice of appeal to a decision. Here is a rough timeline of the stages a typical appeal moves through:
Notice of Appeal
Day 0 — within 30 days of the final order
The appeal begins when the notice of appeal is filed. This 30-day deadline is strict and jurisdictional.
Record on Appeal Prepared & Certified
Generally 1–3 months
The circuit court clerk assembles and certifies the record, including any transcripts. Transcript preparation is often what drives this timeframe.
Appellant’s (Opening) Brief
Generally ~60 days after the record is certified
Your opening brief lays out the legal errors and the reasons the trial court’s decision should be reversed or modified.
Appellee’s (Response) Brief
Generally ~60 days after the opening brief
The other side files its brief defending the trial court’s decision.
Reply Brief
Generally ~15 days after the response brief
An optional reply brief lets the appellant respond to the appellee’s arguments.
Submission &/or Oral Argument
Generally a few months after briefing closes
The case is assigned to a three-judge panel. Oral argument is scheduled only in some cases.
Decision (Written Opinion)
Generally several months after submission
The Kentucky Court of Appeals issues a written opinion affirming, reversing, or remanding.
Typical total: about 12–18 months
Simple appeals can move faster; complex cases, a long record, motion practice, or a busy docket can take longer. If a party seeks discretionary review by the Kentucky Supreme Court after the Court of Appeals rules, that adds additional time.
These timeframes are approximate and provided for general information only. Actual deadlines are governed by the Kentucky Rules of Appellate Procedure and can change with extensions, the length of the record, motion practice, and the court’s schedule. This is not legal advice—contact us about the timeline for your specific case.
⚠ Time-Sensitive
In Kentucky, you typically have only 30 days from the entry of a final judgment to file your notice of appeal. Don’t wait—contact us immediately if you believe the court got it wrong.
Think the Judge Got It Wrong?
Time is critical in appellate matters. Contact us today to discuss your case and explore your options.
We handle appeals from all 120 Kentucky counties