An order granting or denying class action certification is appealable within 10 days after the order is entered. An appeal does not stay proceedings in the circuit court unless the circuit judge or the Court of Appeals so orders. The matter shall be expedited in the appellate courts.
Rule 23.06.Appeals.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceCR 23.06 makes an order granting or denying class certification immediately appealable within 10 days, but the appeal doesn't automatically pause the circuit court case, and appellate courts must expedite the matter.
Full Text of Rule 23.06
Amendment History
(Adopted November 3, 2010, effective January 1, 2011.) KENTUCKY RULES ANNOTATED Copyright © 2026 by Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved
Plain-English Summary
Normally a party has to wait until a case ends to appeal a ruling, but CR 23.06 creates an exception for class certification. Either side can appeal an order that grants or denies certification right away, within 10 days after the order is entered, rather than waiting for a final judgment. That matters because certification decisions often determine whether a case is worth litigating at all, and a mid-case ruling can reshape the entire lawsuit.
Filing that appeal does not stop the case in circuit court on its own -- proceedings continue unless the circuit judge or the Court of Appeals steps in and orders a stay. Because these appeals can leave a case in limbo, the rule directs the appellate courts to expedite the matter rather than letting it sit on a regular docket.
Frequently Asked Questions
How long do I have to appeal a class certification ruling in Kentucky?
CR 23.06 gives either side 10 days after the certification order is entered to appeal a decision granting or denying class action certification.
Does appealing a class certification order stop the case in circuit court?
Not automatically. Under CR 23.06, the circuit court case continues during the appeal unless the circuit judge or the Court of Appeals orders a stay.
Are appeals of class certification decisions handled faster than typical appeals?
Yes. CR 23.06 directs the appellate courts to expedite class certification appeals.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 23.06). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: appeal class certification kentuckyinterlocutory appeal class actiontime limit to appeal class certificationstay pending appeal class actionCR 23.06