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The Legal Notepad

The Legal Notepad

By: Attorneys Rob Mattingly Kevin Burke and John DeCamillis
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 Attorneys Robert Mattingly, John DeCamillis and Kevin Burke are based in Louisville, Kentucky. Robert and John are highly successful litigators, while Kevin is a highly sought-after appellate attorney. The objective of The Legal Notepad Podcast is to provide valuable information about Kentucky law, Federal law and topics relevant in our community. The episodes will feature interesting interviews as well as technical discussions of the law and how to improve your trial practice. Robert and John are the founders of DeCamillis and Mattingly PLLC. Kevin is a partner in the law firm of Burke Neal PLLC. They have decades of experience practicing law throughout the state of Kentucky.2023 Social Sciences
Episodes
  • Kentucky Rules for Appellate Procedure Changes 4-1-26 – PART 2

    Kentucky Rules for Appellate Procedure Changes 4-1-26 – PART 2
    Mar 27 2026
    Episode 17: Louisville attorneys Rob Mattingly and Kevin C. Burke are happy to provide an opportunity for 30 minutes of Kentucky continuing legal education credit. This episode of the Legal Notepad podcast is PART 2 of the discussion of amendments to the Kentucky Rules of Appellate Procedure (RAP) taking effect on April 1st, 2026. A major update to RAP 22 makes the civil appeal pre-hearing statement optional, removing a common "gotcha" that previously limited the issues a party could raise if they were omitted from the initial form. The new RAP 23 serves as a standalone rule highlighting the critical requirement to notify the Attorney General of any constitutional challenges in both the trial and appellate courts. RAP 30 provides more certainty for calendaring by clarifying that a reply brief is due 15 days after the last appellee brief is filed or due, while RAP 31 updates word limits for combined reply briefs. Further changes include RAP 32, which waives the statement of points and authorities for briefs under 1,750 words, and RAP 60, which corrects a clerical error regarding original actions. Finally, RAP 63 modifies supersedeas bond requirements by eliminating "damages for delay" and confirming that the trial court retains jurisdiction over all bond-related matters. Editor's Note: If you are an attorney and would like CLE credit for this episode, visit the Kentucky Justice Association website, click the Education and Training tab and look for the podcast. Jim Ray: Welcome back to this episode of the Legal of Notepad podcast. This is actually a continuation of something we started in Episode 16. So Rob and Kevin jumped into the Kentucky Rules for Appellate Procedure, which are going through some changes. In fact, effective April 1st, 2026, there were a number of amendments that are coming into play and they started discussing several of those. So this episode 17 is actually a continuation of that topic. So with that, I'll hand it back over to Rob and let's get going. Robert Mattingly: Alright, listeners. Jim is exactly right. Episode 17 is PART 2 to Episode 16. Starting April 1st of this year, 2026, there are several new revisions to the Rules of appellate procedure. We've got Kevin Burke in the studio and he is going through all of those with us. I've got to tell you, appellate law is not something I do. I tend to find that Kevin, can I call it a snooze fest? I don't mean to make fun of what you do. Kevin Burke: I mean, I understand. I can understand and appreciate that sentiment. Robert Mattingly: I mean, sometimes I'm like, give me a good contentious deposition. Kevin Burke: There you go. Robert Mattingly: Or a rowdy witness. What do you all do up on appeal? Are you like, man, I hope they say something mean in their brief. Kevin Burke: Basically. Yeah, that's it. It's more limited than what you're doing in the trial court where stuff happens blows up on a day-to-day basis. Yeah. So it's not like that. Robert Mattingly: You and I try to have a lot of fun for those that listen to Episode 16, and please, if you haven't listened to Episode 16, you might want to stop this podcast and move over and listen to it. This is PART 2. Let me do the clerical stuff I have to do every time. This is going to be submitted to the Kentucky Bar Association for hopefully 30 minutes. That's our goal. 30 minutes of CLE. If you listen to Episode 16, that would've also been 30 minutes. So you would get a full hour on this. That should be approved through, as you all know, our CLE deadline of June 30th every year. So in this case, June 30th, 2026. And then usually what we'll do is renew them for a year. So hopefully you can get credit all the way through up to June 2027. I'll also remind us if you listen to that, number 16, we're trying to have a little fun. When you abbreviate Rules of Appellate Procedure, it is RAP. So, we have tried to work in, just to make this a little fun, various rap references, and we're trying to count them. So, if you hear them, email us and maybe we'll have a prize for whoever gets the count, right. Although I think we tend to probably give most of them away. Kevin, why don't you do this? Start by just giving us a quick review. Remember, this is going to be about 30 minutes, so give us a real quick review of what we covered in 16. Kevin Burke: Yeah, so these again are the rule changes that go into effect on April 1st, 2026. These are revisions to the complete overhaul of the rules that went into effect in 2023. So what we covered in our last episode, we covered what happens when you have multiple appellants, multiple appeals, and how those appeals can either be consolidated or heard together by, in the court of appeals, the same panel or in the Supreme Court, that they can be heard together even on the same day for oral argument purposes, that sort of thing. That was RAP 2. And then we covered some minor changes in RAPs 5 and 7 about initials, ...
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    40 mins
  • Kentucky Rules for Appellate Procedure Changes Effective 4-1 -2026 – PART 1

    Kentucky Rules for Appellate Procedure Changes Effective 4-1 -2026 – PART 1
    Mar 24 2026
    Episode 16: Louisville attorneys Rob Mattingly and Kevin C. Burke are happy to provide an opportunity for 30 minutes of ethics for Kentucky continuing legal education credit. This episode of the Legal Notepad podcast features appellate attorney Kevin Burke discussing amendments to the Kentucky Rules of Appellate Procedure (RAP) that take effect April 1st, 2026. Kevin, who served on the committee that drafted these updates, explains that RAP 2 clarifies how multiple appellants are handled, advising practitioners to file separate notices of appeal to maintain individual briefing word limits. Changes to RAP 5 and 7 specify that initials should only be used for appeals from expungement orders, rather than any case involving an expungement, and clarify that a voluntary dismissal of an appeal does not automatically end a cross-appeal. A significant update to RAP 8 addresses the potential "gotcha" of party substitution after death, requiring that revival motions be filed in the appellate court if the case is fully on appeal. The rule further clarifies that if a case is split between jurisdictions, the motion to substitute must be filed in both the trial and appellate courts to ensure the action is properly maintained. These amendments provide necessary clarifications to the major 2023 rules overhaul and are intended to assist lawyers in meeting their annual CLE requirements. Editor's Note: If you are an attorney and would like CLE credit for this episode, visit the Kentucky Justice Association website, click the Education and Training tab and look for the podcast. TODAY'S LEGAL QUESTION: Producer Jim begins with, "Hey, Kevin and Rob, we've received a number of emails from listeners who have received notice from the Kentucky Bar Association referencing the Kentucky Rules of Appellate Procedure, because there are some amendments that are going to go into effect April 1st, 2026. Can you guys talk about that?" Rob Mattingly: Yeah. Producer Jim, that is a great question and you are correct. There are a number of Kentucky Rules of Appellate procedure. Kevin, that's hard to say, isn't it? It doesn't roll off the tongue, but they do go in effect April 1st, and that is not an April Fool's joke. Is it Kevin? Kevin Burke: Not an April Fool's joke at all. They are coming at you. They're coming at you fast. Rob Mattingly: They are. So we are sitting here, we're recording this March 18th, 2026 for those listening. And these come out April 1st, so just a couple of weeks away. So, we do have, as you know, our appellate attorney, Kevin Burke, who is back with us again today, and we're very fortunate because Kevin is actually on that committee, Jim, and was involved in writing some of these rules. So we're going to go through them. Let me tell the listeners what we plan on doing today. We are going to do this update on two parts. So we are going to have podcast Episode 16, which is going to be Part 1, and we're going to go through a portion of these new updates and that should run about 30 minutes for those keeping track of their CLE credit. Then we will do podcast Episode 17, which should also be about 30 minutes, and we will release that as a separate podcast so that you can divide up listening to them because Kevin, it's hard to keep attention for a whole hour. Kevin Burke: I understand that. That makes sense to me. Rob Mattingly: So, we will definitely divide that up. Let me do the little administrative side of this for all of our listeners, you know that June 30th, every year is the year that our CLEs as lawyers are due. This podcast will be submitted to the Bar Association episodes 16 and 17 and all of our other episodes, I would expect that it would be approved for that CLE credit. Again, 30 minutes, probably for 16 and 30 minutes, probably for 17. I would also note to our listeners that a large number of our past episodes have recently been renewed with the Kentucky Bar Association. And if you go back and look on our websites, you can see and still listen to those and get more credit for this year. So that's a pretty good, pretty good Kevin. And with that, let me tell you what happened here. So, I got an email from Kevin that said a lot of new RAP out, RAP, we need to do a podcast on that. And I thought, well, this isn't really a music podcast, but what do you want to do, Kevin? Keving Burke: That's right. I want to talk about RAP. That's what I want to talk about. Rob Mattingly: So Rules of Appellate Procedure, RAP is how they are abbreviated when you're citing them. So we are going to also play a little game where people can count the number of rap references, rap music 1980s to the present, Kevin. So stay tuned and see how many you can count throughout the podcast. So with that, let's start to move on into the first section. The Process for Amending the Rules of Appellate Procedure Alright, so let's begin by Kevin, why don't you do this? Yeah, why don't you tell the ...
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    39 mins
  • Using a Trust to Preserve Client Benefits After a Bodily Injury Settlement

    Using a Trust to Preserve Client Benefits After a Bodily Injury Settlement
    Sep 9 2025

    Episode 15: Louisville attorneys Rob Mattingly and Kevin C. Burke are happy to provide an opportunity for Kentucky continuing legal education credit. Rob and Kevin are joined by Peter H. Wayne IV, General Counsel for the Forge Companies. This is a recording of a national webinar the three of them created to assist attorneys and their clients. A full video of this webinar is available on The Legal Notepad Podcast's YouTube channel.

    Click here to view this webinar on YouTube: [insert link]

    Editor's Note: If you are an attorney and would like CLE credit for this episode, visit the Kentucky Justice Association website, click the Education and Training tab and look for the podcast.

    In Closing

    We hope you found the discussion insightful. As always, we encourage you to share this episode with your colleagues.

    You can follow our podcast on a variety of platforms including, Spotify, iHeartRadio, Amazon Music, Audible, Apple Podcasts and many more. Thanks for taking the time to listen.

    For more information about the Law Offices of DeCamillis and Mattingly, PLLC

    Address: 138 S. Third Street, Louisville, KY 40202 (across from The Old Spaghetti Factory)

    Phone: (502) 589-2822

    Website: DeCamillisMattingly.com

    To Contact Kevin Burke:

    Website: BurkeNeal.com

    Phone: (502) 709-9975

    To Contact Peter Wayne:

    Website: AdvocacyTrust.com

    Phone: (855) 879-3436

    Until next time, go find one thing you can do to change the world!

    The Kentucky Bar Association Requires Us to State "This is an advertisement."
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    1 hr and 21 mins
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