CR 60.02 vs RCr 11.42: Understanding the Difference in...

CR 60.02 and RCr 11.42: Two Different Tools for Kentucky Post-Conviction Relief

Navigating Kentucky’s post-conviction system means understanding the tools available — and knowing when to use each one. Two of the most important remedies are the RCr 11.42 motion and the CR 60.02 motion. While both can result in overturning a conviction or sentence, they serve different purposes, have different requirements, and apply in different situations. At Clark + Harris, our attorneys serving Lexington, Louisville, and all of Kentucky help families understand which remedy — or combination of remedies — is right for their loved one’s case.

Purpose and Scope

RCr 11.42 is the primary post-conviction remedy under the Kentucky Rules of Criminal Procedure. It is specifically designed to address constitutional violations in criminal cases, including ineffective assistance of counsel, involuntary guilty pleas, jurisdictional defects, and sentences that exceed the statutory maximum. It is the go-to remedy for the vast majority of post-conviction claims.

CR 60.02, on the other hand, is a provision of the Kentucky Rules of Civil Procedure that has been adapted for use in criminal cases. It provides relief from final judgments in extraordinary circumstances, including newly discovered evidence, fraud, perjury, void judgments, and other extraordinary reasons. It is intended to serve as a safety valve for situations that fall outside the scope of RCr 11.42.

Key Differences in Application

The most fundamental difference is that CR 60.02 cannot be used as a substitute for RCr 11.42. Claims that fall within the scope of RCr 11.42 — particularly ineffective assistance of counsel claims — must be raised under that rule and cannot be repackaged as CR 60.02 motions. Kentucky courts strictly enforce this prohibition to prevent defendants from using CR 60.02 to circumvent the procedural requirements and time limitations of RCr 11.42.

The time limitations also differ significantly. RCr 11.42 motions must be filed within three years of the judgment becoming final. CR 60.02 motions under subsections (a), (b), and (c) must be filed within one year, while motions under subsections (d), (e), and (f) must be filed within a reasonable time. The flexibility of the reasonable time standard under CR 60.02(f) can be advantageous in certain situations, particularly when the grounds for relief were not discovered until after the RCr 11.42 deadline passed.

The standard of proof and standard of review also differ. RCr 11.42 claims are evaluated under the specific constitutional standards applicable to each type of claim — for example, the Strickland standard for ineffective assistance. CR 60.02 decisions are reviewed for abuse of discretion, giving trial courts broader latitude.

When Each Remedy Is Appropriate

Use RCr 11.42 when the claim involves ineffective assistance of counsel, constitutional violations during the trial or plea process, jurisdictional defects, or sentences exceeding the statutory maximum. These claims should be raised in an RCr 11.42 motion, and failure to do so may result in waiver of the claims for all purposes.

Use CR 60.02 when the claim involves newly discovered evidence that was not available during the RCr 11.42 process, fraud upon the court, perjured testimony, a void judgment, or other truly extraordinary circumstances that were not and could not have been addressed through RCr 11.42.

Can You File Both?

Yes, in some circumstances, a defendant may pursue both RCr 11.42 and CR 60.02 relief — but not for the same claims. The two remedies can be complementary when a case involves both typical post-conviction issues suitable for RCr 11.42 and extraordinary circumstances appropriate for CR 60.02. However, attempting to use CR 60.02 to raise claims that belong under RCr 11.42 will result in denial.

Strategic Considerations

Choosing the right remedy requires careful analysis of the specific facts and legal issues in each case. Families across Lexington, Louisville, and the Commonwealth should consult with an experienced post-conviction attorney who can evaluate the claims and determine the most effective approach. The wrong choice can result in waiver of meritorious claims or procedural default that prevents future review.

Expert Guidance From Clark + Harris

At Clark + Harris, we evaluate every post-conviction case comprehensively, identifying all available remedies and developing a strategy that maximizes the chances of success. Our attorneys serving Lexington, Louisville, and all of Kentucky understand the nuances of both RCr 11.42 and CR 60.02 and know how to use each tool effectively.

If your loved one is behind bars in Kentucky, time is critical. Call Clark + Harris today at 859-474-0001 for a free consultation. We will help you understand which remedy is right for your situation.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful:

CR 60.02 vs RCr 11.42: Understanding the Difference in Kentucky