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Rule 4.01
Interlocutory Appeals

Interlocutory Appeals in Civil Cases

When an appeal is sought under the provisions of K.S.A. 60-2102(c) an application for permission to take such an appeal shall be served within ten (10) days after the filing of the order from which an appeal is sought to be taken. The order may be amended to include the findings required by K.S.A. 60-2102(c) provided a motion to amend is served and filed within ten (10) days of the filing of the order, and the application for permission to take an appeal may be served within ten (10) days after filing of the amended order. An original and three (3) copies of the application shall be filed with the clerk of the appellate courts in addition to the docket fee required by Rule 2.04. The application shall be docketed as a regular appeal to the court of appeals. The application shall: (a) state the relevant facts, including the nature and a brief history of the proceedings in the district court with all the important dates, and (b) have annexed thereto a certified copy of the order from which the appeal is sought to be taken and in which the judge of the district court makes the findings required by K.S.A. 60-2102(c), and(c) state briefly the controlling question of law which the order is believed to involve, the ground for the difference of opinion with respect thereto which is believed to be substantial, and the basis for belief that an immediate appeal may materially advance the ultimate termination of the litigation. Any adverse party may within five (5) days after service thereof serve a response thereto. The application and response shall be submitted without oral argument. If permission to appeal is granted, the notice of appeal shall be filed in the district court within the time fixed by K.S.A. 60-2103, for taking an appeal or within ten (10) days after permission to appeal is granted, whichever is later. Within ten (10) days after such filing, a certified copy of the notice of appeal, a copy of any request for transcript or statement that no transcript will be requested, and an original and one copy of the docketing statement required by Rule 2.041 shall be filed with the clerk of the appellate courts. The appeal shall thereupon be deemed docketed. In such case no additional docket fee shall be charged and the record on appeal shall be filed under the same docket number.

[History: Am. effective July 1, 1982; Am. effective February 20, 1985; Am. effective February 8, 1994; Am. effective July 1, 1997.]