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Kansas Judicial Branch

Clerk of the Appellate Courts
Kansas Judicial Center
301 SW 10th Avenue, Room 374
Topeka Kansas 66612-1507
Telephone:  785.296.3229
Fax:  785.296.1028
Email: appellateclerk@kscourts.org

Rules Adopted by the Supreme Court

Rules Relating to Supreme Court, Court of Appeals, and Appellate Practice

Supreme Court Internal Operating Procedures

Petitions for Review of Court of Appeals Decisions (Rule 8.03)

A. Method of Assignment. Petitions for review of Court of Appeals decisions when filed in the office of the Clerk of the Appellate Courts shall be assigned for consideration and suggested disposition to justices. An in-house record of each petition and the name of the justice to whom it has been assigned shall be kept. Responses, if any, and all other pleadings filed subsequent to the petition for review shall be marked and distributed in the same manner as the petition.

When the time for response has expired, the justice to whom the petition for review has been assigned shall study the petition, response, if any, and all other pleadings, and arrive at a recommendation for action thereon. The justices shall consider the recommendation and take final action on the petition.

The vote of three justices shall be sufficient to grant any petition for review of a Court of Appeals decision.

B. Consideration. Any party may appeal to the Supreme Court as a matter of right from a final decision of the Court of Appeals whenever a question under the Constitution of either the United States or the State of Kansas arises for the first time as a result of such decision. (K.S.A. 60-2101[b].) The review of other decisions of the Court of Appeals shall be at the discretion of the Supreme Court. The considerations upon which such discretion is exercised shall include: (1) the general importance of the question presented; (2) the existence of a conflict between the decision sought to be reviewed and a prior decision of either the Supreme Court or the Court of Appeals; (3) the need for exercising the supervisory authority of the Supreme Court; and (4) the final or interlocutory character of the judgment, order, or ruling sought to be reviewed. (K.S.A. 20-3018[b].)
C. Procedure on Granting Review. When a petition for review is granted, the case shall be handled as provided in Rule 8.03. Unless the order granting the petition for review states otherwise, the Supreme Court shall consider all issues properly before the Court of Appeals that the petition for review or cross-petition allege were decided erroneously by the Court of Appeals. In civil cases, other issues presented to the Court of Appeals that have been preserved for review may also be considered. Such cases shall be docketed for oral argument and assigned for presentation in conference and opinion writing under the practice followed for other appeals to the Supreme Court.
D. When Review Denied. The denial by the Supreme Court of a petition for review of a Court of Appeals decision imports no expression of opinion upon the merits of the case.
E. Review Improvidently Granted. If the court determines that review has been improvidently granted, a per curiam opinion may be issued stating that the petition for review was improvidently granted and the opinion of the Court of Appeals is approved, or the disposition of the case is approved.

See also: Rule 1001 - Electronic and Photographic Media Coverage of Judicial Proceedings