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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

Written Opinions

A. Assignment of Cases. All cases docketed for oral argument shall be assigned by the Chief Justice for presentation in conference and opinion writing.
B. Dissents. When the justice to whom a case has been assigned dissents from the decision reached by the majority in conference, that case shall be reassigned to the justice voting with the majority in the descending order of seniority who in turn shall then assign one of his or her cases to the other justice in exchange. If the case was originally assigned to the most junior justice and must be reassigned, it shall be reassigned to the chief justice or the justice next in seniority to the chief justice voting with the majority. A written dissent stating its rationale shall be prepared and filed in the case by the justice to whom the case was originally assigned.
C. Priority to Dissents and Concurring Opinions. When a justice desires to write a dissent or concurrence on any opinion, first priority should be given the dissent or concurrence before work on other matters or cases assigned to the justice.
D. Circulation and Approval. All written opinions and orders when prepared in final form by any justice shall be circulated among the justices for their comments and suggestions. When a written dissent or concurrence is attached, the original opinion and the dissent or concurrence shall be returned to the justice writing the opinion and then both shall be circulated to all justices.
E. Reconferencing. When the justice to whom a case has been assigned for opinion writing feels compelled to change the result reached in conference, the case shall be reconferenced.
V. Motions for Rehearing or Modification (Rule 7.06)
When a motion for rehearing or modification is filed with respect to any written opinion of the Supreme Court, the Clerk shall deliver the original and one copy of the motion to the justice who wrote the original opinion. Copies of the motion shall be delivered to the other justices. All copies shall have a notation at the top in red ink denoting the name of the justice who wrote the original opinion and the date the motion was filed. Responses, if any, and any other pleadings shall be stamped and circulated in the same manner as the original motion.
When the time for response has expired, the justice who wrote the original opinion shall study the matter and prepare to present the same in a conference of the entire court for final disposition of the motion. The vote of four justices shall be necessary to either grant or deny a motion for rehearing or modification.
VI. Miscellaneous
For good cause shown, any assignment to an individual justice may be reassigned by the Chief Justice or by the presiding justice to any other justice.
Justices shall be attentive to the prompt and regular attendance of all court sessions and conferences and shall hold themselves available for call at all times. When a justice is absent from the court, information as to the place where the justice can be reached should be made available in his or her office and to the Chief Justice.
All discussions, comments, and deliberations of the court shall be kept in strict confidence. Copies of all writings and papers concerning court matters should be treated as court confidences. Positions and arguments by the court or its members will be disclosed only through the orders of the court. The confidences of the court shall be applicable not only to the justices but also to all court staff and personnel. Each justice shall be responsible for advising the members of his or her staff of the confidential nature of their work.
Communications to or from parties concerning any matter before the court should be channeled through the Clerk and should not be addressed to or signed by any individual justice. Justices should avoid all conversations with attorneys, parties, the news media, and all other persons concerning any matter that is or might become a pending matter for court consideration.
If a justice is disqualified or otherwise recuses himself or herself from any cause or proceeding, he or she shall be excused from the bench at the time the matter is heard, and shall be excused from the conference room at the time the matter is under consideration.

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