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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

Court of Appeals Internal Operating Procedures


A. Docketing of Appeal

Within a week after an appeal is docketed, a research attorney screens the docketing statement and the appellate pleadings and reviews the case to determine if (a) the Notice of Appeal was timely filed, (b) the decision is an appealable order, (c) the case is filed in the proper court, (d) a cross-appeal is timely filed, and (e) the case should be transferred to the Supreme Court. If a jurisdictional defect is found, it is brought to the attention of the motions attorney, who brings the issue to the judge who has been designated by the Chief Judge to hear motions. If indicated, a show cause order is issued to evaluate the jurisdictional issue.

B. Transfers

When screening cases for jurisdictional compliance, a research attorney considers whether an appeal should be transferred to the Supreme Court. The criteria employed for this determination are identical to those specified in K.S.A. 20-3016. Possible cases for transfer are brought to the attention of the assistant counsel or the chief counsel to the Chief Judge, either of whom prepares the transfer list for review by the Supreme Court. An appeal is also subject to transfer upon motion of a party pursuant to K.S.A. 20-3017.

C. Motions

The Chief Judge shall appoint a three-judge panel to handle motions filed with the court. The motions attorney is primarily responsible for processing these motions on cases not yet ready; for ready cases, the chief counsel to the Chief Judge brings any motions to the attention of the Chief Judge. Moreover, for ready cases that have already been assigned to a panel, the motions will be directed to the panel's presiding judge.

The motions attorney meets with the court's motions judge on duty to dispose of pending motions at least twice weekly. If the motions judge deems it necessary, a motion may be referred to the three-judge motions panel.

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