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Rule 2.03

Rule 2.03: Premature Notice of Appeal

Section Appellate Practice
(a)   When a Premature Notice of Appeal is Effective. A notice of appeal that complies with K.S.A. 60-2103(b)—filed after a judge of the district court announces a judgment to be entered, but before the actual entry of judgment—is effective as notice of appeal under K.S.A. 60-2103 if it identifies the judgment or part of the judgment from which the appeal is taken with sufficient certainty to inform all parties of the rulings to be reviewed on appeal.

(b)   Timing of a Notice of Appeal Challenging Certain Posttrial Motions. A party intending to challenge an order disposing of any of the following motions, or a judgment’s alteration or amendment upon such a motion, must file a notice of appeal—in compliance with these rules—no later than 30 days after the entry of the order disposing of the last such remaining motion:

(1)   for judgment under K.S.A. 60-250(b);

(2)   to amend or make additional factual findings under K.S.A. 60-252(b), whether or not granting the motion would alter the judgment;

(3)   to alter or amend the judgment under K.S.A. 60-259;

(4)   for a new trial under K.S.A. 60-259; or

(5)   for relief under K.S.A. 60-260 if the motion is filed no later than 28 days after the judgment is entered.

[History: Restyled rule and amended effective July 1, 2012.]

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