Appellate Practice Reminders

• Jurisdiction: Kansas,United States
• Citation: Vol. 77 No. 6 Pg. 33
• Pages: 33
• Publication year: 2008

Appellate Practice Reminders No. 77 J. Kan. Bar Assn 6, 33 (2008) Kansas Bar Journal June, 2008

From the Appellate Court Clerk' Office

Petitions for Review of Court of Appeals Decisions

Any party filing a petition for review of a Court of Appeals decision should carefully review the procedural steps in Supreme Court Rule 8.03 (2007 Kan. Ct. R. Annot. 63-69), which governs those filings.

The practitioner should note, in particular:

The "decision" from which review may be sought includes formal or memorandum opinions, involuntary dismissals, and orders. Most petitions are filed from opinions, but occasionally an order of the Court of Appeals is reviewed. For example, a case may be dismissed on jurisdictional grounds by order.

The petition for review must be served and filed in the Appellate Clerk's Office within 30 days after the decision of the Court of Appeals. There is no three-day mail time, and the 30-day period is jurisdictional. One cannot file a motion to extend the time. The filing of a motion for rehearing or modification in the Court of Appeals does not extend the time.

An original and nine copies of the petition are filed. The ninth copy of the petition is circulated to the Court of Appeals.

Pursuant to the Supreme Court's Internal Operating Procedures, the vote of three justices is sufficient to grant...