Appellate Practice Reminder

• Publication year: 2010
• Pages: 42

Appellate Practice Reminder No. 79 J. Kan. Bar Assn 4, 42 (2010) Kansas Bar Journal April, 2010

From the Appellate Court Clerk's Office

Be Aware of Response Times and How They are Counted

Attorneys are often surprised by the amount of time that must pass before the Supreme Court or Court of Appeals can rule on a motion. The response time for most motions is five days under Rule 5.01 (2009 Kan. Ct. R. Annot. 33). The respective court will count five business days, beginning the day after the motion is filed and then add three calendar days for mailing. The computation of time in the appellate courts follows K.S.A. 60-206(a) and (d). See Rule 1.05(c) (2009 Kan. Ct. R. Annot. 5).

The most common motions that have a five-day response time are, of course, motions for extension of time to file an appellate brief. A motion to take a civil interlocutory appeal also follows the five-day rule. See Rule 4.01 (2009 Kan. Ct. R. Annot. 30-31). A motion for involuntary dismissal, however, has a 10-day response time under Rule 5.05 (2009 Kan. Ct. R. Annot. 35). Count the response time and calendar it accordingly.

If time is of the essence, the attorney can speed the process by requesting that adverse...