kansas appellate practice handbook - Kansas Judicial Branch

Appellate Procedure 7-11
Sunday or legal holiday. “Legal holiday” includes holidays designated by
the president or congress of the United States or the legislature of this
state, or observed as holidays by order of the Kansas Supreme Court.
K.S.A. 60-206(a)(6).
To avoid shortening statutory deadlines, the legislature extended most
10‐day time periods to 14 days. The legislature also extended many time
periods of three or five days to seven days. The Kansas Supreme Court
similarly amended the time periods contained in the Kansas Supreme
Court Rules effective July 1, 2010.
Most judgments and orders now are served by first class mail, although
they can also be served by fax or by electronic means if authorized by court
rule. K.S.A. 60-205(b). Rule 1.05(c) allows the parties to make a written
agreement to effect service by electronic means. Whenever a party has
the right or is required to do some act within a prescribed period after the
service of a notice or other paper by mail, fax or e-mail, 3 mailing days
are added to the period of time. K.S.A. 60‐206(d). This rule also applies
to judgments. Danes v. St. David’s Episcopal Church, 242 Kan. 822, 825‐27,
752 P.2d 653 (1988). These mailing days are calendar days.
Note that the 3‐day mailing rule applies only when the measuring
event is service. For example, the mail rule does not apply to petitions
for review because Rule 8.03(a)(1) requires the petition to be served and
filed within 30 days after the date of the decision of the Court of Appeals,
not within 30 days after the date of service of the decision. Therefore,
even if the opinion is mailed, the 30 days will be counted from the date
of decision. Motions for rehearing or modification in the Supreme Court
and Court of Appeals likewise count time from the date the decision is
filed. Rules 7.05 and 7.06.
PRACTICE NOTE: The 30-day time limit to file a
petition for review is jurisdictional. Rule 8.03(a)(1).
2013