kansas appellate practice handbook - Kansas Judicial Branch

7-22 Appellate Procedure
unless specifically requested). However, counsel for both parties should
make a good faith effort to stipulate when possible to avoid unnecessary
expenses. A refusal to stipulate may be considered by the appellate court
in apportioning costs under Rule 7.07(d). Rule 3.03(a).
PRACTICE NOTE: The request for transcript must be
clearly designated “for appeal purposes.” Rule 3.03(a).
Within 14 days after service of appellant’s request for transcript, the
appellee may request a transcript of any hearing not requested by the
appellant. The appellee is responsible for payment for such additional
transcripts, just as the appellant is responsible for payment of the main
transcript. Rule 3.03(c).
PRACTICE NOTE: Additional transcripts may
be requested outside these time frames; however, if
a briefing schedule has been set, it will not be stayed
automatically during transcript preparation. A party
would need to file a motion to stay briefing.
The request for transcript(s) should reflect the judicial district case
number, the division of the district court, the date(s) of the hearing, and
the name of the court reporter. See § 12.19, infra. The request must be
filed in the district court and served on the court reporter and all parties.
A copy of the request and any agreed upon stipulations must be filed with
the appellate court clerk when the appeal is docketed under Rule 2.04.
Rule 3.03(d).
PRACTICE NOTE: The original of any transcript
request is filed with the district court, with service on
the court reporter and all parties. Delay can occur if the
wrong court reporter is served. If you are unsure who
to serve, check with the clerk of the district court. Rule
354 requires the district court judge to have entered
on the appearance/trial docket the name of the court
reporter taking notes of any proceeding. Remember
that a copy of the request for transcript must be filed
with the appellate clerk at the time of docketing.
Within 14 days of receipt of a request for transcript, a court
reporter may demand prepayment of the estimated cost of the transcript.
(No advance payment may be required of the state or its agencies or
2013