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kansas appellate practice handbook - Kansas Judicial Branch

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7-24 Appellate Procedure<br />

adverse parties, who have 14 days to serve objections or proposed<br />

amendments to the statement.<br />

The statement with objections or amendments must then be<br />

submitted to the district court judge for settlement and approval. The<br />

statement as approved must be included in the record on appeal by the<br />

district court clerk. Rule 3.04(a).<br />

Rule 3.04(b) sets out a similar process to create a substitute for an<br />

unavailable exhibit.<br />

§ 7.24 Appeal on Agreed Statement<br />

When the issues in an appeal can be determined without an<br />

examination of the evidence and proceedings in the district court, the<br />

parties may prepare and sign an agreed statement of the case. This<br />

statement must show how the questions arose, how they were decided<br />

in district court, and set out those facts essential to an <strong>appellate</strong> decision.<br />

This statement must be accompanied by copies of the judgment appealed<br />

from, the notice of appeal, and a concise statement of the issues raised.<br />

This statement must be submitted to the district court judge for<br />

approval within 21 days after filing of the notice of appeal. If the<br />

statement is approved, it is then filed with the clerk of the district court.<br />

The approved statement and inclusions constitute the record on appeal.<br />

Rule 3.05.<br />

PRACTICE NOTE: To comply with Rule 6.02(a)<br />

and Rule 6.03(a), which require citation to the record in<br />

briefs, counsel should cite to appropriate sections of the<br />

agreed statement. For this reason, numbered paragraphs<br />

are advisable in the agreed statement.<br />

§ 7.25 District Court Clerk’s Preparation of the Record on<br />

Appeal<br />

The clerk of the district court compiles the record in one or more<br />

volumes within 14 days after notice from the <strong>appellate</strong> clerk that the appeal<br />

has been docketed. Rule 3.02 sets out in detail a list of items that must be<br />

included in the record for civil and criminal cases. Documents are filed<br />

chronologically when possible, and transcripts are added when filed by<br />

the court reporter, always as separate volumes. The clerk of the district<br />

2013

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