kansas appellate practice handbook - Kansas Judicial Branch

Appellate Procedure 7-27
PRACTICE NOTE: Attorneys are often surprised
when large exhibits that have been added to the record
are not automatically forwarded to the appellate courts.
The appellate court, on the other hand, often does not
know that the exhibit has been made a part of the record
on appeal. Remember that exhibits are in the custody of
the court reporter, and you should contact the district
court clerk and the court reporter about transportation
arrangements for large or bulky exhibits.
Before a record is transmitted to the clerk of the appellate courts, a
party may file a written request with the district court clerk that part or all
of the record on appeal be duplicated, and such duplication be retained
by the district court clerk. Upon advance payment for such duplication,
the clerk of the district court must copy those portions requested and
then transmit the originals. Rule 3.08.
VII. CONSOLIDATION OF APPEALS
§ 7.28 Generally
Under Rule 2.06, two or more appeals may be consolidated into
one appellate proceeding if one or more issues common to the appeals
are so nearly identical that a decision in one appeal would appear to be
dispositive of all the appeals, or the interest of justice would otherwise
be served by consolidation. See § 12.21, infra. An appellate court may
order consolidation upon a party’s motion under Rule 5.01, or on its own
motion after notice to the parties to show cause why the appeals should
not be consolidated. If consolidation is ordered, further proceedings in
the consolidated appeal are conducted under the lowest appellate case
number.
PRACTICE NOTE: A motion to consolidate should
state with specificity the grounds for consolidation.
Some grounds to consider are any factual similarities, the
types of issues, whether the same parties are involved,
and whether judicial economy will be served by the
consolidation. In addition, a party should consider the
status of each case. For example, if one case is ready
for hearing and the other case was recently docketed,
the court may be reluctant to consolidate the appeals.
2013