kansas appellate practice handbook - Kansas Judicial Branch

7-34 Appellate Procedure
right portion of the front cover of the party’s initial brief, followed by the
desired amount of time. Rule 7.01(e)(2); Rule 7.02(f)(2). See § 12.36, infra.
If the appeal is granted additional oral argument time, it will be indicated
on the docket sheet.
§ 7.40 Suggesting a Hearing Location Before the Court of
Appeals
Because panels of the Court of Appeals hold oral arguments
throughout the state, a party may file a suggestion requesting that its
appeal be heard in a particular location. The suggestion should be filed
no later than the deadline for filing the appellee’s brief. Rule 7.02(d)(3).
§ 7.41 Notice of Hearing Date
At least 30 days before the hearing date, the clerk of the appellate
courts will notify the parties or their counsel of the time and location of
the hearing by mailing a copy of the hearing docket. Rule 7.01(d); Rule
7.02(e). The amount of time set aside for argument will be indicated on
the docket sheet.
PRACTICE NOTE: The appellate courts assume
attorneys will be available on the date and time an
argument is scheduled. If a conflict cannot be resolved,
contact the Chief Judge’s Office for Court of Appeals
dockets or the clerk of the appellate courts for Supreme
Court dockets. The courts are more likely to agree
to change a time than to remove an appeal from the
docket. The best practice is to notify the clerk of the
appellate courts in advance of known conflicts with
scheduled hearing dates in either the Court of Appeals
or the Supreme Court and avoid having a case set on a
date when the attorney is not available.
§ 7.42 Procedure at Oral Argument
In the Supreme Court, the clerk of the appellate courts or the clerk’s
designee calls the daily docket in open court at the beginning of each day’s
session. Failure of a party’s counsel to be present at the call of the day’s
docket constitutes a waiver of oral argument. Rule 7.01(d).
2013