kansas appellate practice handbook - Kansas Judicial Branch

Appellate Procedure 7-35
PRACTICE NOTE: Although the docket is not called
at the beginning of each day’s session before panels of
the Court of Appeals, counsel are expected to be present
at the start of the docket.
The amount of oral argument time allotted to each side is indicated
on the oral argument calendar. Rule 7.01(e)(1); Rule 7.02(f)(1). If, however,
there are multiple parties on either side that are not united in interest and
are separately represented, the court on motion will allot time for separate
arguments. Parties that are united in interest should divide the allotted
time among themselves by mutual agreement. If the parties cannot agree
on division of time, such questions should be settled by motion prior to
the hearing date. Rule 7.01(e)(5); Rule 7.02(f)(5).
PRACTICE NOTE: When the Supreme Court sits
in its courtroom in Topeka, the clerk operates a timer
which tracks the oral argument time remaining. The
timer is located on the podium and is visible to the
speaking party. However, parties must keep track of
their own time when appearing before a panel of the
Court of Appeals.
The appellant may reserve for rebuttal a portion of the time granted
by making an oral request at the time of the hearing. Rule 7.01(e)(3); Rule
7.02(f)(3).
PRACTICE NOTE: If an appellant wants to reserve
rebuttal time, it should be requested at the start of
appellant’s oral argument, or it may be considered
waived. A cross-appellant is not ordinarily permitted to
reserve rebuttal time.
Parties who fail to file a brief will not be permitted oral argument.
Rule 7.01(e)(1); Rule 7.02(f)(1). Out-of-state attorneys may be permitted
to argue if the court grants a motion for admission pro hac vice prior to the
argument date. See Rule 1.10.
During the hearing, the court on its own may extend the time for
oral argument. Rule 7.01(e)(4); Rule 7.02(f)(4).
2013