kansas appellate practice handbook - Kansas Judicial Branch

Appellate Procedure 7-37
PRACTICE NOTE: When citing an unpublished
opinion, a party must attach the opinion to any
document, pleading, or brief that cites the opinion.
Rule 7.04(g)(2)(C). When citing an unpublished opinion
from another jurisdiction, a party should include that
jurisdiction’s rule which allows citation.
By citing Rule 7.041 and the controlling decision, the appellate court
may summarily dispose of an appeal that appears to be controlled by a
prior appellate decision. The court may do this on its own motion or
upon the motion of a party. When the court decides on its own to issue
an order summarily disposing of the appeal, the clerk notifies the parties
of the proposed disposition and the parties then have 14 days to show
cause why the order should not be filed. Rule 7.041(a). If a party moves
for summary disposition under Rule 7.041(b), the motion must be served
on all parties, and the nonmoving parties may file a response no later than
14 days after being served. Rule 7.041(b).
An appellate court may also affirm by summary opinion if it
determines after arguments or submission on the briefs that no reversible
error of law appears and one of the six conditions under Rule 7.042(b)
applies.
§ 7.44 Motion for Rehearing or Modification
A motion for rehearing or modification of a Court of Appeals case
may be served and filed no later than 14 days after the decision is filed.
Rule 7.05(a). A motion for rehearing or modification of a Supreme Court
case may be served and filed no later than 21 days after the decision is
filed. Rule 7.06(a). The motion for rehearing or modification should be
concise and clearly identify the points of law or fact by which the movant
feels the court has erred, overlooked, or misunderstood. See § 12.33,
infra. A copy of the appellate court’s opinion must be attached to the
motion. Rule 7.05(a); Rule 7.06(a).
The timely filing and service of a motion for rehearing or modification
in an appellate court stays the issuance of a mandate until the appellate
court rules on the issues raised by the motion. Rule 7.05(b); Rule 7.06(b).
An order granting rehearing suspends the effect of the original decision
until the matter is decided on rehearing. Rule 7.05(c); Rule 7.06(c). See
Martinez v. Milburn Enterprises, Inc., 290 Kan. 572, 614-15, 233 P.3d 205
(2010) (Johnson, J., concurring) (discussing effect of Rule 7.06 when
rehearing is granted).
2013