kansas appellate practice handbook - Kansas Judicial Branch

Appellate Procedure 7-39
§ 7.47 Timing of Petition for Review
The petition for review must be filed within 30 days of the filing of
the Court of Appeals opinion. This 30‐day period is jurisdictional, and
the 3-day mail rule does not apply. K.S.A. 20-3018(b); Rule 8.03(a)(1);
Kargus v. State, 284 Kan. 908, 925, 169 P.3d 307 (2007). The petitioner
must file the original and nine copies of the petition with the clerk of the
appellate courts, and attach a copy of the Court of Appeals opinion to
the petition. Rule 8.03(a)(1).
PRACTICE NOTE: The filing of a motion for
rehearing in the Court of Appeals under Rule 7.05 does
not extend the 30-day jurisdictional time period for filing
a petition for review.
§ 7.48 Content of Petition for Review
The petition for review must contain the following items in order:
a clear prayer for review; date of the Court of Appeals decision; a clear
statement of the issues decided by the Court of Appeals of which review
is sought; a short statement of relevant facts; a short argument including
authority stating the reason review is warranted; and an appendix
containing a copy of the Court of Appeals decision. Rule 8.03(a)(4).
The appendix also must include copies of other documents from the
appellate record that are relevant to the issues presented for review. See
Rule 8.03(a)(4)(F).
PRACTICE NOTE: The purpose of the petition,
cross-petition, response, and reply is to identify the
reason the Supreme Court should exercise its discretion
to grant or deny review. Rule 8.03(e)(3). That purpose is
not served if the filings merely repeat arguments made
to the Court of Appeals.
§ 7.49 Grant or Denial of Review
The Supreme Court considers several factors in determining whether
to grant review: the public importance of the question presented; the
existence of a conflict between the Court of Appeals decision and prior
appellate decisions; the need for exercising Supreme Court supervisory
authority; and the final or interlocutory character of the opinion to be
reviewed. K.S.A. 20‐3018(b).
2013