kansas appellate practice handbook - Kansas Judicial Branch

Appellate Procedure 7-41
§ 7.52 Procedures Following Granting of Review
If review is granted, the Supreme Court may limit the issues to be
considered or may, in civil appeals, consider other issues presented to the
Court of Appeals and preserved for review. Rule 8.03(g)(1) and (h)(4).
Unless the court orders otherwise, the issues subject to review will be
considered on the basis of the record and briefs filed in the Court of
Appeals and, within 14 days of the date of the order granting review, the
parties must file an additional ten copies of the brief(s) originally filed in
the Court of Appeals. Rule 8.03(g)(2).
Within 30 days after the order granting review, any party may file a
supplemental brief. Any opposing party then has 30 days to file a response
brief. Supplemental briefs are limited to one half the page limits set out
in Rule 6.07 and follow the same color scheme used for original briefs.
Supplemental briefs should not repeat material contained in the Court
of Appeals briefs. Sixteen copies of a supplemental brief must be filed
with the clerk of the appellate courts and two copies served on opposing
counsel. See Rules 6.09(a) and 8.03(g)(3).
§ 7.53 Oral Argument
The party whose petition for review was granted argues first in the
Supreme Court and may reserve time for rebuttal. Rule 8.03(g)(4).
§ 7.54 Effect on Mandate
Timely filing of a petition for review will stay the issuance of the
mandate by the Court of Appeals. Rule 8.03(i). During the period for
filing a petition for review and while the petition for review is pending,
the Court of Appeals opinion has no force or effect and the mandate
will not issue until disposition of the appeal on review. If a petition for
review is granted in part, a combined mandate will issue when appellate
review is concluded, unless otherwise directed by the Supreme Court.
Rule 8.03(i).
PRACTICE NOTE: Care should be taken when citing
a Court of Appeals opinion for persuasive authority
before the mandate has issued. The citation to any such
decision must note that the decision is not final and may
be subject to review or rehearing. See Rule 8.03(i).
2013