kansas appellate practice handbook - Kansas Judicial Branch

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7-44 Appellate Procedure find the transcript was prepared as the result of an unreasonable refusal to stipulate, pursuant to a written request and in accordance with Rule 3.03, to the preparation of less than a complete transcript of the proceedings in the district court. Rule 7.07(d). XIV. MANDATE § 7.59 Generally The mandate is the final, formal order of the appellate court to the district court, disposing of the judgment of the district court and assessing costs. It is the judgment of the appellate court but is enforced through the district court. The clerk of the appellate courts issues the mandate to the clerk of the district court for filing, accompanied by a certified copy of the opinion. See K.S.A. 60‐2106(c); Rule 7.03. Copies of the mandate are not sent to counsel. § 7.60 Supreme Court Mandates from the Supreme Court are issued 7 days after the 21- day time period to file a motion for rehearing or modification passes; the entry of an order denying a motion for rehearing or modification; or any other event that finally disposes of an appeal. See 7.03(b)(1)(A). If a motion for rehearing or modification is granted, the mandate is issued in conjunction with the decision on the rehearing. § 7.61 Court of Appeals Mandates from the Court of Appeals are held for 30 days to allow for the filing of a motion for rehearing (14‐day time limit under Rule 7.05) or a petition for review (30-day time limit under Rule 8.03). If a rehearing is granted, the mandate is held 30 days after the new opinion is filed to allow for a petition for review. Filing a timely petition for review stays the issuance of a mandate. Rule 8.03(i). If review is denied, the mandate issues on the date of denial. Rule 8.03(f). If the petition for review is granted, the mandate is stayed until the Supreme Court files its opinion and the time for a motion for rehearing by that court has passed. 2013
Appellate Procedure 7-45 § 7.62 Stays After Decision When a party seeks review in the United States Supreme Court, it may be necessary to stay the decision of the state appellate court to preserve the status quo or prevent mootness. A motion to stay the issuance of the mandate should be sought in the court that issued the decision and will be issuing the mandate. When a petition for review of a Court of Appeals decision has been denied by the Kansas Supreme Court, the motion for stay should be addressed to the Court of Appeals. Ordinarily, a party must seek a stay from the state court before the United States Supreme Court will entertain an application for a stay. See United States Supreme Court Rule 23(3). If the stay is granted before the mandate is issued, the clerk of the appellate courts will hold the mandate. If the mandate has already been filed with the district court, the appellate court can enter an order recalling the mandate from the district court in order to rule on the motion for stay. 2013
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Kansas Appellate Practice Handbook
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PREFACE The authors and editors of
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TABLE OF CONTENTS Chapter 1 HISTORY
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IV. APPELLATE JURISDICTION IN JUVEN
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III. STAYS PENDING APPEAL § 7.10 G
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Chapter 8 STANDARDS AND SCOPE OF AP
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§ 11.5 Complaints.................
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Appendix A JUSTICES AND JUDGES OF T
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History of the Appellate Courts 1-
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Personnel of the Appellate Courts 2
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Personnel of the Appellate Courts 2
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Internal Operating Procedures 3- CH
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Internal Operating Procedures 3- ro
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Internal Operating Procedures 3- al
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Internal Operating Procedures 3- th
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Original Actions in the Appellate C
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Appellate Jurisdiction 5- CHAPTER 5
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Appellate Jurisdiction 5- v. Cheeve
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Appellate Jurisdiction 5- unnecessa
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Appellate Jurisdiction 5- provided
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Appellate Jurisdiction 5- be consid
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Appellate Jurisdiction 5-11 § 5.8
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Appellate Jurisdiction 5-13 Departm
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Appellate Jurisdiction 5-15 ability
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Appellate Jurisdiction 5-17 A sente
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Appellate Jurisdiction 5-19 268 Kan
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Appellate Jurisdiction 5-21 ▪ ▪
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Appellate Jurisdiction 5-23 ▪ ▪
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Appellate Jurisdiction 5-25 Petrole
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Appellate Jurisdiction 5-27 The den
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Appellate Jurisdiction 5-29 Topeka,
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Appellate Jurisdiction 5-31 Other s
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Appellate Jurisdiction 5-33 An orde
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Appellate Jurisdiction 5-37 K.S.A.
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Appellate Jurisdiction 5-41 order,
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Appellate Jurisdiction 5-43 (4) upo
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Appellate Jurisdiction 5-45 to demo
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Judicial Review of Agency Decisions
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Page 95 and 96: Judicial Review of Agency Decisions
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Page 111 and 112: Appellate Procedure 7- custody and
Page 113 and 114: Appellate Procedure 7-11 Sunday or
Page 115 and 116: Appellate Procedure 7-13 § 7.12 Ch
Page 117 and 118: Appellate Procedure 7-15 IV. DOCKET
Page 119 and 120: Appellate Procedure 7-17 ▪ Under
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Page 129 and 130: Appellate Procedure 7-27 PRACTICE N
Page 131 and 132: Appellate Procedure 7-29 The origin
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Page 135 and 136: Appellate Procedure 7-33 The court
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Page 145: Appellate Procedure 7-43 § 7.58 At
Page 149 and 150: Standards and Scope of Appellate Re
Page 165 and 166: Brief Writing 9- CHAPTER 9 Brief Wr
Page 167 and 168: Brief Writing 9- ▪ ▪ ▪ A brie
Page 169 and 170: Brief Writing 9- but must also incl
Page 171 and 172: Brief Writing 9- § 9.6 Brief of Am
Page 173 and 174: Brief Writing 9- Any motion to exce
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Page 181 and 182: Oral Argument 10- yourself what the
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Page 185 and 186: Oral Argument 10- may prove helpful
Page 187 and 188: Oral Argument 10- Humor works less
Page 189 and 190: Disciplinary Proceedings 11- CHAPTE
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Page 193 and 194: Disciplinary Proceedings 11- § 11.
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Disciplinary Proceedings 11- PRACTI
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Disciplinary Proceedings 11-11 § 1
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Disciplinary Proceedings 11-13 ▪
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Disciplinary Proceedings 11-15 When
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Disciplinary Proceedings 11-17 Gers
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Disciplinary Proceedings 11-19 An e
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Disciplinary Proceedings 11-21 II.
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Disciplinary Proceedings 11-23 The
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Disciplinary Proceedings 11-25 incl
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Disciplinary Proceedings 11-27 file
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Forms 12- CHAPTER 12 Forms § 12.1
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Forms 12- CERTIFICATE OF SERVICE I
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Forms 12- § 12.2 Petition for Judi
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Forms 12- CERTIFICATE OF SERVICE I
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Forms 12- § 12.3 Petition for Judi
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Forms 12-11 CERTIFICATE OF SERVICE
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Forms 12-13 § 12.4 Request for Cer
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Forms 12-15 § 12.5 Notice of Appea
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Forms 12-17 § 12.6 Notice of Appea
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Forms 12-19 § 12.7 Notice of Cross
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Forms 12-21 § 12.8 Fax Transmissio
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Forms 12-23 § 12.9 Motion for Rele
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Forms 12-25 § 12.10 Docketing Stat
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Forms 12-27 i. Are there any procee
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Forms 12-33 4. Constitutional Chall
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Forms 12-35 § 12.13 Answer to Dock
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Forms 12-37 § 12.14 Motion to Dock
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Forms 12-39 § 12.15 Admission Pro
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Forms 12-41 § 12.16 Admission Pro
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Forms 12-43 PRACTICE NOTE: The out-
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Forms 12-45 § 12.17 Entry of Appea
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Forms 12-47 § 12.18 Motion to With
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Forms 12-49 § 12.19 Request for Tr
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Forms 12-51 § 12.20 Request for Ad
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Forms 12-53 § 12.21 Motion to Cons
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Forms 12-55 § 12.22 Motion to Tran
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Forms 12-57 § 12.23 Motion for Ext
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Forms 12-59 § 12.24 Motion to Imme
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Forms 12-61 § 12.25 Motion to Exce
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Forms 12-63 § 12.26 Motion to Corr
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Forms 12-65 § 12.27 Motion to Subs
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Forms 12-67 § 12.28 Motion to Subs
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Forms 12-69 § 12.29 Notice of Volu
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Forms 12-71 § 12.30 Motion for Inv
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Forms 12-73 § 12.31 Application to
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Forms 12-75 § 12.32 Suggestion for
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Forms 12-77 § 12.33 Motion for Mod
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Forms 12-79 § 12.34 Motion for Att
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Forms 12-81 § 12.35 Briefing Check
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Forms 12-83 □ Have the parties be
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Forms 12-85 § 12.36 Sample Brief N
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Forms 12-87 1 Nature of the Case A
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Forms 12-89 3 court had read were,
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Forms 12-91 5 of their possession,
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Forms 12-93 7 the facts before it w
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Forms 12-95 9 money from the cash r
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Forms 12-97 11 In Schoonover, our S
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Forms 12-99 13 was “unclear from
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Forms 12-101 15 a unanimous verdict
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Forms 12-103 17 Certificate of Serv
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Forms 12-105 § 12.37 Complaint For
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Forms 12-107 Is your complaint abou
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Forms 12-109 § 12.38 Surrender Let
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Forms 12-111 § 12.39 Complaint For
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Justices and Judges of the Appellat
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Justices and Judges of the Appellat
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Timetable for Steps in an Appeal B-
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Timetable for Steps in an Appeal B-
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Citation Guide C- APPENDIX C Citati
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Citation Guide C- Gerlt v. Planning
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Citation Guide C- Morton Bldgs., In
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Citation Guide C- STATUTES, RULES,
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Citation Guide C- MISCELLANEOUS CIT
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Citation Guide C-11 3. Notes (name
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Index—General I- Index-General Re
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Index—General References are to S
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Index—General I-11 References are
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Index—Authorities I-21 Index-Auth
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Index—Cases I-23 References are t
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Index—Rules I-33 References are t
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Index—Rules I-35 References are t
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Index—Kansas Statutes I-37 Refere
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Index— Kansas Statutes I-39 Refer
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