kansas appellate practice handbook - Kansas Judicial Branch

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12-10 Forms 4. Identification of the agency action at issue, together with a duplicate copy, summary, or brief description of the agency action. The Workers Compensation Appeals Board entered an order dated [Insert date] in which the Board awarded workers compensation benefits to claimant, finding that his injury on [Insert date] while riding a go-cart at a recreational event fell within the course and scope of his employment with respondent. Certified copies of the order of the administrative law judge, the request for Board review, and the order of the Board are attached. 5. Identification of persons who were parties in any adjudicative proceedings that led to the agency action. [Insert information] 6. Facts to demonstrate that the petitioner is entitled to obtain judicial review. The administrative law judge entered an order dated [Insert date] granting claimant benefits and ruling that his injury did fall within the scope of employment as an exception to K.S.A. 44-508(f). Thereafter, petitioner filed a notice of appeal dated [Insert date] with the Workers Compensation Appeals Board, completed briefs, and orally argued the matter. The Board affirmed the ruling of the administrative law judge in an order dated [Insert date]. Under K.S.A. 44-556, petitioner is allowed to appeal the decision of the Board to the Court of Appeals. 7. Reasons why relief should be granted. Petitioner states that the Workers Compensation Appeals Board erred in finding that the injury of claimant was compensable. Among other things, the Board failed to follow the strict statutory language of K.S.A. 44-508(f). The Board considered other factors in making its determination not included in the language of K.S.A. 44-508(f). The Board found an implied duty where the greater and overwhelming weight of the evidence would not allow such conclusion. In addition, there was insufficient evidence to support the finding of the Board that an implied duty existed for claimant to attend the recreational/social event where he was injured. 8. The type and extent of relief petitioner requests. Petitioner requests the Court of Appeals enter an order finding that the Workers Compensation Appeals Board erred as a matter of law in finding that the injury to claimant was work-related and that benefits should be awarded for the injury. Attorney’s Signature ______________________________ Attorney’s Name (typed or printed) <strong>Kansas</strong> Attorney Registration Number Address Telephone Number Fax Number E-mail Address Name of the Party Represented 2013
Forms 12-11 CERTIFICATE OF SERVICE I certify that a true and correct copy of this Petition for <strong>Judicial</strong> Review was sent by United States Mail, postage prepaid, on [Insert Date], to: [Insert names and addresses of those on whom service is made.] __________________________________ Attorney’s Name and Registration Number PRACTICE NOTE: See § 12.4, infra, to request certification of the record. The petition for judicial review in workers compensation cases is filed in the Court of Appeals. See K.S.A. 44-556(a) and Rule 9.04. The petition for judicial review must be in compliance with K.S.A. 77-614. Some petitions may be more factually complex than the form and require citation to case law as well as statutory authority, but the format remains the same. 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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Appellate Procedure 7- CHAPTER 7 Ap
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Appellate Procedure 7- A premature
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Appellate Procedure 7- within 14 da
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Appellate Procedure 7- § 7.7 Crimi
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Appellate Procedure 7- custody and
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Appellate Procedure 7-11 Sunday or
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Appellate Procedure 7-13 § 7.12 Ch
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Appellate Procedure 7-15 IV. DOCKET
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Appellate Procedure 7-17 ▪ Under
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Appellate Procedure 7-19 If the Cou
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Appellate Procedure 7-21 new appell
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Appellate Procedure 7-23 subdivisio
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Appellate Procedure 7-25 court also
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Appellate Procedure 7-27 PRACTICE N
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Appellate Procedure 7-29 The origin
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Appellate Procedure 7-31 § 7.32 Mo
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Appellate Procedure 7-33 The court
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Appellate Procedure 7-39 § 7.47 Ti
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Appellate Procedure 7-41 § 7.52 Pr
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Appellate Procedure 7-43 § 7.58 At
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Appellate Procedure 7-45 § 7.62 St
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Standards and Scope of Appellate Re
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Brief Writing 9- CHAPTER 9 Brief Wr
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Brief Writing 9- ▪ ▪ ▪ A brie
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Brief Writing 9- but must also incl
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Brief Writing 9- § 9.6 Brief of Am
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Brief Writing 9- Any motion to exce
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Page 179 and 180: Oral Argument 10- CHAPTER 10 Oral A
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Page 189 and 190: Disciplinary Proceedings 11- CHAPTE
Page 191 and 192: Disciplinary Proceedings 11- In 200
Page 193 and 194: Disciplinary Proceedings 11- § 11.
Page 195 and 196: Disciplinary Proceedings 11- divers
Page 197 and 198: Disciplinary Proceedings 11- PRACTI
Page 199 and 200: Disciplinary Proceedings 11-11 § 1
Page 201 and 202: Disciplinary Proceedings 11-13 ▪
Page 203 and 204: Disciplinary Proceedings 11-15 When
Page 205 and 206: Disciplinary Proceedings 11-17 Gers
Page 207 and 208: Disciplinary Proceedings 11-19 An e
Page 209 and 210: Disciplinary Proceedings 11-21 II.
Page 211 and 212: Disciplinary Proceedings 11-23 The
Page 213 and 214: Disciplinary Proceedings 11-25 incl
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Page 217 and 218: Forms 12- CHAPTER 12 Forms § 12.1
Page 219 and 220: Forms 12- CERTIFICATE OF SERVICE I
Page 221 and 222: Forms 12- § 12.2 Petition for Judi
Page 223 and 224: Forms 12- CERTIFICATE OF SERVICE I
Page 225: Forms 12- § 12.3 Petition for Judi
Page 229 and 230: Forms 12-13 § 12.4 Request for Cer
Page 231 and 232: Forms 12-15 § 12.5 Notice of Appea
Page 233 and 234: Forms 12-17 § 12.6 Notice of Appea
Page 235 and 236: Forms 12-19 § 12.7 Notice of Cross
Page 237 and 238: Forms 12-21 § 12.8 Fax Transmissio
Page 239 and 240: Forms 12-23 § 12.9 Motion for Rele
Page 241 and 242: Forms 12-25 § 12.10 Docketing Stat
Page 243 and 244: Forms 12-27 i. Are there any procee
Page 249 and 250: Forms 12-33 4. Constitutional Chall
Page 251 and 252: Forms 12-35 § 12.13 Answer to Dock
Page 253 and 254: Forms 12-37 § 12.14 Motion to Dock
Page 255 and 256: Forms 12-39 § 12.15 Admission Pro
Page 257 and 258: Forms 12-41 § 12.16 Admission Pro
Page 259 and 260: Forms 12-43 PRACTICE NOTE: The out-
Page 261 and 262: Forms 12-45 § 12.17 Entry of Appea
Page 263 and 264: Forms 12-47 § 12.18 Motion to With
Page 265 and 266: Forms 12-49 § 12.19 Request for Tr
Page 267 and 268: Forms 12-51 § 12.20 Request for Ad
Page 269 and 270: Forms 12-53 § 12.21 Motion to Cons
Page 271 and 272: Forms 12-55 § 12.22 Motion to Tran
Page 273 and 274: Forms 12-57 § 12.23 Motion for Ext
Page 275 and 276: 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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