kansas appellate practice handbook - Kansas Judicial Branch

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12-46 Forms CERTIFICATE OF SERVICE I certify that a true and correct copy of this Entry of Appearance 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: The most important part of an entry of appearance is the clear statement by name and party designation of the client on whose behalf the attorney enters an appearance. If a party is represented by only one attorney, it is sufficient to enter an appearance as “counsel of record.” If a party is represented by more than one attorney, the entry of appearance must also indicate whether the attorney is entering the case as lead counsel or as co-counsel. 2013
Forms 12-47 § 12.18 Motion to Withdraw as Appointed Counsel IN THE (SUPREME COURT)(COURT OF APPEALS) OF THE STATE OF KANSAS [Insert Name], ) ) Plaintiff-Appellee, ) ) vs. [Insert Name], ) ) Defendant-Appellant. ) ________________________________________) ) [Insert Appellate Court Case Number] ) MOTION TO WITHDRAW AS APPOINTED COUNSEL Appointed appellate counsel asks to withdraw because of a conflict of interest. 1. Background. This is an appeal from the district court’s denial of relief sought in a K.S.A. 60-1507 motion. Notice of Appeal was filed on [Insert Date]; the case was docketed on [Insert Date]. 2. Authority. Kansas Rule of Professional Conduct 1.7(a) and Supreme Court Rule 1.09. 3. Reasons. Counsel has just learned that [Insert Name] is a co-defendant in this case. Counsel has in the past and does currently represent [Insert Name]. If counsel continues to represent the appellant, she will be required to argue a position, stemming from the same set of facts and circumstances that is in conflict with the interests of [Insert Name.] Thus, a conflict of interest has arisen. 4. Counsel requests remand to the district court for appointment of new appellate counsel. [In the alternative, if substitute counsel has already entered an appearance, give the name of substitute counsel.] For these reasons, counsel asks the court to allow her to withdraw. 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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Brief Writing 9-11 § 9.9 Service o
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Brief Writing 9-13 Organize the fac
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Oral Argument 10- CHAPTER 10 Oral A
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Oral Argument 10- yourself what the
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Oral Argument 10- desired amount of
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Oral Argument 10- may prove helpful
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Oral Argument 10- Humor works less
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Disciplinary Proceedings 11- CHAPTE
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Disciplinary Proceedings 11- In 200
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Disciplinary Proceedings 11- § 11.
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Disciplinary Proceedings 11- divers
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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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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 and 226: Forms 12- § 12.3 Petition for Judi
Page 227 and 228: Forms 12-11 CERTIFICATE OF SERVICE
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: Forms 12-45 § 12.17 Entry of Appea
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
Page 277 and 278: Forms 12-61 § 12.25 Motion to Exce
Page 279 and 280: Forms 12-63 § 12.26 Motion to Corr
Page 281 and 282: Forms 12-65 § 12.27 Motion to Subs
Page 283 and 284: Forms 12-67 § 12.28 Motion to Subs
Page 285 and 286: Forms 12-69 § 12.29 Notice of Volu
Page 287 and 288: Forms 12-71 § 12.30 Motion for Inv
Page 289 and 290: Forms 12-73 § 12.31 Application to
Page 291 and 292: Forms 12-75 § 12.32 Suggestion for
Page 293 and 294: Forms 12-77 § 12.33 Motion for Mod
Page 295 and 296: Forms 12-79 § 12.34 Motion for Att
Page 297 and 298: Forms 12-81 § 12.35 Briefing Check
Page 299 and 300: Forms 12-83 □ Have the parties be
Page 301 and 302: Forms 12-85 § 12.36 Sample Brief N
Page 303 and 304: Forms 12-87 1 Nature of the Case A
Page 305 and 306: Forms 12-89 3 court had read were,
Page 307 and 308: Forms 12-91 5 of their possession,
Page 309 and 310: Forms 12-93 7 the facts before it w
Page 311 and 312: 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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