kansas appellate practice handbook - Kansas Judicial Branch

Forms 12-65
§ 12.27 Motion to Substitute Corrected Brief
IN THE (SUPREME COURT)(COURT OF APPEALS) OF THE STATE OF KANSAS
[Insert Name], )
)
Plaintiffs-Appellants, )
)
vs.
[Insert Name], )
)
Defendant-Appellee. )
________________________________________)
) [Insert Appellate Court Case Number]
)
MOTION TO SUBSTITUTE CORRECTED BRIEF
Appellant asks permission to withdraw briefs containing errors and replace them with
briefs that have no errors.
1. Background. The appellant timely filed a brief on [Insert Date]. This case has not yet been
set for argument.
2. Reasons. After the brief was filed, appellant’s counsel discovered typographical errors in
two case citations on pages 2 and 14 of the brief. In addition, counsel discovered that the
printer improperly collated the pages in the brief, specifically pages 7 through 27 in every
copy of the brief are in random, nonsequential order. Neither the printer nor appellant’s
counsel discovered this mistake until the original copies had been filed with the clerk of
the appellate courts.
3. These errors cannot be corrected in the office of the clerk of the appellate courts. Instead,
an entirely new set of briefs, with corrections and proper collation, have been prepared
for substitution for the briefs now filed with the Court.
Therefore, appellant asks that she be permitted to substitute corrected briefs.
2013