kansas appellate practice handbook - Kansas Judicial Branch

Appellate Jurisdiction 5-39
§ 5.25 Upon Motion of a Party
Within 30 days after notice of appeal has been served on the appellee,
any party to the appeal can file a motion (an original and 8 copies) with the
clerk of the appellate courts requesting that a case pending in the Court
of Appeals be transferred to the Supreme Court for final determination.
K.S.A. 20-3017; Rule 8.02. The motion should be captioned in the Supreme
Court even though the action is pending in the Court of Appeals. See §
12.22, infra.
PRACTICE NOTE: If a party misses the 30-day filing
deadline, it may still be advisable to file the motion to call
the Supreme Court’s attention to the case. The motion
of the party may be denied as untimely filed, but the
court can then transfer the case on its own motion.
The motion must set forth the nature of the case, demonstrate that the
case is within the Supreme Court’s jurisdiction, and establish one or more
of the grounds for transfer found in K.S.A. 20-3016(a). Such grounds
include: an issue or issues are not within the jurisdiction of the Court of
Appeals (citation must be made to controlling constitutional, statutory, or
case authority); the subject matter of the case has significant public interest;
the legal questions raised have major public significance; or, the Court of
Appeals caseload requires a transfer for the expeditious administration of
justice (the motion must contain sufficient data concerning the state of
the docket to demonstrate this point). K.S.A. 20-3016(a); Rule 8.02.
PRACTICE NOTE: The caseload of the Court of
Appeals is not usually persuasive unless combined with
another ground.
The opposing party may respond within 7 days of service of the
motion. Rule 5.01. The motion will be considered by the Supreme Court
and granted or denied in that court’s discretion. A party’s failure to file a
motion to transfer is deemed a waiver of objection to Court of Appeals
jurisdiction. K.S.A. 20-3017.
§ 5.26 Upon Motion of the Supreme Court
If a case within the jurisdiction of the Court of Appeals is erroneously
docketed in the Supreme Court, the Supreme Court will transfer the case
to the Court of Appeals. K.S.A. 20-3018(a). Likewise, if a case within the
2013