kansas appellate practice handbook - Kansas Judicial Branch

5-46 Appellate Jurisdiction
and a statement of all facts relevant to the question certified that fully
shows the nature of the controversy in which the question arose. K.S.A.
60-3203. “If either party to a certified question from a federal court
wants to add facts to those the certifying federal court furnishes [the
Supreme Court], any changes must be made in the federal court. The
same rule applies to evidentiary rulings made by the federal court.” Ortega
v. IBP, 255 Kan. 513, Syl. 1, 874 P.2d 1188 (1994). The Supreme Court
can obtain portions of the record from the certifying court if necessary.
K.S.A. 60-3204. Under K.S.A. 60–3201, “certified questions may present
only questions of law….” Superior Boiler Works, Inc. v. Kimball, 292 Kan.
885, 890, 259 P.3d 676 (2011) (citing Koplin v. Rosel Well Perforators, Inc., 241
Kan. 206, 207, 734 P.2d 1177 [1987]).
Briefs addressing the question and arguments on the briefs are
considered by the Supreme Court. K.S.A. 60-3206. A written opinion is
issued. K.S.A. 60-3207.
PRACTICE NOTE: Upon receipt of the certification
order, the Kansas Supreme Court first determines
whether it will answer the certified questions presented
by granting or denying the certifying court’s order. If
granted, the Kansas Supreme Court sets a briefing
schedule, allowing 30 days per side for briefing. That
schedule is subject to motions for extension of time by
the parties, unless the order setting the briefing schedule
provides otherwise.
Likewise, the Kansas Supreme Court or the Kansas Court of Appeals
can, sua sponte or upon motion of a party, order certification of questions
of law to the highest court of any state under the same circumstances.
K.S.A. 60-3208.
2013