OF RULES - KS Courts

1 REPORTS OF RULES ADOPTED BY THE SUPREME court OF THE STATE OF kansas PUBLISHED ANNUALLY UNDER AUTHORITY OF LAW BY DIRECTION OF THE SUPREME court OF kansas SARA R. STRATTON Official Reporter CHRISTOPHER STILLIE RULES and Annotations Editor 2022 Edition RULES include historical notes, supplemental Supreme court orders and guide-lines, and amendments through January 1, 2022. Copyright 2022 by Sara R. Stratton, Official Reporter For the use and benefit of the State of kansas (iii) JUSTICES OF THE kansas SUPREME court CHIEF JUSTICE: HON. MARLA J. LUCKERT .. Topeka JUSTICES: HON.

2 ERIC S. ROSEN .. Topeka HON. DAN BILES .. Shawnee HON. CALEB STEGALL .. Lawrence HON. EVELYN Z. WILSON .. Smith Center HON. KEYNEN WALL JR.. Scott City HON. MELISSA TAYLOR STANDRIDGE .. Leawood _____ JUDGES OF THE kansas court OF APPEALS CHIEF JUDGE: HON. KAREN ARNOLD-BURGER .. Overland Park JUDGES: HON. HENRY W. GREEN JR.. Leavenworth HON. THOMAS E. MALONE .. Wichita HON. STEPHEN D. HILL .. Paola HON. MICHAEL B. BUSER .. Overland Park HON. G. GORDON ATCHESON .. Westwood HON. DAVID E. BRUNS .. Topeka HON. ANTHONY J. POWELL .. Wichita HON. KIM R. SCHROEDER .. Hugoton HON. KATHRYN A. GARDNER .. Topeka HON. SARAH E. WARNER.

3 Lenexa HON. AMY FELLOWS CLINE .. Valley Center HON. LESLEY ANN ISHERWOOD .. Hutchinson HON. JACY J. HURST .. Lawrence _____ OFFICERS OF THE kansas APPELLATE Courts Reporter of Decisions .. SARA R. STRATTON Clerk .. DOUGLAS T. SHIMA Judicial Administrator .. STEPHANIE BUNTEN Disciplinary Administrator .. GAYLE LARKIN (iv) PREFACE This 2022 edition of the RULES adopted by the kansas Supreme court is published as a service to the subscribers of the kansas Reports. Amend-ments to RULES and new RULES will continue to be printed in future Ad-vance Sheets of the kansas Reports; however, RULES will not be printed in the permanent volumes of the kansas Reports.

4 RULES will be printed in a separate pamphlet on an annual basis and mailed to subscribers of the Kan-sas Reports. Additional copies may be purchased for $25 each from the kansas Law Librarian, kansas Judicial Center, 301 West 10th, Topeka, kansas 66612-1598. RULES in this edition are current through January 1, 2022, and incor-porate all amendments, new RULES , and Supreme court guidelines through 314 Kan. No. 2. All case annotations are now available online at Users of this Rule book are requested to call prompt attention to errors or omissions for correcting future editions. Correspondence may be ad-dressed to Reporter of Decisions, kansas Judicial Center, 301 W.

5 10th, Topeka, kansas , 66612-1598; e-mail, Special thanks for the ongoing work of editing, restyling, and amend-ing the RULES go to the Supreme court RULES Committee: Sarah Reichart, Jenny Quintin, Doug Shima, and Alison Schneider. Also, for the publica-tion of this edition, thanks go to the Reporter s office staff: RULES editor, Christopher Stillie, and appellate reporter technician, Evie Deitrich. SARA RAVENHILL STRATTON Reporter of Decisions RULES ADOPTED BY THE kansas SUPREME court Approved by the kansas Supreme court July 9, 1976, effective January 10, 1977. REPORTERS S NOTE: RULES are current through January 1, 2022, in-corporating all reported amendments through 314 Kan.

6 No. 2. In addition, historical notations to RULES indicating effective dates of new RULES , re-pealed RULES , and amendments since January 10, 1977, are included in brackets following applicable RULES . RULE TITLE PAGE (vii) RULES RELATING TO SUPREME court , court OF APPEALS, AND APPELLATE PRACTICE GENERAL AND ADMINISTRATIVE Prefatory Rule .. 1 Chief Judge of the court of Appeals .. 1 Judicial Administration .. 2 Prehearing Conference .. 6 Form of Filing Generally .. 6 Removal of Document from File .. 7 News Media Recordings (Repealed September 1, 1988) .. 7 Fax Filing .. 7 Entry of Appearance/Withdrawal of Attorney.

7 8 Admission Pro Hac Vice of Out-of-State Attorney Before the kansas Appellate Courts .. 10 Service of Papers Generally .. 11 Signatures .. 12 Notarial Acts, Electronic Notarization, and Unsworn Declarations .. 13 Electronic Filing in the Appellate Courts of kansas .. 14 INITIATION AND DOCKETING OF APPEAL Form of Notice of Appeal, Supreme court .. 14 Form of Notice of Appeal, court of Appeals .. 15 Premature Notice of Appeal .. 15 Docketing an Appeal .. 15 Docketing Statement .. 18 Custodial Status of Defendants in Sentencing Appeals .. 18 Multiple Appeals .. 19 Consolidation of Appeals .. 19 RECORD ON APPEAL Content of Record.

8 20 Preparation of Record on Appeal for Filing .. 20 Transcript in Record on Appeal .. 22 Unavailability of Transcript or Exhibit .. 24 Appeal on Agreed Statement .. 24 Access to Record on Appeal .. 25 Transmission of Record on Appeal .. 25 Copy of Record on Appeal .. 26 Preparation of Record for United States Supreme court .. 26 INTERLOCUTORY APPEALS Interlocutory Appeal in Civil Case Under 60-2102(c) .. 27 Interlocutory Appeal in Civil Case Under 60-223(f) . 28 Interlocutory Appeal by Prosecution .. 29 viii RULE TITLE PAGE MOTIONS Appellate court 31 Extension of Time .. 32 Clerk's Authority on 32 Voluntary Dismissal.

9 32 Involuntary 33 Dismissal of Appeal by District court .. 33 Release After Conviction .. 34 Time Schedule for Briefs .. 35 Content of Appellant s Brief .. 35 Content of Appellee s Brief .. 36 Content of Cross-Appellee s Brief .. 37 Reply Brief .. 38 Brief of Amicus Curiae .. 38 Format for Briefs .. 38 Reference Within Brief .. 40 Additional Authority .. 40 Brief in Criminal or Postconviction Case (Repealed September 1, 2017) .. 41 ORAL ARGUMENT, DECISION, AND REHEARING Hearing in the Supreme court .. 41 Hearing in the court of Appeals .. 43 Decision of Appellate court .. 45 Opinion of Appellate court .

10 46 Summary Disposition .. 48 Summary Disposition of Sentencing 48 Affirmance by Summary Opinion .. 49 Reference to Certain Persons .. 50 Rehearing or Modification in court of Appeals .. 51 Rehearing or Modification in Supreme court .. 51 Appellate Costs and Fees and Attorney Fees .. 51 TRANSFER TO AND REVIEW BY SUPREME court Transfer to Supreme court on Certificate .. 53 Transfer to Supreme court on Motion .. 54 Supreme court Review of court of Appeals Decision .. 54 Summary Petition for Review .. 61 Exhaustion of State Remedies in Criminal 63 ORIGINAL ACTIONS Original Action .. 63 Utility Rate Case.