How to Appeal a Court’s Decision in Kansas?
The process for filing an appeal in Kansas is similar to other states with a few differences. You must follow the procedure explicitly if you want your appeal to hold merit.
Notice of Appeal
The first step is to file a notice of appeal. All notices must be filed electronically. You have thirty days from the date the final ruling was recorded to file your appeal. You must file the notice of appeal in the court where your original case was held. If you ignore this rule, it could mean the dismissal of your appeal.
The other party may also file a cross-appeal if they are unhappy with the verdict and want specific issues brought to light.
Within twenty-one days of filing your notice of appeal, you have to prepare and file a docketing statement. This document is a brief overview of the facts, the issue with what laws were not upheld and the date of the final ruling. At the same time, you will be requesting a transcript of the original case to be filed with your appeal.
Once the transcript has been recorded, the appellant has thirty days to file their brief. If there is no transcript or one has not been requested, then you have forty days to file your brief. The brief will need to include the following content:
- A table of content referencing all pages, sections, and appendixes.
- A brief statement about the case and the final ruling.
- A list of the issues you are contesting.
- A complete statement of the facts with references to case documents.
- Arguments with citations of documents and precedent cases.
The appellee has thirty days after receiving your brief to file their own, and then you have another opportunity to file a reply brief.
The judges will decide whether to request oral arguments from either party.
It takes approximately eighteen months for the case to be reviewed and a final decision made. All parties will receive a written notice of the judge's opinion.