Skip to content
opener
Rule 8.02

Rule 8.02: Transfer to Supreme Court on Motion

Section Appellate Practice
(a)   Party May Request Transfer. A party may request under K.S.A. 20-3017 that an undetermined case pending in the Court of Appeals be transferred to the Supreme Court for final determination.
 
(b)   Timing and Content of Motion. A motion for transfer must be filed with the clerk of the appellate courts no later than 30 days after service of the notice of appeal. The motion must:
 
(1)   state the nature of the case;
 
(2)   demonstrate that the case is within the jurisdiction of the Supreme Court; and 
 
(3)   show the existence of one or more of the grounds for transfer specified in K.S.A. 20-3016(a) by specifying:
 
(A)   the issue or issues not within the jurisdiction of the Court of Appeals, with citation to controlling constitutional, statutory, or case authority;
 
(B)   the subject matter of the case that has significant public interest; 
 
(C)   the particular legal question raised that has major public significance; or
 
(D)   sufficient data concerning the state of the docket of the Court of Appeals and of the Supreme Court to demonstrate that the expeditious administration of justice requires the transfer.
 
[History: Am. effective July 1, 2011; Restyled rule effective July 1, 2012; Am. (b) effective December 19, 2016.]

Find a District Court