litigation overview - kansas

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A Q&A guide to general litigation information for Kansas. Specifically this State Q&A covers the Kansas state court structure, state statutes and rules governing litigation procedure and the attorney admissions process (including admission without examination, pro hac vice admission and in-house counsel registration). Answers to questions can be compared across a number of jurisdictions (see Litigation Overview: State Q&A Tool (http://us.practicallaw.com/6-573-9227)).

STATE COURTS

1. What are your state's appellate courts? For each appellate court, please identify:�� The courts from which a direct appeal may be taken to this

appellate court.

�� The appellate court's general subject matter jurisdiction.

�� The state courts(s), if any, to which a further appeal may be sought.

The Kansas constitution vests judicial power exclusively in one court of justice, which is divided into one supreme court, district courts and any other courts provided by law (Kan. Const. Art. 3, § 1). The three courts in Kansas that handle appellate review are:

�� The Supreme Court.

�� The Court of Appeals.

�� The district courts.

SUPREME COURT

The Supreme Court is the highest court in Kansas.

Jurisdiction

The Supreme Court may exercise its discretion to review a decision of the Court of Appeals on a petition for review (Kan. Stat. Ann. § 20-3018; Kan. Sup. Ct. R. 8.03(a)).

The Court of Appeals may request that an undetermined case pending before it be transferred to the Supreme Court for final determination on certain grounds (Kan. Sup. Ct. R. 8.01(a)). A party may also request under Section 20-3017 of the Kansas Statutes Annotated that an undetermined case pending in the Court of Appeals be transferred to the Supreme Court for final determination on certain grounds (Kan. Sup. Ct. R. 8.02(a)).

To request transfer, a movant must show the existence of one or more of the grounds for transfer specified in Section 20-3016(a) of the Kansas Statutes Annotated by showing:

�� One or more issues in the case are not within the jurisdiction of the Court of Appeals.

�� The subject matter of the case has significant public interest.

�� The particular legal question raised has major public significance.

�� The caseload of the Court of Appeals is such that the expeditious administration of justice requires transfer.

(Kan. Stat. Ann. § 20-3016(a).)

The Supreme Court has original jurisdiction in quo warranto, mandamus and habeas corpus cases (Kan. Const. Art. 3, § 3). The Supreme Court also has original and exclusive jurisdiction for suits in law or equity, or any controversy relating to the apportionment of representation in the Kansas legislature (Kan. Stat. Ann. § 20-101a).

The Supreme Court may answer questions of law certified to it by:

�� The US Supreme Court.

�� A US Court of Appeals.

�� A US District Court.

�� The highest appellate court or the intermediate appellate court of any other state.

(Kan. Stat. Ann. §§ 60-3201 to 60-3212.)

Litigation Overview: Kansas

AMY E. MORGAN, POLSINELLI PC, WITH PRACTICAL LAW LITIGATION

View the online version at http://us.practicallaw.com/0-555-4349

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Direct Civil Jurisdiction

An appeal may sometimes be taken directly to the Supreme Court. Direct appeal from civil cases is made to the Supreme Court for:

�� A final judgment holding a Kansas or US statute unconstitutional (Kan. Stat. Ann. § 60-2101(b)).

�� A preliminary or final decision holding a Kansas statute uncon-stitutional relating to school finance litigation (Kan. Stat. Ann. § 60-2102(b)(1)).

�� A final decision made in an action challenging the constitutionality of or arising out of any provision of the Kansas Expanded Lottery Act, any lottery gaming facility management contract or any racetrack gaming facility management contract entered into under the Kansas Expanded Lottery Act (Kan. Stat. Ann. § 60-2102(b)(2)).

�� A final order entered under the Eminent Domain Procedure Act (Kan. Stat. Ann. § 26-504).

�� Any action taken by the Kansas Corporation Commission under the Kansas Natural Gas Pricing Act or regarding site preparation or construction of electric generation facilities (Kan. Stat. Ann. §§ 55-1410 and 66-1,164).

�� Any decision of the Mental Health Technician Licensure Board (Kan. Stat. Ann. § 65-4211).

�� A determination of the district court in election contests (Kan. Stat. Ann. § 25-1450).

�� An order granting or denying either an original:

�� organization license by the Kansas Racing Commission; or

�� facility owner license or facility manager license.

(Kan. Stat. Ann. §§ 74-8813(v) and 74-8815(n).)

�� Any decision of the district court by a person or taxpayer aggrieved by airport zoning regulations (Kan. Stat. Ann. § 3-709).

�� Any judgment or order regarding petitions for drainage (Kan. Stat. Ann. § 24-702(f)).

�� Any action of the Secretary of Human Resources concerning the regulation of labor and industry according to the Kansas Judicial Review Act (Kan. Stat. Ann. § 44-612).

For more information on appellate practice in Kansas, please see the Judicial Council's Appellate Practice Handbook.

Direct Criminal Jurisdiction

Direct appeal from criminal cases is made to the Supreme Court when:

�� A Kansas or US statute has been held unconstitutional (Kan. Stat. Ann. § 22-3601(b)(1)).

�� The defendant was convicted of a class A felony (Kan. Stat. Ann. § 22-3601(b)(2)).

�� The defendant was sentenced to a maximum sentence of life imprisonment (Kan. Stat. Ann. § 22-3601(b)(3)).

�� Under certain statutorily-enumerated circumstances, when the defendant has been convicted of an off-grid crime (Kan. Stat. Ann. § 22-3601(b)(4)).

A criminal defendant who is sentenced to death is subject to automatic review by appeal to the Supreme Court (State v. Cheever, 284 P.3d 1007, 1014 (Kan. 2012), cert. granted in part on other grounds, 133 S. Ct. 1460 (2013)).

Further Appellate Review

The US Supreme Court may review a decision of the Kansas Supreme Court in certain situations, such as where:

�� The validity of a US treaty or statute is challenged.

�� A state statute is claimed to be unconstitutional.

(28 U.S.C. § 1257(a).)

COURT OF APPEALS

The Court of Appeals sits and maintains its principal offices in the capital city of Topeka, but its hearing panels may hear oral argument in the courthouse of any county (Kan. Stat. Ann. § 20-3001).

Jurisdiction

The Court of Appeals has appellate jurisdiction over:

�� Civil cases (Kan. Stat. Ann. § 60-2101(a)).

�� Criminal cases (Kan. Stat. Ann. § 22-3601(a)).

�� Cases from administrative bodies and officers of the state (Kan. Stat. Ann. § 20-3001).

The Court of Appeals also has jurisdiction over a limited number of off-grid crimes and has jurisdiction over all criminal interlocutory appeals (Kan. Stat. Ann. § 22-3601(a), (b)(4)).

The Court of Appeals has original jurisdiction as may be necessary to the complete determination of any case on review (Kan. Stat. Ann. § 20-3001). This includes habeas corpus proceedings (Kan. Stat. Ann. § 60-1501(a)).

There are also certain limited situations where direct appeals can be made to the district courts or the Supreme Court (see Supreme Court and District Courts).


Appeals from the Court of Appeals go to the Supreme Court, the state's highest court (Kan. Stat. Ann. § 20-3018; Kan. Sup. Ct. R. 8.03(a)).

DISTRICT COURTS

Although the district courts are primarily trial courts, they also have limited appellate jurisdiction.

Jurisdiction

The district courts may hear appeals from actions decided by:

�� District magistrate judges (Kan. Stat. Ann. § 60-2103a).

�� Municipal courts (Kan. Stat. Ann. § 12-4601).

�� Kansas agencies. The district courts may review and enforce agency actions under the Kansas Judicial Review Act (Kan. Stat. Ann. §§ 77-601 to 77-631).

District courts also have concurrent jurisdiction with the Supreme Court over quo warranto, mandamus and habeas corpus proceedings. These actions are typically filed in the district court.


Further review of a district court's appellate rulings may be brought to the Court of Appeals (Kan. Stat. Ann. § 60-2101(a)).

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2. What are the trial courts in your state? For each trial court, please identify:

�� The court's general subject matter jurisdiction.

�� The state court(s) to which a direct appeal may be taken.

The district and municipal courts are the trial courts in Kansas.

DISTRICT COURTS

The main trial courts in Kansas are the district courts. The district court system in Kansas includes 31 judicial districts in 105 counties (Kan. Stat. Ann. §§ 4-202 to 4-232).

Jurisdiction

In Kansas, the district courts have general original jurisdiction over all matters, both civil and criminal.

Examples of matters that the district courts have original jurisdiction over include:

�� Divorce and domestic relations.

�� Damage suits.

�� Probate and administration of estates.

�� Guardianships.

�� Conservatorships.

�� Care of the mentally ill.

�� Juvenile matters.

�� Small claims.

�� Limited actions.

�� Cases filed under the Small Claims Procedure Act (Kan. Stat. Ann. §§ 61-2701 to 61-2714).

A limited actions claim is a civil lawsuit filed in the district court which seeks judgment:

�� For a debt which is not secured by a lien and arises out of a contract concerning goods, services or money, without limitation to the amount claimed in the lawsuit.

�� For a debt which is secured by a lien and arises out of a contract concerning goods, services or money, where the amount claimed in the lawsuit, not counting costs, interest and fees, does not exceed $25,000.

�� Where the claim does not arise out of a contract and the amount claimed in the lawsuit, not counting costs, interest and fees, does not exceed $25,000.

(Kan. Stat. Ann. § 61-2802(a).)

Appeals

Generally, appeals from the district courts in civil and criminal actions are taken to the Court of Appeals (Kan. Stat. Ann. §§ 60-2101(a), 61-3902(c) and 22-3601(a)). There are also certain limited situations where appeals can be made to the Supreme Court (see Question 1: District Courts).

MUNICIPAL COURTS

Municipal or city courts handle alleged violations of city ordinances committed within the city limits.

Jurisdiction

Municipal courts have jurisdiction over violations of city ordinances, typically involving:

�� Property violations.

�� Traffic offenses.

�� Non-felony crimes.

(Kan. Stat. Ann. § 12-4104.)

The municipal courts have concurrent jurisdiction with the district courts to hear and determine a violation of certain enumerated ordi-nances. The elements of these violations must be both:

�� The same as the elements of a violation of the statutes listed in Section 12-4104(a) of the Kansas Statutes Annotated.

�� Punishable as a felony in the district courts.

(Kan. Stat. Ann. § 12-4104(a).)

Appeals

Appeals from the municipal courts are made to the district court in the county where the municipality is located (Kan. Stat. Ann. § 22-3609(1)).

For more information on the trial courts in Kansas, see the Kansas Judicial Branch's website.

STATE LITIGATION PROCEDURE

3. What are the key statutes and rules governing litigation procedure in your jurisdiction?

The following are the major sources of Kansas law governing litigation procedure:

�� Constitution of the State of Kansas. Article 3 of the Kansas Constitution governs the creation and jurisdiction of the Kansas Supreme Court, its district courts and any other courts that are provided by law.

�� Rules of Procedure. Kansas has various rules of procedure, including:

�� the Kansas Rules of Civil Procedure, which are found in Chapter 60, Article 2 of the Kansas Statutes Annotated and provide the procedure for civil proceedings in district courts (Kan. Stat. Ann. §§ 60-201 to 60-271). The Kansas Rules of Civil Procedure are generally modeled after the Federal Rules of Civil Procedure, although the two sets of procedural rules are not identical;

�� the code of civil procedure for limited actions, which governs the procedure for Chapter 61 actions (Kan. Stat. Ann. §§ 61-2801 to 61-4104); and

�� the Kansas Rules of Appellate Procedure, which are also found in Chapter 60, Article 2 of the Kansas Statutes Annotated (Kan. Stat. Ann. §§ 60-2101 to 60-2107).

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�� Rules of the Supreme Court of Kansas. The Kansas Supreme Court has substantive and procedural rules that govern district and appellate courts and the Supreme Court. These rules are complementary and supplemental to the Rules of Civil Procedure and the Rules of Appellate Procedure.

�� District Courts Local Rules. Most district courts have their own specific rules governing practice and procedure. These rules are typically posted on the court's website or can be obtained by contacting the district court clerk. The Kansas Judicial Branch's website lists some local rules.

�� Judges' Chambers Guidelines. District court judges often have standing rules or litigation guidelines. These rules cover procedural preferences for motion practice, trials and conferences. A judge's individual practice rules may be posted on the court's website or can be obtained by contacting the judge's administrative assistant.

�� Electronic Filing Rules. A limited but increasing number of district courts in Kansas permit electronic filing. To find out if a district court permits electronic filing, counsel must check the district court's website and local rules online or contact the district court clerk. For more information about e-filing, see the Kansas Judicial Branch website.

�� Fax-filing Rules. District and appellate courts permit fax-filing for filings that are ten pages or fewer (Kan. Sup. Ct. R. 119(a) and Kan. Stat. Ann. § 60-271(a)).

For information on appellate fax-filing procedure in Kansas, please see the Judicial Council's Appellate Practice Handbook.

ISSUES FOR ATTORNEYS

4. Please describe how an attorney becomes a member of the state bar in your jurisdiction. Please include whether the state offers reciprocity to attorneys admitted in other states.

ADMISSION ON EXAMINATION

The Kansas Board of Law Examiners reviews all applicants to the Kansas Bar. The board must approve an applicant before the appli-cant can sit for the bar examination. The fee for the application to sit for the bar examination is $700 (Kan. Sup. Ct. R. 704(a)(3)).

To be eligible to sit for the bar examination, the applicant must:

�� Comply with the educational requirements, which include that the applicant has:

�� a baccalaureate degree based on a full course of study from an institution of higher learning accredited by a regional accreditation body recognized by the US Department of Education; and

�� a Juris Doctor degree or Bachelor of Laws degree from a law school approved by the American Bar Association at the time of the applicant's graduation.

�� Prove that he has the requisite good moral character and current mental and emotional fitness to engage in the active and continuous practice of law.

(Kan. Sup. Ct. R. 705-706.)

Rule 707 of the Rules of the Supreme Court of Kansas sets out the requirements to show good moral character and current mental and emotional fitness.

The board may, if requested by the applicant, accept any Multistate Bar Examination (MBE) score achieved in another jurisdiction in a concurrent examination or in a prior examination conducted within 13 months of the current examination. The applicant must have successfully passed the entire bar examination in the other jurisdiction in one sitting and achieved a minimum scaled score of 120 on the MBE. (Kan. Sup. Ct. R. 709(m).)

To be admitted to the Kansas bar, applicants must also pass the Multistate Professional Responsibility Examination and report their scores to the Clerk of the Appellate Courts (Kan. Sup. Ct. R. 709(n)).

Applicants are barred from applying for admission if they have failed the bar examination four times (Kan. Sup. Ct. R. 709(q)).

ADMISSION WITHOUT EXAMINATION

To be eligible for admission in Kansas without taking the Kansas bar exam, an individual generally must:

�� Have an active license in at least one jurisdiction that similarly admits Kansas attorneys to its bar without examination.

�� Have never failed a written Kansas bar examination.

�� Presently meet the requirements of Rules 706 and 707 of the Rules of the Supreme Court of Kansas, relating to educational qualifications for admission to the Kansas bar and character and fitness qualifications for admission to the bar.

�� Have never received professional discipline of suspension, disbarment or loss of license in any other jurisdiction.

�� Not be currently the subject of a pending disciplinary investigation in any other jurisdiction.

�� Be a person of good moral character and be mentally and emo-tionally fit to engage in the active and continuous practice of law.

�� Have been lawfully engaged in the active practice of law outside of Kansas, or in Kansas under Rule 712 of the Rules of the Supreme Court of Kansas, for five of the seven years immediately preceding the date of his application.

(Kan. Sup. Ct. R. 708(a).)

Active practice of law under the rules includes the following activities:

�� Representation of one or more clients in the practice of law.

�� Service as a lawyer with a local, state or federal agency, including military service, with the primary duties of:

�� furnishing legal counsel;

�� drafting legal documents and pleadings;

�� interpreting and giving advice regarding the law; or

�� preparing, trying or presenting cases before courts, departments of government or administrative agencies.

�� Service as corporate counsel with the same primary duties described in the second bullet of this list.

�� Employment as a teacher of law at a law school approved by the American Bar Association throughout the applicant's employment.

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�� Service as a judge in a federal, state or local court, provided that this employment is available only to licensed attorneys.

�� Service as a judicial law clerk.

�� Any combination of these activities.

(Kan. Sup. Ct. R. 708(a)(7).)

Applicants must also file:

�� A verified application for admission.

�� Any other information the Board of Law Examiners or the Disciplinary Administrator's Office may require in consideration of the application.

�� A designation of the Clerk of the Appellate Courts for service of process.

(Kan. Sup. Ct. R. 708(b).)

The fee for an application to be admitted without examination is $1,250 (Kan. Sup. Ct. R. 704(a)(4)).

REGISTRATION OF IN-HOUSE COUNSEL

In-house attorneys working in Kansas may be granted a restricted license to practice law in Kansas without examination (Kan. Sup. Ct. R. 712).

To be eligible for the restricted license, an in-house attorney must:

�� Be admitted to practice in another US state or territory or in the District of Columbia.

�� Be employed, or have accepted or intend to accept employment, full-time in Kansas by a non-governmental corporation or other organization that is not itself engaged in the practice of law or the rendering of legal services outside the organization.

�� Have filed a completed application within 90 days of the beginning of employment.

�� Be fully qualified to take the written bar examination in Kansas under the rules of the Supreme Court.

�� Have satisfied any applicable continuing legal education require-ments specified by the rules of the jurisdictions the applicant is admitted to before the Kansas application.

�� Be of good moral character and general fitness requisite for a member of the Kansas bar.

�� Have never failed a Kansas bar examination.

(Kan. Sup. Ct. R. 712(a).)

Each applicant for a restricted license must provide:

�� A verified application for admission.

�� A written certificate from the attorney-discipline authority in the jurisdictions where the applicant is admitted to practice law certifying that the applicant:

�� is in good standing;

�� has not been disciplined by the jurisdiction for violations of any applicable ethical standards; and

�� has no pending complaints of ethical violations.

�� If applicable, a written certificate certifying that the applicant has satisfied the continuing legal education requirements of the jurisdictions where the applicant is admitted to practice law before the Kansas application.

�� A written certificate from the applicant's employer stating that applicant is employed full-time by the employer.

�� At least three affidavits, on forms from the Clerk of the Appellate Courts, from responsible persons attesting that the applicant is a person of good moral character.

�� Any other information that the Board of Law Examiners may require to consider the application.

(Kan. Sup. Ct. R. 712(c).)

The restricted license expires on either:

�� Termination of the applicant's employment by his full-time employer.

�� The applicant's admission to practice in Kansas or if the applicant fails the bar examination

(Kan. Sup. Ct. R. 712(f).)

5. Please describe the process for becoming admitted on a pro hac vice basis in your jurisdiction.

An out-of-state attorney may be admitted in Kansas pro hac vice to participate in any matter in which the attorney is employed. The at-torney must be:

�� Regularly engaged in practicing law in another state, US territory or the District of Columbia.

�� In good standing under the rules of the highest appellate court in that jurisdiction.

�� Associated with an attorney of record in the case who is:

�� regularly engaged in practicing law in Kansas; and

�� in good standing under the Rules of the Supreme Court of Kansas.

(Kan. Sup. Ct. R. 116(a) and 1.10(a).)

The out-of-state attorney's verified application for admission pro hac vice must include:

�� A statement identifying the party or parties represented.

�� The Kansas attorney of record's:

�� name;

�� business address;

�� telephone number;

�� fax number;

�� e-mail address; and

�� attorney registration number.

�� The applicant's:

�� personal address and business address;

�� telephone number;

�� fax number; and

�� e-mail address.

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�� Any bar to which the applicant is admitted, the date of admission and the applicable attorney registration number.

�� A statement that the applicant is a member in good standing of any bar that he is a member.

�� A statement that the applicant has not been the subject of prior public discipline, including suspension or disbarment in any jurisdiction.

�� A statement that the applicant is not currently the subject of a disciplinary action or investigation in any jurisdiction or, if the applicant is currently the subject of a disciplinary action or investigation, the application must provide both:

�� a detailed description of the nature and status of the action or investigation; and

�� the address of the disciplinary authority in charge.

�� If applicable, the case name, case number and the court the applicant has been granted permission to appear pro hac vice in Kansas within the preceding 12 months.

(Kan. Sup. Ct. Rs. 116(e) and 1.10(e).)

A non-refundable fee of $100 must accompany a motion for admis-sion pro hac vice in each case (Kan. Sup. Ct. R. 116(f) and 1.10(f)).

The local Kansas counsel of record must:

�� Be actively engaged in the case.

�� Sign all pleadings, documents and briefs.

�� Be present throughout all court or administrative appearances.

�� Attend a deposition or mediation unless excused by the court, tribunal or a local rule.

(Kan. Sup. Ct. Rs. 116(b) and 1.10(b).)

Service of a paper in a case on the local Kansas counsel of record has the same effect as if personally served on the attorney admitted pro hac vice (Kan. Sup. Ct. R. 116(c) and 1.10(c)).

The local Kansas counsel must file a separate motion for admission pro hac vice for each case in which the out-of-state attorney appears, accompanied by the out-of-state attorney's verified application (Kan. Sup. Ct. R. 116(d) and 1.10(d)).

Pro hac vice admission procedure can vary depending on the court's local rules and the judge's individual practice rules. Counsel should therefore consult these rules to determine the procedure to be fol-lowed in a particular case. If the rules are unclear, contact the court clerk for further assistance. ABOUT PRACTICAL LAW

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