Transfer to Supreme Court on Motion

Kansas Supreme Court Rules

Rule: 8.02

Jurisdiction: KS

Bluebook Citation: Kan. S. Ct. R. 8.02

(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.]

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