60-2103.Appellate procedure.(a) When and how taken. When an appeal is permitted by law from adistrict court to an appellate court, the time within which an appealmay be taken shall be 30 days from the entry of thejudgment, as provided by K.S.A. 60-258, and amendments thereto, exceptthat upon a showing ofexcusable neglect based on a failure of a party to learn of the entry ofjudgment the district court in any action may extend the time for appealnot exceeding 30 days from the expiration of the original timeherein prescribed. The running of the time for appeal is terminated by atimely motion made pursuant to any of the rules hereinafter enumerated, andthe full time for appeal fixed in this subsection commences to run and isto be computed from the entry of any of the following orders made upon atimely motion under such rules: Granting or denying a motion for judgmentunder subsection (b) of K.S.A. 60-250, and amendmentsthereto; or granting or denying a motionunder subsection (b) of K.S.A. 60-252, and amendments thereto,to amend or make additional findings of fact, whether or not analteration of the judgment would be required if the motion is granted; orgranting or denying a motion under K.S.A. 60-259, and amendmentsthereto, to alter or amend thejudgment; or denying a motion for new trial under K.S.A. 60-259, andamendments thereto.
A party may appeal from a judgment by filing with the clerk of thedistrict court a notice of appeal. Failure of the appellant to take any ofthe further steps to secure the review of the judgment appealed from doesnot affect the validity of the appeal, but is ground only for such remediesas are specified in this chapter, or when no remedy is specified, for suchaction as the appellate court having jurisdiction over the appealdeems appropriate, which may include dismissal of the appeal.If the record on appeal has not been filed with the appellatecourt, the parties, with the approval of the district court, may dismissthe appeal by stipulation filed in the district court, or that court maydismiss the appeal upon motion and notice by the appellant.
(b) Notice of appeal. The notice of appeal shall specify thepartiestaking the appeal; shall designate the judgment or part thereof appealedfrom, and shall name the appellate court to which the appeal is taken. Theappealing party shall cause notice of the appeal to be served upon allother parties to the judgment as provided in K.S.A. 60-205, and amendmentsthereto, but such party'sfailure so to do does not affect the validity of the appeal.
(c) Security for costs. Security for the costs on appeal shall begiven in such sum and manner as shall be prescribed by a general rule ofthe supreme court unless the appellate court shall make a different orderapplicableto a particular case.
(d) Supersedeas bond. (1) Whenever an appellant entitledtheretodesires a stay on appeal, such appellant may present tothe district court for itsapproval a supersedeas bond which shall have such surety or sureties as thecourt requires. Subject to paragraph (2), the bond shall be conditionedfor the satisfaction of thejudgment in full together with costs, interest, and damages for delay, iffor any reason the appeal is dismissed, or if the judgment is affirmed, andto satisfy in full such modification of the judgment such costs, interest,and damages as the appellate court may adjudge and award. When the judgmentis for the recovery of money not otherwise secured, the amount of the bondshall be fixed at such sum as will cover the whole amount of the judgmentremaining unsatisfied, costs on the appeal, interest, and damages fordelay, unless the court after notice and hearing and for good cause shownfixes a different amount or orders security other than the bond. When thejudgment determines the disposition of the property in controversy as inreal actions, replevin, and actions to foreclose mortgages or when suchproperty is in the custody of the sheriff or when the proceeds of suchproperty or a bond for its value is in the custody or control of the court,the amount of the supersedeas bond shall be fixed after notice and hearingat such sum only as will secure the amount recovered for the use anddetention of the property, the costs of the action, costs on appeal,interest, and damages for delay. When an order is made discharging,vacating, or modifying a provisional remedy, or modifying or dissolving aninjunction, a party aggrieved thereby shall be entitled, upon applicationto the judge, to have the operation of such order suspended for a period ofnot to exceed 10 days on condition that, withinsuch period of 10 days such party shall file a notice of appealand obtain the approval ofsuch supersedeas bond as is required under this section.
(2) (A) Except as provided in paragraph (B), if an appellant appealsfromany form of judgment based onany legal theory and seeks a stay of enforcement during the period ofappeal, the supersedeas bondshall be setat the full amount of the judgment. If the appellant proves by a preponderanceof the evidence that setting the supersedeas bond at the full amount of thejudgment will result in the appellant suffering an undue hardship or a denialof the right to an appeal, then the court may reduce the amount of thesupersedeas bond as follows:
(i) If the judgment is less than or equal to $1,000,000 in value, the supersedeas bond shall be set at the full amount of the judgment;or
(ii) if the judgment exceeds $1,000,000 in value, the supersedeas bond shallbe set at a total of $1,000,000 plus 25% of any amount in excess of$1,000,000.
(B) The limitations on the amount of a supersedeas bond established byparagraph (A)(i) or (A) (ii) shall not apply if:
(i) The appellee proves by a preponderance of the evidence thatthe appellant bringing the appeal is purposefully dissipating or divertingassets outside of the ordinary course of its business for the purpose ofavoiding ultimate payment of the judgment, and in such event, the court mayenter suchorders as are necessary to stop the dissipation and diversion of assets,including a requirement that the appellant post a bond in the full amountof the judgment; or
(ii) the court makes a finding on the record thatthe appellant bringing the appeal is likely to disburse assets reasonablynecessary to satisfy thejudgment, and in such event, the court may increase the amount ofsuch bond required not to exceed the full amount of the judgment.
(C) Nothing in this section shall be construed to prohibit a court fromsetting a supersedeas bond in a lower amount as may be otherwise requiredby law or for good cause shown.
(D) A bond shall not be found insufficient under any other provisionof law due to limits imposed under this subsection.
(e) Failure to file or insufficiency of bond. If a supersedeasbondis not filed within the time specified, or if the bond filed is foundinsufficient, and if the action is not yet docketed with the appellate court,a bond may be filed at such time before the action is so docketed as may befixed by the district court. After the action is so docketed, applicationfor leave to file a bond may be made only in the appellate court.
(f) Judgment against surety. By entering into a supersedeas bondgiven pursuant to subsections (c) and (d), the suretysubmits such surety's self to the jurisdictionof the court and irrevocably appointsthe clerk of the court as such surety's agent upon whomany papers affecting such surety'sliability on the bond may be served. Such surety'sliability may be enforced onmotion without the necessity of an independent action. The motion and suchnotice of the motion as the judge prescribes may be served on the clerk ofthe court who shall forthwith mail copies to the surety ifsuch surety's address isknown.
(g) Docketing record on appeal. The record on appeal shall befiledand docketed with the appellate court at such time as the supreme court mayprescribe by rule.
(h) Cross-appeal. When notice of appeal has been served in a caseand the appellee desires to have a review of rulings and decisions of whichsuch appellee complains, the appellee shall, within 20 days after thenotice of appealhas been served upon such appellee and filed with theclerk of the trial court, givenotice of such appellee's cross-appeal.
(i) Intermediate rulings. When an appeal or cross-appeal has beentimely perfected, the fact that some ruling of which the appealing orcross-appealing party complains was made more than 30 days beforefiling of the notice of appeal shall not prevent a review of the ruling.
History: L. 1963, ch. 303, 60-2103; L. 1975, ch. 178, § 29;L. 1988, ch. 206, § 2;L. 1997, ch. 173, § 32;L. 2005, ch. 203, § 2; July 1.
60-2103.Appellate procedure.(a) When and how taken. When an appeal is permitted by law from adistrict court to an appellate court, the time within which an appealmay be taken shall be 30 days from the entry of thejudgment, as provided by K.S.A. 60-258, and amendments thereto, exceptthat upon a showing ofexcusable neglect based on a failure of a party to learn of the entry ofjudgment the district court in any action may extend the time for appealnot exceeding 30 days from the expiration of the original timeherein prescribed. The running of the time for appeal is terminated by atimely motion made pursuant to any of the rules hereinafter enumerated, andthe full time for appeal fixed in this subsection commences to run and isto be computed from the entry of any of the following orders made upon atimely motion under such rules: Granting or denying a motion for judgmentunder subsection (b) of K.S.A. 60-250, and amendmentsthereto; or granting or denying a motionunder subsection (b) of K.S.A. 60-252, and amendments thereto,to amend or make additional findings of fact, whether or not analteration of the judgment would be required if the motion is granted; orgranting or denying a motion under K.S.A. 60-259, and amendmentsthereto, to alter or amend thejudgment; or denying a motion for new trial under K.S.A. 60-259, andamendments thereto.
A party may appeal from a judgment by filing with the clerk of thedistrict court a notice of appeal. Failure of the appellant to take any ofthe further steps to secure the review of the judgment appealed from doesnot affect the validity of the appeal, but is ground only for such remediesas are specified in this chapter, or when no remedy is specified, for suchaction as the appellate court having jurisdiction over the appealdeems appropriate, which may include dismissal of the appeal.If the record on appeal has not been filed with the appellatecourt, the parties, with the approval of the district court, may dismissthe appeal by stipulation filed in the district court, or that court maydismiss the appeal upon motion and notice by the appellant.
(b) Notice of appeal. The notice of appeal shall specify thepartiestaking the appeal; shall designate the judgment or part thereof appealedfrom, and shall name the appellate court to which the appeal is taken. Theappealing party shall cause notice of the appeal to be served upon allother parties to the judgment as provided in K.S.A. 60-205, and amendmentsthereto, but such party'sfailure so to do does not affect the validity of the appeal.
(c) Security for costs. Security for the costs on appeal shall begiven in such sum and manner as shall be prescribed by a general rule ofthe supreme court unless the appellate court shall make a different orderapplicableto a particular case.
(d) Supersedeas bond. (1) Whenever an appellant entitledtheretodesires a stay on appeal, such appellant may present tothe district court for itsapproval a supersedeas bond which shall have such surety or sureties as thecourt requires. Subject to paragraph (2), the bond shall be conditionedfor the satisfaction of thejudgment in full together with costs, interest, and damages for delay, iffor any reason the appeal is dismissed, or if the judgment is affirmed, andto satisfy in full such modification of the judgment such costs, interest,and damages as the appellate court may adjudge and award. When the judgmentis for the recovery of money not otherwise secured, the amount of the bondshall be fixed at such sum as will cover the whole amount of the judgmentremaining unsatisfied, costs on the appeal, interest, and damages fordelay, unless the court after notice and hearing and for good cause shownfixes a different amount or orders security other than the bond. When thejudgment determines the disposition of the property in controversy as inreal actions, replevin, and actions to foreclose mortgages or when suchproperty is in the custody of the sheriff or when the proceeds of suchproperty or a bond for its value is in the custody or control of the court,the amount of the supersedeas bond shall be fixed after notice and hearingat such sum only as will secure the amount recovered for the use anddetention of the property, the costs of the action, costs on appeal,interest, and damages for delay. When an order is made discharging,vacating, or modifying a provisional remedy, or modifying or dissolving aninjunction, a party aggrieved thereby shall be entitled, upon applicationto the judge, to have the operation of such order suspended for a period ofnot to exceed 10 days on condition that, withinsuch period of 10 days such party shall file a notice of appealand obtain the approval ofsuch supersedeas bond as is required under this section.
(2) (A) Except as provided in paragraph (B), if an appellant appealsfromany form of judgment based onany legal theory and seeks a stay of enforcement during the period ofappeal, the supersedeas bondshall be setat the full amount of the judgment. If the appellant proves by a preponderanceof the evidence that setting the supersedeas bond at the full amount of thejudgment will result in the appellant suffering an undue hardship or a denialof the right to an appeal, then the court may reduce the amount of thesupersedeas bond as follows:
(i) If the judgment is less than or equal to $1,000,000 in value, the supersedeas bond shall be set at the full amount of the judgment;or
(ii) if the judgment exceeds $1,000,000 in value, the supersedeas bond shallbe set at a total of $1,000,000 plus 25% of any amount in excess of$1,000,000.
(B) The limitations on the amount of a supersedeas bond established byparagraph (A)(i) or (A) (ii) shall not apply if:
(i) The appellee proves by a preponderance of the evidence thatthe appellant bringing the appeal is purposefully dissipating or divertingassets outside of the ordinary course of its business for the purpose ofavoiding ultimate payment of the judgment, and in such event, the court mayenter suchorders as are necessary to stop the dissipation and diversion of assets,including a requirement that the appellant post a bond in the full amountof the judgment; or
(ii) the court makes a finding on the record thatthe appellant bringing the appeal is likely to disburse assets reasonablynecessary to satisfy thejudgment, and in such event, the court may increase the amount ofsuch bond required not to exceed the full amount of the judgment.
(C) Nothing in this section shall be construed to prohibit a court fromsetting a supersedeas bond in a lower amount as may be otherwise requiredby law or for good cause shown.
(D) A bond shall not be found insufficient under any other provisionof law due to limits imposed under this subsection.
(e) Failure to file or insufficiency of bond. If a supersedeasbondis not filed within the time specified, or if the bond filed is foundinsufficient, and if the action is not yet docketed with the appellate court,a bond may be filed at such time before the action is so docketed as may befixed by the district court. After the action is so docketed, applicationfor leave to file a bond may be made only in the appellate court.
(f) Judgment against surety. By entering into a supersedeas bondgiven pursuant to subsections (c) and (d), the suretysubmits such surety's self to the jurisdictionof the court and irrevocably appointsthe clerk of the court as such surety's agent upon whomany papers affecting such surety'sliability on the bond may be served. Such surety'sliability may be enforced onmotion without the necessity of an independent action. The motion and suchnotice of the motion as the judge prescribes may be served on the clerk ofthe court who shall forthwith mail copies to the surety ifsuch surety's address isknown.
(g) Docketing record on appeal. The record on appeal shall befiledand docketed with the appellate court at such time as the supreme court mayprescribe by rule.
(h) Cross-appeal. When notice of appeal has been served in a caseand the appellee desires to have a review of rulings and decisions of whichsuch appellee complains, the appellee shall, within 20 days after thenotice of appealhas been served upon such appellee and filed with theclerk of the trial court, givenotice of such appellee's cross-appeal.
(i) Intermediate rulings. When an appeal or cross-appeal has beentimely perfected, the fact that some ruling of which the appealing orcross-appealing party complains was made more than 30 days beforefiling of the notice of appeal shall not prevent a review of the ruling.
History: L. 1963, ch. 303, 60-2103; L. 1975, ch. 178, § 29;L. 1988, ch. 206, § 2;L. 1997, ch. 173, § 32;L. 2005, ch. 203, § 2; July 1.
60-2103.Appellate procedure.(a) When and how taken. When an appeal is permitted by law from adistrict court to an appellate court, the time within which an appealmay be taken shall be 30 days from the entry of thejudgment, as provided by K.S.A. 60-258, and amendments thereto, exceptthat upon a showing ofexcusable neglect based on a failure of a party to learn of the entry ofjudgment the district court in any action may extend the time for appealnot exceeding 30 days from the expiration of the original timeherein prescribed. The running of the time for appeal is terminated by atimely motion made pursuant to any of the rules hereinafter enumerated, andthe full time for appeal fixed in this subsection commences to run and isto be computed from the entry of any of the following orders made upon atimely motion under such rules: Granting or denying a motion for judgmentunder subsection (b) of K.S.A. 60-250, and amendmentsthereto; or granting or denying a motionunder subsection (b) of K.S.A. 60-252, and amendments thereto,to amend or make additional findings of fact, whether or not analteration of the judgment would be required if the motion is granted; orgranting or denying a motion under K.S.A. 60-259, and amendmentsthereto, to alter or amend thejudgment; or denying a motion for new trial under K.S.A. 60-259, andamendments thereto.
A party may appeal from a judgment by filing with the clerk of thedistrict court a notice of appeal. Failure of the appellant to take any ofthe further steps to secure the review of the judgment appealed from doesnot affect the validity of the appeal, but is ground only for such remediesas are specified in this chapter, or when no remedy is specified, for suchaction as the appellate court having jurisdiction over the appealdeems appropriate, which may include dismissal of the appeal.If the record on appeal has not been filed with the appellatecourt, the parties, with the approval of the district court, may dismissthe appeal by stipulation filed in the district court, or that court maydismiss the appeal upon motion and notice by the appellant.
(b) Notice of appeal. The notice of appeal shall specify thepartiestaking the appeal; shall designate the judgment or part thereof appealedfrom, and shall name the appellate court to which the appeal is taken. Theappealing party shall cause notice of the appeal to be served upon allother parties to the judgment as provided in K.S.A. 60-205, and amendmentsthereto, but such party'sfailure so to do does not affect the validity of the appeal.
(c) Security for costs. Security for the costs on appeal shall begiven in such sum and manner as shall be prescribed by a general rule ofthe supreme court unless the appellate court shall make a different orderapplicableto a particular case.
(d) Supersedeas bond. (1) Whenever an appellant entitledtheretodesires a stay on appeal, such appellant may present tothe district court for itsapproval a supersedeas bond which shall have such surety or sureties as thecourt requires. Subject to paragraph (2), the bond shall be conditionedfor the satisfaction of thejudgment in full together with costs, interest, and damages for delay, iffor any reason the appeal is dismissed, or if the judgment is affirmed, andto satisfy in full such modification of the judgment such costs, interest,and damages as the appellate court may adjudge and award. When the judgmentis for the recovery of money not otherwise secured, the amount of the bondshall be fixed at such sum as will cover the whole amount of the judgmentremaining unsatisfied, costs on the appeal, interest, and damages fordelay, unless the court after notice and hearing and for good cause shownfixes a different amount or orders security other than the bond. When thejudgment determines the disposition of the property in controversy as inreal actions, replevin, and actions to foreclose mortgages or when suchproperty is in the custody of the sheriff or when the proceeds of suchproperty or a bond for its value is in the custody or control of the court,the amount of the supersedeas bond shall be fixed after notice and hearingat such sum only as will secure the amount recovered for the use anddetention of the property, the costs of the action, costs on appeal,interest, and damages for delay. When an order is made discharging,vacating, or modifying a provisional remedy, or modifying or dissolving aninjunction, a party aggrieved thereby shall be entitled, upon applicationto the judge, to have the operation of such order suspended for a period ofnot to exceed 10 days on condition that, withinsuch period of 10 days such party shall file a notice of appealand obtain the approval ofsuch supersedeas bond as is required under this section.
(2) (A) Except as provided in paragraph (B), if an appellant appealsfromany form of judgment based onany legal theory and seeks a stay of enforcement during the period ofappeal, the supersedeas bondshall be setat the full amount of the judgment. If the appellant proves by a preponderanceof the evidence that setting the supersedeas bond at the full amount of thejudgment will result in the appellant suffering an undue hardship or a denialof the right to an appeal, then the court may reduce the amount of thesupersedeas bond as follows:
(i) If the judgment is less than or equal to $1,000,000 in value, the supersedeas bond shall be set at the full amount of the judgment;or
(ii) if the judgment exceeds $1,000,000 in value, the supersedeas bond shallbe set at a total of $1,000,000 plus 25% of any amount in excess of$1,000,000.
(B) The limitations on the amount of a supersedeas bond established byparagraph (A)(i) or (A) (ii) shall not apply if:
(i) The appellee proves by a preponderance of the evidence thatthe appellant bringing the appeal is purposefully dissipating or divertingassets outside of the ordinary course of its business for the purpose ofavoiding ultimate payment of the judgment, and in such event, the court mayenter suchorders as are necessary to stop the dissipation and diversion of assets,including a requirement that the appellant post a bond in the full amountof the judgment; or
(ii) the court makes a finding on the record thatthe appellant bringing the appeal is likely to disburse assets reasonablynecessary to satisfy thejudgment, and in such event, the court may increase the amount ofsuch bond required not to exceed the full amount of the judgment.
(C) Nothing in this section shall be construed to prohibit a court fromsetting a supersedeas bond in a lower amount as may be otherwise requiredby law or for good cause shown.
(D) A bond shall not be found insufficient under any other provisionof law due to limits imposed under this subsection.
(e) Failure to file or insufficiency of bond. If a supersedeasbondis not filed within the time specified, or if the bond filed is foundinsufficient, and if the action is not yet docketed with the appellate court,a bond may be filed at such time before the action is so docketed as may befixed by the district court. After the action is so docketed, applicationfor leave to file a bond may be made only in the appellate court.
(f) Judgment against surety. By entering into a supersedeas bondgiven pursuant to subsections (c) and (d), the suretysubmits such surety's self to the jurisdictionof the court and irrevocably appointsthe clerk of the court as such surety's agent upon whomany papers affecting such surety'sliability on the bond may be served. Such surety'sliability may be enforced onmotion without the necessity of an independent action. The motion and suchnotice of the motion as the judge prescribes may be served on the clerk ofthe court who shall forthwith mail copies to the surety ifsuch surety's address isknown.
(g) Docketing record on appeal. The record on appeal shall befiledand docketed with the appellate court at such time as the supreme court mayprescribe by rule.
(h) Cross-appeal. When notice of appeal has been served in a caseand the appellee desires to have a review of rulings and decisions of whichsuch appellee complains, the appellee shall, within 20 days after thenotice of appealhas been served upon such appellee and filed with theclerk of the trial court, givenotice of such appellee's cross-appeal.
(i) Intermediate rulings. When an appeal or cross-appeal has beentimely perfected, the fact that some ruling of which the appealing orcross-appealing party complains was made more than 30 days beforefiling of the notice of appeal shall not prevent a review of the ruling.
History: L. 1963, ch. 303, 60-2103; L. 1975, ch. 178, § 29;L. 1988, ch. 206, § 2;L. 1997, ch. 173, § 32;L. 2005, ch. 203, § 2; July 1.
