60-2106.Appellate court decisions; school financeissues, limitations.(a) Opinions. Itshall be the duty of the judges of an appellate court to prepare and file withthe papers in each case,the opinion of the court upon the questions of law arising in the case, within60 days afterthe decision of the same; and the opinion so filed shall be treated as a partof the record in the case,but no costs shall be charged therefor, except for copies thereof ordered by aparty, and no mandateshall be sent to the court below, until the opinion provided for by thissection has been filed.
A memorandum opinion may be prepared in any case where no new question of lawisdecided or which is otherwise considered as having no value as a precedent.Such a memorandumopinion need not contain a syllabus or statement of facts. In all other cases aformal opinion shall beprepared.
(b) Syllabus. Each formal opinion shall contain a syllabus of thepoints of law decided,which shall be confined to those questions necessarily arising from the factsin the case.
(c) Judgment and mandate. The supreme court may by rule providefor post decisionmotions for rehearing or other relief. When under such rule a decision of anappellate court becomesfinal, such court shall promptly cause to be transmitted to the clerk of thedistrict court its mandatecontaining such directions as are appropriate under the decision. A copy of theopinion of the courtshall accompany and be a part of the mandate. The clerk of the district courtshall make a notationthereof on the appearance docket. Such mandate and opinion, without furtherorder of the judge,shall thereupon be a part of the judgment of the court if it is determinativeof the action, or shall becontrolling in the conduct of any further proceedings necessary in the districtcourt.
(d) As a part of a remedy, preliminary decision or final decision in which astatute orlegislative enactment of this state has been held unconstitutional as aviolation of article 6 of theKansas constitution, the appellate court or any master or other person orpersons appointed by theappellate court to hear or determine a cause or controversy or to make orenforce any order or remedyordered by a court pursuant to K.S.A. 60-253, and amendments thereto, or anyother provision of law, shall not have the authority to order a school districtor any attendance center within a schooldistrict to be closed or enjoin the use of all statutes related to thedistribution of funds for publiceducation.
History: L. 1963, ch. 303, 60-2106;amended by Supreme Court order dated Jan. 5, 1972;L. 1975, ch. 178, § 30;L. 2005, ch. 2, § 23 (Special Session); July 28.
60-2106.Appellate court decisions; school financeissues, limitations.(a) Opinions. Itshall be the duty of the judges of an appellate court to prepare and file withthe papers in each case,the opinion of the court upon the questions of law arising in the case, within60 days afterthe decision of the same; and the opinion so filed shall be treated as a partof the record in the case,but no costs shall be charged therefor, except for copies thereof ordered by aparty, and no mandateshall be sent to the court below, until the opinion provided for by thissection has been filed.
A memorandum opinion may be prepared in any case where no new question of lawisdecided or which is otherwise considered as having no value as a precedent.Such a memorandumopinion need not contain a syllabus or statement of facts. In all other cases aformal opinion shall beprepared.
(b) Syllabus. Each formal opinion shall contain a syllabus of thepoints of law decided,which shall be confined to those questions necessarily arising from the factsin the case.
(c) Judgment and mandate. The supreme court may by rule providefor post decisionmotions for rehearing or other relief. When under such rule a decision of anappellate court becomesfinal, such court shall promptly cause to be transmitted to the clerk of thedistrict court its mandatecontaining such directions as are appropriate under the decision. A copy of theopinion of the courtshall accompany and be a part of the mandate. The clerk of the district courtshall make a notationthereof on the appearance docket. Such mandate and opinion, without furtherorder of the judge,shall thereupon be a part of the judgment of the court if it is determinativeof the action, or shall becontrolling in the conduct of any further proceedings necessary in the districtcourt.
(d) As a part of a remedy, preliminary decision or final decision in which astatute orlegislative enactment of this state has been held unconstitutional as aviolation of article 6 of theKansas constitution, the appellate court or any master or other person orpersons appointed by theappellate court to hear or determine a cause or controversy or to make orenforce any order or remedyordered by a court pursuant to K.S.A. 60-253, and amendments thereto, or anyother provision of law, shall not have the authority to order a school districtor any attendance center within a schooldistrict to be closed or enjoin the use of all statutes related to thedistribution of funds for publiceducation.
History: L. 1963, ch. 303, 60-2106;amended by Supreme Court order dated Jan. 5, 1972;L. 1975, ch. 178, § 30;L. 2005, ch. 2, § 23 (Special Session); July 28.
60-2106.Appellate court decisions; school financeissues, limitations.(a) Opinions. Itshall be the duty of the judges of an appellate court to prepare and file withthe papers in each case,the opinion of the court upon the questions of law arising in the case, within60 days afterthe decision of the same; and the opinion so filed shall be treated as a partof the record in the case,but no costs shall be charged therefor, except for copies thereof ordered by aparty, and no mandateshall be sent to the court below, until the opinion provided for by thissection has been filed.
A memorandum opinion may be prepared in any case where no new question of lawisdecided or which is otherwise considered as having no value as a precedent.Such a memorandumopinion need not contain a syllabus or statement of facts. In all other cases aformal opinion shall beprepared.
(b) Syllabus. Each formal opinion shall contain a syllabus of thepoints of law decided,which shall be confined to those questions necessarily arising from the factsin the case.
(c) Judgment and mandate. The supreme court may by rule providefor post decisionmotions for rehearing or other relief. When under such rule a decision of anappellate court becomesfinal, such court shall promptly cause to be transmitted to the clerk of thedistrict court its mandatecontaining such directions as are appropriate under the decision. A copy of theopinion of the courtshall accompany and be a part of the mandate. The clerk of the district courtshall make a notationthereof on the appearance docket. Such mandate and opinion, without furtherorder of the judge,shall thereupon be a part of the judgment of the court if it is determinativeof the action, or shall becontrolling in the conduct of any further proceedings necessary in the districtcourt.
(d) As a part of a remedy, preliminary decision or final decision in which astatute orlegislative enactment of this state has been held unconstitutional as aviolation of article 6 of theKansas constitution, the appellate court or any master or other person orpersons appointed by theappellate court to hear or determine a cause or controversy or to make orenforce any order or remedyordered by a court pursuant to K.S.A. 60-253, and amendments thereto, or anyother provision of law, shall not have the authority to order a school districtor any attendance center within a schooldistrict to be closed or enjoin the use of all statutes related to thedistribution of funds for publiceducation.
History: L. 1963, ch. 303, 60-2106;amended by Supreme Court order dated Jan. 5, 1972;L. 1975, ch. 178, § 30;L. 2005, ch. 2, § 23 (Special Session); July 28.
