20-3017. Motion to transfer case from court of appeals to supreme court; rules of supreme court; allegations required; disposition of case by supreme court; failure to file motion deemed waiver of obj - Kansas Statutes

20-3017

Chapter 20.--COURTS Article 30.--COURT OF APPEALS

      20-3017.   Motion to transfer case from court of appeals to supremecourt; rules of supreme court; allegations required; disposition of caseby supreme court; failure to file motion deemed waiver of objection tojurisdiction of court of appeals.Within twenty (20) days after the date the notice of appeal has beenserved on the appellee in any case appealed to the court of appeals, anyparty to such case may file a motion with the clerk of the court ofappeals, requesting that such case be transferred to the supreme courtfor review and final determination by such court. Such motion shall bemade in the manner and form prescribed by rules of the supreme court,and it shall allege the existence of one (1) or more of the conditionsdescribed in subsection (a) of K.S.A. 20-3016. The clerk ofthe court of appeals promptly shall submit any motion made pursuant tothis section to the supreme court. The supreme court shall consider suchmotion and may accept the case for review and final determination or maydecline jurisdiction and order that the case be determined by the courtof appeals. A party's failure to file a motion in accordance with thissection shall be deemed a waiver of any objection by such party to thejurisdiction of the court of appeals.

      History:   L. 1975, ch. 178, § 17; July 1.