Kansas Notice of Appeal

Introduction

Key Things to Know

1. 1

   For a judgment of a district judge, or of a district magistrate judge regularly admitted to practice law, the notice of appeal is due 30 days from entry of the judgment, not from service of the judgment or notice of its entry (K.S.A. 60-2103(a); 60-258). The 30 days is tolled and restarts from entry of the ruling on a timely motion under K.S.A. 60-250(b), 60-252(b), or 60-259, and a cross-appeal must be noticed within 21 days after the notice of appeal is served (K.S.A. 60-2103(h)). An appeal from a district magistrate judge not regularly admitted to practice law is due in 14 days (K.S.A. 60-2103a(a)), and an eviction defendant's appeal of the restitution-of-premises portion in 7 days (K.S.A. 61-3902(a)).

2. 2

   Kansas is one of the few states that lets a court extend this deadline: on a showing of excusable neglect based on the appealing party's failure to learn the judgment was entered, the district court may extend the time to appeal by up to 30 additional days beyond the original 30-day period (K.S.A. 60-2103(a)). Outside that showing, the deadline generally cannot be extended.

3. 3

   File the notice with the clerk of the district court that entered the judgment, never with the appellate court (K.S.A. 60-2103(a)). Ordinary civil appeals go to the Kansas Court of Appeals; the Kansas Supreme Court hears the narrow categories where a direct appeal is required by law (K.S.A. 60-2102(a)(4), (b)), plus cases it transfers to itself from the Court of Appeals (K.S.A. 20-3016 through 20-3018).

4. 4

   K.S.A. 60-2103(b) requires the notice to specify the parties taking the appeal, designate the judgment or the part of it appealed from, and name the appellate court the appeal is taken to. No official form is prescribed for this Chapter 60 general civil notice; the Kansas Judicial Council's Chapter 60 forms page lists none.

5. 5

   The $145 appellate docket fee is not due when the notice of appeal is filed with the district court clerk; it is due later, when the appeal is docketed with the clerk of the appellate courts within 60 days after the notice is filed (K.S.A. 20-3021(a)(1); Kansas S. Ct. Rule 2.04(d)(1); confirm the current fee with the clerk). A poverty affidavit filed in lieu of the fee can excuse it (K.S.A. 20-3021(b)). Ask the district court clerk whether any fee applies when the notice itself is filed.

6. 6

   Filing the notice does not by itself stop the other side from collecting on the judgment. A stay requires the district court's approval of a supersedeas bond, generally set at the full amount of the judgment, though on the appellant's showing of undue hardship a court may cap it for judgments over $1,000,000, and with that showing no bond may exceed $25,000,000 (K.S.A. 60-2103(d)(1)-(2)).

7. 7

   A Kansas small-claims judgment is appealed differently: either party may appeal, the deadline is 14 days from entry of judgment, and the case is tried de novo before a different district judge, with enforcement automatically stayed during the appeal without a supersedeas bond (K.S.A. 61-2709(a)).

Kansas Requirements for Notice of Appeal

• 30-Day Deadline Runs From Entry of Judgment

  For a judgment of a district judge or law-trained district magistrate judge, the notice of appeal is due 30 days from entry of the judgment, as K.S.A. 60-258 defines entry, not from service of the judgment or notice of its entry (K.S.A. 60-2103(a)).

• Tolling for Timely Post-Trial Motions

  The 30-day period is tolled and restarts from entry of the ruling on a timely motion under K.S.A. 60-250(b) (renewed judgment as a matter of law), 60-252(b) (amend or add findings), or 60-259 (alter or amend the judgment, or a new trial).

• Narrow Excusable-Neglect Extension

  On a showing of excusable neglect based on the appealing party's failure to learn the judgment was entered, the district court may extend the time to appeal by up to 30 additional days beyond the original 30-day period (K.S.A. 60-2103(a)).

• Filed With the District Court Clerk

  The notice is filed with the clerk of the district court that entered the judgment, never with the appellate court, regardless of which appellate court ultimately hears the case (K.S.A. 60-2103(a)).

• Content the Notice Must State

  K.S.A. 60-2103(b) requires the notice to specify the parties taking the appeal, designate the judgment or the part of it appealed from, and name the appellate court the appeal is taken to.

• No Official Form for a Chapter 60 Notice

  The Kansas Judicial Council's Chapter 60 civil actions forms page lists no notice-of-appeal form for an ordinary civil case; a Judicial Council Notice of Appeal form exists only for limited actions under Chapter 61, including small claims and evictions.

• Docket Fee Deferred to the Docketing Stage

  The $145 appellate docket fee is not due when the notice of appeal is filed with the district court clerk; it is due when the appeal is docketed with the clerk of the appellate courts within 60 days after the notice is filed (K.S.A. 20-3021(a)(1); confirm the current fee with the clerk).

• Supersedeas Bond Needed to Stay Enforcement

  Filing the notice does not by itself stop enforcement of the judgment. A stay requires the district court's approval of a supersedeas bond, generally the full judgment amount; only on the appellant's showing of undue hardship may the court apply a capped formula for judgments over $1,000,000 and a $25,000,000 ceiling (K.S.A. 60-2103(d)(1)-(2)).

• Small-Claims Appeal Is a De Novo Trial

  A small-claims judgment is appealed by either party within 14 days of entry and tried de novo before a different district judge, with enforcement automatically stayed during the appeal without a supersedeas bond (K.S.A. 61-2709(a)).