Session of 2000
HOUSE BILL No. 2907
By Representative O'Neal
2-8
10 AN ACT relating
to civil procedure; concerning the filing of cross ap-
11 peals; amending K.S.A.
1999 Supp. 60-2103 and repealing the existing
12 section.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 1999 Supp. 60-2103 is hereby amended to read as
16 follows: 60-2103. (a) When and how
taken. When an appeal is permitted
17 by law from a district court to an
appellate court, the time within which
18 an appeal may be taken shall be 30 days
from the entry of the judgment,
19 as provided by K.S.A. 60-258, and
amendments thereto, except that upon
20 a showing of excusable neglect based on a
failure of a party to learn of
21 the entry of judgment the district court in
any action may extend the time
22 for appeal not exceeding 30 days from the
expiration of the original time
23 herein prescribed. The running of the time
for appeal is terminated by a
24 timely motion made pursuant to any of the
rules hereinafter enumerated,
25 and the full time for appeal fixed in this
subsection commences to run
26 and is to be computed from the entry of any
of the following orders made
27 upon a timely motion under such rules:
Granting or denying a motion for
28 judgment under subsection (b) of K.S.A.
60-250, and amendments
29 thereto; or granting or denying a motion
under subsection (b) of K.S.A.
30 60-252, and amendments thereto, to amend or
make additional findings
31 of fact, whether or not an alteration of
the judgment would be required
32 if the motion is granted; or granting or
denying a motion under K.S.A.
33 60-259, and amendments thereto, to alter or
amend the judgment; or
34 denying a motion for new trial under K.S.A.
60-259, and amendments
35 thereto.
36 A party may appeal
from a judgment by filing with the clerk of the
37 district court a notice of appeal. Failure
of the appellant to take any of
38 the further steps to secure the review of
the judgment appealed from
39 does not affect the validity of the appeal,
but is ground only for such
40 remedies as are specified in this chapter,
or when no remedy is specified,
41 for such action as the appellate court
having jurisdiction over the appeal
42 deems appropriate, which may include
dismissal of the appeal. If the
43 record on appeal has not been filed with
the appellate court, the parties,
2
1 with the approval of the district
court, may dismiss the appeal by stipu-
2 lation filed in the district court,
or that court may dismiss the appeal upon
3 motion and notice by the
appellant.
4
(b) Notice of appeal. The notice of appeal shall
specify the parties
5 taking the appeal; shall designate
the judgment or part thereof appealed
6 from, and shall name the appellate
court to which the appeal is taken.
7 The appealing party shall cause
notice of the appeal to be served upon
8 all other parties to the judgment as
provided in K.S.A. 60-205, and
9 amendments thereto, but such party's
failure so to do does not affect the
10 validity of the appeal.
11 (c) Security
for costs. Security for the costs on appeal shall be given
12 in such sum and manner as shall be
prescribed by a general rule of the
13 supreme court unless the appellate court
shall make a different order
14 applicable to a particular case.
15
(d) Supersedeas bond. Whenever an appellant entitled
thereto desires
16 a stay on appeal, such appellant may
present to the district court for its
17 approval a supersedeas bond which shall
have such surety or sureties as
18 the court requires. The bond shall be
conditioned for the satisfaction of
19 the judgment in full together with costs,
interest, and damages for delay,
20 if for any reason the appeal is dismissed,
or if the judgment is affirmed,
21 and to satisfy in full such modification of
the judgment such costs, inter-
22 est, and damages as the appellate court may
adjudge and award. When
23 the judgment is for the recovery of money
not otherwise secured, the
24 amount of the bond shall be fixed at such
sum as will cover the whole
25 amount of the judgment remaining
unsatisfied, costs on the appeal, in-
26 terest, and damages for delay, unless the
court after notice and hearing
27 and for good cause shown fixes a different
amount or orders security other
28 than the bond. When the judgment determines
the disposition of the
29 property in controversy as in real actions,
replevin, and actions to fore-
30 close mortgages or when such property is in
the custody of the sheriff or
31 when the proceeds of such property or a
bond for its value is in the
32 custody or control of the court, the amount
of the supersedeas bond shall
33 be fixed after notice and hearing at such
sum only as will secure the
34 amount recovered for the use and detention
of the property, the costs of
35 the action, costs on appeal, interest, and
damages for delay. When an
36 order is made discharging, vacating, or
modifying a provisional remedy,
37 or modifying or dissolving an injunction, a
party aggrieved thereby shall
38 be entitled, upon application to the judge,
to have the operation of such
39 order suspended for a period of not to
exceed 10 days on condition that,
40 within such period of 10 days such party
shall file a notice of appeal and
41 obtain the approval of such supersedeas
bond as is required under this
42 section.
43 (e) Failure to
file or insufficiency of bond. If a supersedeas bond is
3
1 not filed within the time specified,
or if the bond filed is found insuffi-
2 cient, and if the action is not yet
docketed with the appellate court, a
3 bond may be filed at such time before
the action is so docketed as may
4 be fixed by the district court. After
the action is so docketed, application
5 for leave to file a bond may be made
only in the appellate court.
6
(f) Judgment against surety. By entering into a
supersedeas bond
7 given pursuant to subsections (c) and
(d), the surety submits such surety's
8 self to the jurisdiction of the court
and irrevocably appoints the clerk of
9 the court as such surety's agent upon
whom any papers affecting such
10 surety's liability on the bond may be
served. Such surety's liability may
11 be enforced on motion without the necessity
of an independent action.
12 The motion and such notice of the motion as
the judge prescribes may
13 be served on the clerk of the court who
shall forthwith mail copies to the
14 surety if such surety's address is
known.
15 (g) Docketing
record on appeal. The record on appeal shall be filed
16 and docketed with the appellate court at
such time as the supreme court
17 may prescribe by rule.
18
(h) Cross-appeal. When notice of appeal has been served
in a case
19 and the appellee desires to have a review
of rulings and decisions of which
20 such appellee complains, the appellee
shall, within 20 days after the notice
21 of appeal has been served upon such
appellee and filed with the clerk of
22 the trial court, give notice of such
appellee's cross-appeal. The provisions
23 of this subsection are applicable to all
appeals authorized pursuant to
24 K.S.A. 44-556 and amendments
thereto.
25
(i) Intermediate rulings. When an appeal or
cross-appeal has been
26 timely perfected, the fact that some ruling
of which the appealing or cross-
27 appealing party complains was made more
than 30 days before filing of
28 the notice of appeal shall not prevent a
review of the ruling.
29 Sec. 2. K.S.A. 1999 Supp.
60-2103 is hereby repealed.
30 Sec. 3. This act shall
take effect and be in force from and after its
31 publication in the statute book.