What is the time period for filing an appeal?
In Kansas, the time period for filing an appeal is very limited. Generally, a person must file their notice of appeal with the clerk of the appellate court within 30 days of the lower court’s judgment or order. This time period may be extended if there are exceptional circumstances, such as if the appellant is in a different jurisdiction or is in military service. In such cases, an appeal must be filed within 90 days of the lower court’s judgment or order. It is important to note that an appeal is not the same thing as a petition for reconsideration, which allows the appellate court to review the lower court’s ruling for errors only. A petition must be filed within 14 days of the lower court’s final judgment or order. Failure to file an appeal within the time period allowed by law may result in the appellate court refusing to consider the appeal. This is known as "procedural default" and is a common issue in appellate law. As such, it is important to remember that the time period for filing an appeal is limited and that any failure to meet this requirement will likely result in the dismissal of the appeal. It is important to seek help from an attorney who is familiar with appellate law in Kansas in order to ensure that any notice of appeal is timely filed and to avoid any procedural defaults.
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