What is the process for obtaining an appellate court’s review of a jury verdict?
In Kansas, an appeal of a jury verdict is started by filing a written document called a Notice of Appeal. This document must be filed within 30 days of the entry of the final judgment in the trial court. The Notice of Appeal must include the names of all parties involved in the appeal, the court where the trial took place, and a statement of what the appellant (the party filing the appeal) believes the court made an error in its ruling. After the Notice of Appeal is filed, the appellant must also file an appellate brief, which is a legal document outlining the appellant’s argument as to why the trial court erred in its ruling. The appellate brief must be filed within 14 days of the Notice of Appeal. The appellee (the party responding to the appeal) can then file a reply brief within a certain amount of time. The reply brief outlines the appellee’s position as to why the trial court’s ruling should be upheld. Once both briefs have been filed, the appellate court will set a date for oral argument. At the argument, each side will have the opportunity to present their argument to the court and answer any questions the judges may have. Once the argument is complete, the court will issue a written opinion outlining their decision on whether or not the trial court’s ruling should be reversed. If the appellate court sides with the appellant, the court will issue an order reversing the trial court’s ruling and send it back for a new trial or a different judgment. If the appellate court sides with the appellee, the trial court’s ruling will stand.
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