This document provides a summary of litigation procedures and court structure in Kansas. It discusses the state's appellate courts (Supreme Court and Court of Appeals), trial courts (District Courts and Municipal Courts), and key statutes and rules governing litigation procedures. Direct appeals can generally be made from District Courts to the Court of Appeals, and from the Court of Appeals to the Supreme Court. The Supreme Court has discretion to review Court of Appeals decisions. To become a member of the Kansas bar, attorneys must graduate from an ABA-accredited law school, pass the bar exam, and prove good moral character and mental fitness. Kansas offers reciprocity to attorneys admitted in other states.

1. © 2015 Thomson Reuters. All rights reserved.
A Q&A guide to general litigation information
for Kansas. Specifically this State Q&A covers
the Kansas state court structure, state statutes
and rules governing litigation procedure and the
attorney admissions process (including admission
without examination, pro hac vice admission
and in-house counsel registration). Answers to
questions can be compared across a number of
jurisdictions (see Litigation Overview: State Q&A
Tool (http://us.practicallaw.com/6-573-9227)).
STATE COURTS
1. What are your state's appellate courts? For each appellate
court, please identify:
„„ The courts from which a direct appeal may be taken to this
appellate court.
„„ The appellate court's general subject matter jurisdiction.
„„ The state courts(s), if any, to which a further appeal may be
sought.
The Kansas constitution vests judicial power exclusively in one court
of justice, which is divided into one supreme court, district courts and
any other courts provided by law (Kan. Const. Art. 3, § 1). The three
courts in Kansas that handle appellate review are:
„„ The Supreme Court.
„„ The Court of Appeals.
„„ The district courts.
SUPREME COURT
The Supreme Court is the highest court in Kansas.
Jurisdiction
The Supreme Court may exercise its discretion to review a decision
of the Court of Appeals on a petition for review (Kan. Stat. Ann. § 20-
3018; Kan. Sup. Ct. R. 8.03(a)).
The Court of Appeals may request that an undetermined case pending
before it be transferred to the Supreme Court for final determination
on certain grounds (Kan. Sup. Ct. R. 8.01(a)). A party may also request
under Section 20-3017 of the Kansas Statutes Annotated that an
undetermined case pending in the Court of Appeals be transferred to
the Supreme Court for final determination on certain grounds (Kan.
Sup. Ct. R. 8.02(a)).
To request transfer, a movant must show the existence of one or more
of the grounds for transfer specified in Section 20-3016(a) of the
Kansas Statutes Annotated by showing:
„„ One or more issues in the case are not within the jurisdiction of the
Court of Appeals.
„„ The subject matter of the case has significant public interest.
„„ The particular legal question raised has major public significance.
„„ The caseload of the Court of Appeals is such that the expeditious
administration of justice requires transfer.
(Kan. Stat. Ann. § 20-3016(a).)
The Supreme Court has original jurisdiction in quo warranto,
mandamus and habeas corpus cases (Kan. Const. Art. 3, § 3). The
Supreme Court also has original and exclusive jurisdiction for suits
in law or equity, or any controversy relating to the apportionment of
representation in the Kansas legislature (Kan. Stat. Ann. § 20-101a).
The Supreme Court may answer questions of law certified to it by:
„„ The US Supreme Court.
„„ A US Court of Appeals.
„„ A US District Court.
„„ The highest appellate court or the intermediate appellate court of
any other state.
(Kan. Stat. Ann. §§ 60-3201 to 60-3212.)
Litigation Overview: Kansas
AMY E. MORGAN, POLSINELLI PC, WITH PRACTICAL LAW LITIGATION
View the online version at http://us.practicallaw.com/0-555-4349

2. © 2015 Thomson Reuters. All rights reserved.2
Litigation Overview: Kansas
Direct Civil Jurisdiction
An appeal may sometimes be taken directly to the Supreme Court.
Direct appeal from civil cases is made to the Supreme Court for:
„„ A final judgment holding a Kansas or US statute unconstitutional
(Kan. Stat. Ann. § 60-2101(b)).
„„ A preliminary or final decision holding a Kansas statute uncon-
stitutional relating to school finance litigation (Kan. Stat. Ann. §
60-2102(b)(1)).
„„ A final decision made in an action challenging the constitutionality
of or arising out of any provision of the Kansas Expanded Lottery Act,
any lottery gaming facility management contract or any racetrack
gaming facility management contract entered into under the
Kansas Expanded Lottery Act (Kan. Stat. Ann. § 60-2102(b)(2)).
„„ A final order entered under the Eminent Domain Procedure Act
(Kan. Stat. Ann. § 26-504).
„„ Any action taken by the Kansas Corporation Commission under
the Kansas Natural Gas Pricing Act or regarding site preparation
or construction of electric generation facilities (Kan. Stat. Ann. §§
55-1410 and 66-1,164).
„„ Any decision of the Mental Health Technician Licensure Board
(Kan. Stat. Ann. § 65-4211).
„„ A determination of the district court in election contests (Kan. Stat.
Ann. § 25-1450).
„„ An order granting or denying either an original:
„„ organization license by the Kansas Racing Commission; or
„„ facility owner license or facility manager license.
(Kan. Stat. Ann. §§ 74-8813(v) and 74-8815(n).)
„„ Any decision of the district court by a person or taxpayer aggrieved
by airport zoning regulations (Kan. Stat. Ann. § 3-709).
„„ Any judgment or order regarding petitions for drainage (Kan. Stat.
Ann. § 24-702(f)).
„„ Any action of the Secretary of Human Resources concerning the
regulation of labor and industry according to the Kansas Judicial
Review Act (Kan. Stat. Ann. § 44-612).
For more information on appellate practice in Kansas, please see the
Judicial Council's Appellate Practice Handbook.
Direct Criminal Jurisdiction
Direct appeal from criminal cases is made to the Supreme Court when:
„„ A Kansas or US statute has been held unconstitutional (Kan. Stat.
Ann. § 22-3601(b)(1)).
„„ The defendant was convicted of a class A felony (Kan. Stat. Ann. §
22-3601(b)(2)).
„„ The defendant was sentenced to a maximum sentence of life
imprisonment (Kan. Stat. Ann. § 22-3601(b)(3)).
„„ Under certain statutorily-enumerated circumstances, when the
defendant has been convicted of an off-grid crime (Kan. Stat. Ann.
§ 22-3601(b)(4)).
A criminal defendant who is sentenced to death is subject to automatic
review by appeal to the Supreme Court (State v. Cheever, 284 P.3d 1007, 1014
(Kan. 2012), cert. granted in part on other grounds, 133 S. Ct. 1460 (2013)).
Further Appellate Review
The US Supreme Court may review a decision of the Kansas Supreme
Court in certain situations, such as where:
„„ The validity of a US treaty or statute is challenged.
„„ A state statute is claimed to be unconstitutional.
(28 U.S.C. § 1257(a).)
COURT OF APPEALS
The Court of Appeals sits and maintains its principal offices in the
capital city of Topeka, but its hearing panels may hear oral argument
in the courthouse of any county (Kan. Stat. Ann. § 20-3001).
Jurisdiction
The Court of Appeals has appellate jurisdiction over:
„„ Civil cases (Kan. Stat. Ann. § 60-2101(a)).
„„ Criminal cases (Kan. Stat. Ann. § 22-3601(a)).
„„ Cases from administrative bodies and officers of the state (Kan.
Stat. Ann. § 20-3001).
The Court of Appeals also has jurisdiction over a limited number of
off-grid crimes and has jurisdiction over all criminal interlocutory
appeals (Kan. Stat. Ann. § 22-3601(a), (b)(4)).
The Court of Appeals has original jurisdiction as may be necessary to
the complete determination of any case on review (Kan. Stat. Ann. §
20-3001). This includes habeas corpus proceedings (Kan. Stat. Ann. §
60-1501(a)).
There are also certain limited situations where direct appeals can be
made to the district courts or the Supreme Court (see Supreme Court
and District Courts).
Further Appellate Review
Appeals from the Court of Appeals go to the Supreme Court, the state's
highest court (Kan. Stat. Ann. § 20-3018; Kan. Sup. Ct. R. 8.03(a)).
DISTRICT COURTS
Although the district courts are primarily trial courts, they also have
limited appellate jurisdiction.
Jurisdiction
The district courts may hear appeals from actions decided by:
„„ District magistrate judges (Kan. Stat. Ann. § 60-2103a).
„„ Municipal courts (Kan. Stat. Ann. § 12-4601).
„„ Kansas agencies. The district courts may review and enforce
agency actions under the Kansas Judicial Review Act (Kan. Stat.
Ann. §§ 77-601 to 77-631).
District courts also have concurrent jurisdiction with the Supreme
Court over quo warranto, mandamus and habeas corpus proceedings.
These actions are typically filed in the district court.
Further Appellate Review
Further review of a district court's appellate rulings may be brought
to the Court of Appeals (Kan. Stat. Ann. § 60-2101(a)).

3. 3© 2015 Thomson Reuters. All rights reserved.
Litigation Overview: Kansas
2. What are the trial courts in your state? For each trial court,
please identify:
„„ The court's general subject matter jurisdiction.
„„ The state court(s) to which a direct appeal may be taken.
The district and municipal courts are the trial courts in Kansas.
DISTRICT COURTS
The main trial courts in Kansas are the district courts. The district
court system in Kansas includes 31 judicial districts in 105 counties
(Kan. Stat. Ann. §§ 4-202 to 4-232).
Jurisdiction
In Kansas, the district courts have general original jurisdiction over all
matters, both civil and criminal.
Examples of matters that the district courts have original jurisdiction
over include:
„„ Divorce and domestic relations.
„„ Damage suits.
„„ Probate and administration of estates.
„„ Guardianships.
„„ Conservatorships.
„„ Care of the mentally ill.
„„ Juvenile matters.
„„ Small claims.
„„ Limited actions.
„„ Cases filed under the Small Claims Procedure Act (Kan. Stat. Ann.
§§ 61-2701 to 61-2714).
A limited actions claim is a civil lawsuit filed in the district court which
seeks judgment:
„„ For a debt which is not secured by a lien and arises out of a
contract concerning goods, services or money, without limitation
to the amount claimed in the lawsuit.
„„ For a debt which is secured by a lien and arises out of a contract
concerning goods, services or money, where the amount claimed
in the lawsuit, not counting costs, interest and fees, does not
exceed $25,000.
„„ Where the claim does not arise out of a contract and the amount
claimed in the lawsuit, not counting costs, interest and fees, does
not exceed $25,000.
(Kan. Stat. Ann. § 61-2802(a).)
Appeals
Generally, appeals from the district courts in civil and criminal actions
are taken to the Court of Appeals (Kan. Stat. Ann. §§ 60-2101(a),
61-3902(c) and 22-3601(a)). There are also certain limited situations
where appeals can be made to the Supreme Court (see Question 1:
District Courts).
MUNICIPAL COURTS
Municipal or city courts handle alleged violations of city ordinances
committed within the city limits.
Jurisdiction
Municipal courts have jurisdiction over violations of city ordinances,
typically involving:
„„ Property violations.
„„ Traffic offenses.
„„ Non-felony crimes.
(Kan. Stat. Ann. § 12-4104.)
The municipal courts have concurrent jurisdiction with the district
courts to hear and determine a violation of certain enumerated ordi-
nances. The elements of these violations must be both:
„„ The same as the elements of a violation of the statutes listed in
Section 12-4104(a) of the Kansas Statutes Annotated.
„„ Punishable as a felony in the district courts.
(Kan. Stat. Ann. § 12-4104(a).)
Appeals
Appeals from the municipal courts are made to the district court in
the county where the municipality is located (Kan. Stat. Ann. § 22-
3609(1)).
For more information on the trial courts in Kansas, see the Kansas
Judicial Branch's website.
STATE LITIGATION PROCEDURE
3. What are the key statutes and rules governing litigation
procedure in your jurisdiction?
The following are the major sources of Kansas law governing litigation
procedure:
„„ Constitution of the State of Kansas. Article 3 of the Kansas
Constitution governs the creation and jurisdiction of the Kansas
Supreme Court, its district courts and any other courts that are
provided by law.
„„ Rules of Procedure. Kansas has various rules of procedure,
including:
„„ the Kansas Rules of Civil Procedure, which are found in Chapter
60, Article 2 of the Kansas Statutes Annotated and provide the
procedure for civil proceedings in district courts (Kan. Stat. Ann.
§§ 60-201 to 60-271). The Kansas Rules of Civil Procedure are
generally modeled after the Federal Rules of Civil Procedure,
although the two sets of procedural rules are not identical;
„„ the code of civil procedure for limited actions, which governs the
procedure for Chapter 61 actions (Kan. Stat. Ann. §§ 61-2801 to
61-4104); and
„„ the Kansas Rules of Appellate Procedure, which are also found
in Chapter 60, Article 2 of the Kansas Statutes Annotated (Kan.
Stat. Ann. §§ 60-2101 to 60-2107).

4. © 2015 Thomson Reuters. All rights reserved.4
Litigation Overview: Kansas
„„ Rules of the Supreme Court of Kansas. The Kansas Supreme
Court has substantive and procedural rules that govern district
and appellate courts and the Supreme Court. These rules are
complementary and supplemental to the Rules of Civil Procedure
and the Rules of Appellate Procedure.
„„ District Courts Local Rules. Most district courts have their own
specific rules governing practice and procedure. These rules are
typically posted on the court's website or can be obtained by
contacting the district court clerk. The Kansas Judicial Branch's
website lists some local rules.
„„ Judges' Chambers Guidelines. District court judges often
have standing rules or litigation guidelines. These rules cover
procedural preferences for motion practice, trials and conferences.
A judge's individual practice rules may be posted on the
court's website or can be obtained by contacting the judge's
administrative assistant.
„„ Electronic Filing Rules. A limited but increasing number of
district courts in Kansas permit electronic filing. To find out if a
district court permits electronic filing, counsel must check the
district court's website and local rules online or contact the district
court clerk. For more information about e-filing, see the Kansas
Judicial Branch website.
„„ Fax-filing Rules. District and appellate courts permit fax-filing for
filings that are ten pages or fewer (Kan. Sup. Ct. R. 119(a) and Kan.
Stat. Ann. § 60-271(a)).
For information on appellate fax-filing procedure in Kansas, please
see the Judicial Council's Appellate Practice Handbook.
ISSUES FOR ATTORNEYS
4. Please describe how an attorney becomes a member of the
state bar in your jurisdiction. Please include whether the state
offers reciprocity to attorneys admitted in other states.
ADMISSION ON EXAMINATION
The Kansas Board of Law Examiners reviews all applicants to the
Kansas Bar. The board must approve an applicant before the appli-
cant can sit for the bar examination. The fee for the application to sit
for the bar examination is $700 (Kan. Sup. Ct. R. 704(a)(3)).
To be eligible to sit for the bar examination, the applicant must:
„„ Comply with the educational requirements, which include that the
applicant has:
„„ a baccalaureate degree based on a full course of study from
an institution of higher learning accredited by a regional
accreditation body recognized by the US Department of
Education; and
„„ a Juris Doctor degree or Bachelor of Laws degree from a law
school approved by the American Bar Association at the time of
the applicant's graduation.
„„ Prove that he has the requisite good moral character and current
mental and emotional fitness to engage in the active and
continuous practice of law.
(Kan. Sup. Ct. R. 705-706.)
Rule 707 of the Rules of the Supreme Court of Kansas sets out the
requirements to show good moral character and current mental and
emotional fitness.
The board may, if requested by the applicant, accept any Multistate
Bar Examination (MBE) score achieved in another jurisdiction in a
concurrent examination or in a prior examination conducted within
13 months of the current examination. The applicant must have
successfully passed the entire bar examination in the other jurisdiction
in one sitting and achieved a minimum scaled score of 120 on the
MBE. (Kan. Sup. Ct. R. 709(m).)
To be admitted to the Kansas bar, applicants must also pass the
Multistate Professional Responsibility Examination and report their
scores to the Clerk of the Appellate Courts (Kan. Sup. Ct. R. 709(n)).
Applicants are barred from applying for admission if they have failed
the bar examination four times (Kan. Sup. Ct. R. 709(q)).
ADMISSION WITHOUT EXAMINATION
To be eligible for admission in Kansas without taking the Kansas bar
exam, an individual generally must:
„„ Have an active license in at least one jurisdiction that similarly
admits Kansas attorneys to its bar without examination.
„„ Have never failed a written Kansas bar examination.
„„ Presently meet the requirements of Rules 706 and 707 of the
Rules of the Supreme Court of Kansas, relating to educational
qualifications for admission to the Kansas bar and character and
fitness qualifications for admission to the bar.
„„ Have never received professional discipline of suspension,
disbarment or loss of license in any other jurisdiction.
„„ Not be currently the subject of a pending disciplinary investigation
in any other jurisdiction.
„„ Be a person of good moral character and be mentally and emo-
tionally fit to engage in the active and continuous practice of law.
„„ Have been lawfully engaged in the active practice of law outside of
Kansas, or in Kansas under Rule 712 of the Rules of the Supreme
Court of Kansas, for five of the seven years immediately preceding
the date of his application.
(Kan. Sup. Ct. R. 708(a).)
Active practice of law under the rules includes the following activities:
„„ Representation of one or more clients in the practice of law.
„„ Service as a lawyer with a local, state or federal agency, including
military service, with the primary duties of:
„„ furnishing legal counsel;
„„ drafting legal documents and pleadings;
„„ interpreting and giving advice regarding the law; or
„„ preparing, trying or presenting cases before courts,
departments of government or administrative agencies.
„„ Service as corporate counsel with the same primary duties described
in the second bullet of this list.
„„ Employment as a teacher of law at a law school approved by the
American Bar Association throughout the applicant's employment.

5. 5© 2015 Thomson Reuters. All rights reserved.
Litigation Overview: Kansas
„„ Service as a judge in a federal, state or local court, provided that
this employment is available only to licensed attorneys.
„„ Service as a judicial law clerk.
„„ Any combination of these activities.
(Kan. Sup. Ct. R. 708(a)(7).)
Applicants must also file:
„„ A verified application for admission.
„„ Any other information the Board of Law Examiners or the
Disciplinary Administrator's Office may require in consideration of
the application.
„„ A designation of the Clerk of the Appellate Courts for service of
process.
(Kan. Sup. Ct. R. 708(b).)
The fee for an application to be admitted without examination is
$1,250 (Kan. Sup. Ct. R. 704(a)(4)).
REGISTRATION OF IN-HOUSE COUNSEL
In-house attorneys working in Kansas may be granted a restricted
license to practice law in Kansas without examination (Kan. Sup. Ct.
R. 712).
To be eligible for the restricted license, an in-house attorney must:
„„ Be admitted to practice in another US state or territory or in the
District of Columbia.
„„ Be employed, or have accepted or intend to accept employment,
full-time in Kansas by a non-governmental corporation or other
organization that is not itself engaged in the practice of law or the
rendering of legal services outside the organization.
„„ Have filed a completed application within 90 days of the beginning
of employment.
„„ Be fully qualified to take the written bar examination in Kansas
under the rules of the Supreme Court.
„„ Have satisfied any applicable continuing legal education require-
ments specified by the rules of the jurisdictions the applicant is
admitted to before the Kansas application.
„„ Be of good moral character and general fitness requisite for a
member of the Kansas bar.
„„ Have never failed a Kansas bar examination.
(Kan. Sup. Ct. R. 712(a).)
Each applicant for a restricted license must provide:
„„ A verified application for admission.
„„ A written certificate from the attorney-discipline authority in
the jurisdictions where the applicant is admitted to practice law
certifying that the applicant:
„„ is in good standing;
„„ has not been disciplined by the jurisdiction for violations of any
applicable ethical standards; and
„„ has no pending complaints of ethical violations.
„„ If applicable, a written certificate certifying that the applicant
has satisfied the continuing legal education requirements of the
jurisdictions where the applicant is admitted to practice law before
the Kansas application.
„„ A written certificate from the applicant's employer stating that
applicant is employed full-time by the employer.
„„ At least three affidavits, on forms from the Clerk of the Appellate
Courts, from responsible persons attesting that the applicant is a
person of good moral character.
„„ Any other information that the Board of Law Examiners may
require to consider the application.
(Kan. Sup. Ct. R. 712(c).)
The restricted license expires on either:
„„ Termination of the applicant's employment by his full-time
employer.
„„ The applicant's admission to practice in Kansas or if the applicant
fails the bar examination
(Kan. Sup. Ct. R. 712(f).)
5. Please describe the process for becoming admitted on a pro
hac vice basis in your jurisdiction.
An out-of-state attorney may be admitted in Kansas pro hac vice to
participate in any matter in which the attorney is employed. The at-
torney must be:
„„ Regularly engaged in practicing law in another state, US territory
or the District of Columbia.
„„ In good standing under the rules of the highest appellate court in
that jurisdiction.
„„ Associated with an attorney of record in the case who is:
„„ regularly engaged in practicing law in Kansas; and
„„ in good standing under the Rules of the Supreme Court of
Kansas.
(Kan. Sup. Ct. R. 116(a) and 1.10(a).)
The out-of-state attorney's verified application for admission pro hac
vice must include:
„„ A statement identifying the party or parties represented.
„„ The Kansas attorney of record's:
„„ name;
„„ business address;
„„ telephone number;
„„ fax number;
„„ e-mail address; and
„„ attorney registration number.
„„ The applicant's:
„„ personal address and business address;
„„ telephone number;
„„ fax number; and
„„ e-mail address.

6. 6
Litigation Overview: Kansas
04-15
© 2015 Thomson Reuters. All rights reserved. Use of Practical Law websites and
services is subject to the Terms of Use (http://us.practicallaw.com/2-383-6690)
and Privacy Policy (http://us.practicallaw.com/8-383-6692).
„„ Any bar to which the applicant is admitted, the date of admission
and the applicable attorney registration number.
„„ A statement that the applicant is a member in good standing of
any bar that he is a member.
„„ A statement that the applicant has not been the subject of prior
public discipline, including suspension or disbarment in any
jurisdiction.
„„ A statement that the applicant is not currently the subject of
a disciplinary action or investigation in any jurisdiction or, if
the applicant is currently the subject of a disciplinary action or
investigation, the application must provide both:
„„ a detailed description of the nature and status of the action or
investigation; and
„„ the address of the disciplinary authority in charge.
„„ If applicable, the case name, case number and the court the
applicant has been granted permission to appear pro hac vice in
Kansas within the preceding 12 months.
(Kan. Sup. Ct. Rs. 116(e) and 1.10(e).)
A non-refundable fee of $100 must accompany a motion for admis-
sion pro hac vice in each case (Kan. Sup. Ct. R. 116(f) and 1.10(f)).
The local Kansas counsel of record must:
„„ Be actively engaged in the case.
„„ Sign all pleadings, documents and briefs.
„„ Be present throughout all court or administrative appearances.
„„ Attend a deposition or mediation unless excused by the court,
tribunal or a local rule.
(Kan. Sup. Ct. Rs. 116(b) and 1.10(b).)
Service of a paper in a case on the local Kansas counsel of record has
the same effect as if personally served on the attorney admitted pro
hac vice (Kan. Sup. Ct. R. 116(c) and 1.10(c)).
The local Kansas counsel must file a separate motion for admission
pro hac vice for each case in which the out-of-state attorney appears,
accompanied by the out-of-state attorney's verified application (Kan.
Sup. Ct. R. 116(d) and 1.10(d)).
Pro hac vice admission procedure can vary depending on the court's
local rules and the judge's individual practice rules. Counsel should
therefore consult these rules to determine the procedure to be fol-
lowed in a particular case. If the rules are unclear, contact the court
clerk for further assistance. ABOUT PRACTICAL LAW
Practical Law provides legal know-how that gives lawyers a better starting
point. Our expert team of attorney editors creates and maintains thousands of
up-to-date, practical resources across all major practice areas. We go beyond
primary law and traditional legal research to give you the resources needed to
practice more efficiently, improve client service and add more value.
If you are not currently a subscriber, we invite you to take a trial of our online
services at practicallaw.com. For more information or to schedule training,
call 888.529.6397 or e-mail training.practicallaw@thomsonreuters.com.