Session of 1999
HOUSE BILL No. 2448
By Committee on Judiciary
9 AN ACT concerning courts; relating to appellate procedure; supersedeas
10 bond; amending K.S.A. 1998 Supp. 60-2103 and repealing the existing
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 1998 Supp. 60-2103 is hereby amended to read as
15 follows: 60-2103. (a) When and how taken. When an appeal is permitted
16 by law from a district court to an appellate court, the time within which
17 an appeal may be taken shall be 30 days from the entry of the judgment,
18 as provided by K.S.A. 60-258, and amendments thereto, except that upon
19 a showing of excusable neglect based on a failure of a party to learn of
20 the entry of judgment the district court in any action may extend the time
21 for appeal not exceeding 30 days from the expiration of the original time
22 herein prescribed. The running of the time for appeal is terminated by a
23 timely motion made pursuant to any of the rules hereinafter enumerated,
24 and the full time for appeal fixed in this subsection commences to run
25 and is to be computed from the entry of any of the following orders made
26 upon a timely motion under such rules: Granting or denying a motion for
27 judgment under subsection (b) of K.S.A. 60-250, and amendments
28 thereto; or granting or denying a motion under subsection (b) of K.S.A.
29 60-252, and amendments thereto, to amend or make additional findings
30 of fact, whether or not an alteration of the judgment would be required
31 if the motion is granted; or granting or denying a motion under K.S.A.
32 60-259, and amendments thereto, to alter or amend the judgment; or
33 denying a motion for new trial under K.S.A. 60-259, and amendments
35 A party may appeal from a judgment by filing with the clerk of the
36 district court a notice of appeal. Failure of the appellant to take any of
37 the further steps to secure the review of the judgment appealed from
38 does not affect the validity of the appeal, but is ground only for such
39 remedies as are specified in this chapter, or when no remedy is specified,
40 for such action as the appellate court having jurisdiction over the appeal
41 deems appropriate, which may include dismissal of the appeal. If the
42 record on appeal has not been filed with the appellate court, the parties,
43 with the approval of the district court, may dismiss the appeal by stipu-
44 lation filed in the district court, or that court may dismiss the appeal upon
45 motion and notice by the appellant.
46 (b) Notice of appeal. The notice of appeal shall specify the parties
47 taking the appeal; shall designate the judgment or part thereof appealed
48 from, and shall name the appellate court to which the appeal is taken.
49 The appealing party shall cause notice of the appeal to be served upon
50 all other parties to the judgment as provided in K.S.A. 60-205, and
51 amendments thereto, but such party's failure so to do does not affect the
52 validity of the appeal.
53 (c) Security for costs. Security for the costs on appeal shall be given
54 in such sum and manner as shall be prescribed by a general rule of the
55 supreme court unless the appellate court shall make a different order
56 applicable to a particular case.
57 (d) Supersedeas bond. Whenever an appellant entitled thereto desires
58 a stay on appeal, such appellant may present to the district court for its
59 approval a supersedeas bond which shall have such surety or sureties as
60 the court requires. The bond shall be conditioned for the satisfaction of
61 the judgment in full together with costs, interest, and damages for delay,
62 if for any reason the appeal is dismissed, or if the judgment is affirmed,
63 and to satisfy in full such modification of the judgment such costs, inter-
64 est, and damages as the appellate court may adjudge and award. When
65 the judgment is for the recovery of money not otherwise secured, the
66 amount of the bond shall be fixed at such sum as will cover the whole
67 amount of the judgment remaining unsatisfied, costs on the appeal, in-
68 terest, and damages for delay, unless the court after notice and hearing
69 and for good cause shown fixes a different amount or orders security other
70 than the bond. When the judgment determines the disposition of the
71 property in controversy as in real actions, replevin, and actions to fore-
72 close mortgages or when such property is in the custody of the sheriff or
73 when the proceeds of such property or a bond for its value is in the
74 custody or control of the court, the amount of the supersedeas bond shall
75 be fixed after notice and hearing at such sum only as will secure the
76 amount recovered for the use and detention of the property, the costs of
77 the action, costs on appeal, interest, and damages for delay. When an
78 order is made discharging, vacating, or modifying a provisional remedy,
79 or modifying or dissolving an injunction, a party aggrieved thereby shall
80 be entitled, upon application to the judge, to have the operation of such
81 order suspended for a period of not to exceed 10 days on condition that,
82 within such period of 10 days such party shall file a notice of appeal and
83 obtain the approval of such supersedeas bond as is required under this
84 section. Upon the approval and filing of a supersedeas bond hereunder,
85 any judgment lien rendered under K.S.A. 60-2202, and amendments
86 thereto, shall be discharged and released.
87 (e) Failure to file or insufficiency of bond. If a supersedeas bond is
88 not filed within the time specified, or if the bond filed is found insuffi-
89 cient, and if the action is not yet docketed with the appellate court, a
90 bond may be filed at such time before the action is so docketed as may
91 be fixed by the district court. After the action is so docketed, application
92 for leave to file a bond may be made only in the appellate court.
93 (f) Judgment against surety. By entering into a supersedeas bond
94 given pursuant to subsections (c) and (d), the surety submits such surety's
95 self to the jurisdiction of the court and irrevocably appoints the clerk of
96 the court as such surety's agent upon whom any papers affecting such
97 surety's liability on the bond may be served. Such surety's liability may
98 be enforced on motion without the necessity of an independent action.
99 The motion and such notice of the motion as the judge prescribes may
100 be served on the clerk of the court who shall forthwith mail copies to the
101 surety if such surety's address is known.
102 (g) Docketing record on appeal. The record on appeal shall be filed
103 and docketed with the appellate court at such time as the supreme court
104 may prescribe by rule.
105 (h) Cross-appeal. When notice of appeal has been served in a case
106 and the appellee desires to have a review of rulings and decisions of which
107 such appellee complains, the appellee shall, within 20 days after the notice
108 of appeal has been served upon such appellee and filed with the clerk of
109 the trial court, give notice of such appellee's cross-appeal.
110 (i) Intermediate rulings. When an appeal or cross-appeal has been
111 timely perfected, the fact that some ruling of which the appealing or cross-
112 appealing party complains was made more than 30 days before filing of
113 the notice of appeal shall not prevent a review of the ruling.
114 Sec. 2. K.S.A. 1998 Supp. 60-2103 is hereby repealed.
115 Sec. 3. This act shall take effect and be in force from and after its
116 publication in the statute book.