Printable Format60-2103a. Appeals from district magistrate judges not regularly admitted to practice law. (a) In actions commenced in the district courts of this state all appeals from orders or final decisions of a district magistrate judge who is not regularly admitted to practice law in Kansas shall be heard by a district judge. Except as otherwise provided by law, such appeals shall be taken by notice of appeal specifying the order or decision complained of and shall be filed with the clerk of the district court within 14 days after the entry of such order or decision. The notice of appeal shall specify the party or parties taking the appeal; shall designate the order or decision appealed from; and shall state that such appeal is being taken from an order or decision of a district magistrate judge. The appealing party shall cause notice of the appeal to be served upon all of the parties to the action in accordance with the provisions of K.S.A. 60-205, and amendments thereto. Upon filing the notice of appeal, the appeal shall be deemed perfected.
(b) Except as otherwise provided by law or rule of the supreme court, the provisions of subsections (b) through (i) of K.S.A. 60-2103, and amendments thereto, shall be applicable to appeals from orders and decisions of district magistrate judges who are not regularly admitted to practice law in Kansas.
History: L. 1976, ch. 251, § 31; L. 1977, ch. 112, § 25; L. 1986, ch. 115, § 94; L. 2010, ch. 135, § 181; L. 2014, ch. 71, § 8; July 1.
Cross References to Related Sections:
Appeal on record, see 20-302.
Law Review and Bar Journal References:
"Kansas Appellate Advocacy: An Inside View of Common-Sense Strategy," Patrick Hughes, 66 J.K.B.A. No. 2, 26 (1997).
CASE ANNOTATIONS
1. Section requires notice of appeal to be served on all other parties to action. In re Estate of Kempkes, 4 Kan. App. 2d 154, 156, 160, 603 P.2d 642.
2. The filing of an appeal bond is required in a probate appeal, but is not jurisdictional and may be filed after the appeal is taken. In re Estate of Zahradnik, 6 Kan. App. 2d 84, 87, 88, 626 P.2d 1211.
3. Appeals contemplated hereunder are from orders or final judgments in civil actions; statute does not apply to criminal actions. State v. Lashley, 233 Kan. 620, 623, 664 P.2d 1358 (1983).
4. An appeal from a district magistrate judge's order in a probate matter must be filed within 30 days. In re Estate of Winslow, 21 Kan. App. 2d 691, 692, 906 P.2d 182 (1995).
5. District court reviews an order of magistrate judge on the basis of the record and de novo determination. In re L.C.W., 42 Kan. App. 2d 293, 211 P.3d 829 (2009).