Appeals and Reconsideration

The appeal of a family law case is defined by statute in K.S.A. 60-2101.

Successful appeals have three essential components:

1) a strong record at the District Court level,

2) issues that are timely, solid, and appealable by statute, and

3) an attorney who is highly experienced with the Courts of Appeal, and one who has the ability to effectively and skillfully present your argument to a reviewing Court, providing the appealed matter with the highest probability of success.

The skill to successfully navigate the appellate process is entirely different than the knowledge required to be successful at the trial stage, and is actually a relatively rare practice among most attorneys. The chances of a Court of Appeal overruling a lower District Court are often very low. This is why it is so important to consult with an attorney who has proven multiple successes at this level of litigation. Normally you have a matter of days to file your official notice of appeal after a final judgment is entered, so make sure you understand your deadlines.   If you are trying to decide whether or not your case has what it takes to make a successful argument to the Kansas Court of Appeals, contact Leiker Law Office P.A. for a consultation.

In the alternative to filing an appeal brief with the Kansas Court of Appeals, a more common way to get a Court to review a case is to ask the original judge. K.S.A. 60-259 allows a party to take a trial issue back in front of the judge for a number different reasons for reconsideration, even authorizing a new trial in some instances. K.S.A. 60-260 authorizes a Court to reconsider a case even after final judgment has entered.

K.S.A. 60-255 authorizes a Court to set aside a judgment that is issued by default in the event that party receives an unfavorable ruling based on a technical issue like they did not respond to the formal complaint in time. Default judgments can additionally troublesome, as a lot of people may not even realize a default judgement was taken against them until several months after it was rendered.

Like appeals, all of these statutes have strict time considerations, so if you are looking for a Court to reconsider a ruling or default judgment in your case, contact an attorney immediately. It is also very important to note that, even though time may have passed allowing an appeal to a higher court, your case may still be eligible for reconsideration at the District Court level several months after the judgment. In fact, a court will often maintain jurisdiction to reconsider many issues regarding child custody and child support under certain circumstances until the child becomes an adult. Leiker Law Office PA commonly handles these types of motions in Johnson, Wyandotte, Leavenworth, and Douglas counties. Make sure you understand your right of appeal or reconsideration by a Court.

Kansas Court of Appeals

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