Kansas Statutes 59-2401a. Appealable orders involving proceedings under chapter 59, when; bond
Terms Used In Kansas Statutes 59-2401a
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Conservatee: means a person who has a conservator. See Kansas Statutes 77-201
- Conservator: means an individual or corporation appointed by the court to act on behalf of a conservatee and possessed of some or all of the powers and duties set out in Kan. See Kansas Statutes 77-201
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means an individual or a nonprofit corporation certified in accordance with Kan. See Kansas Statutes 77-201
- Minor: means any person defined by Kan. See Kansas Statutes 77-201
- Probate: Proving a will
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Ward: means a person who has a guardian. See Kansas Statutes 77-201
(a) An appeal by an interested party from a district magistrate judge who is not regularly admitted to practice law in Kansas to a district judge may be taken no later than 14 days from any final order, judgment or decree entered in any proceeding pursuant to:
(1) The Kansas adoption and relinquishment act, Kan. Stat. Ann. § 59-2111 et seq., and amendments thereto;
(2) the care and treatment act for mentally ill persons, Kan. Stat. Ann. § 59-2945 et seq., and amendments thereto;
(3) the care and treatment act for persons with an alcohol or substance abuse problem, Kan. Stat. Ann. § 59-29b45 et seq., and amendments thereto; or
(4) the act for obtaining a guardian or conservator, or both, Kan. Stat. Ann. § 59-3050 et seq., and amendments thereto.
The appeal shall be heard no later than 30 days from the date the notice of appeal is filed. If no record was made of the proceedings, the trial shall be de novo. Except as provided further, if a record was made of the proceedings, the district judge shall conduct the appeal on the record. Upon motion of any party to the proceedings, the district judge may hold a trial de novo.
(b) An appeal by an interested party from a district judge, or a district magistrate judge who is regularly admitted to practice law in Kansas, to an appellate court shall be taken pursuant to article 21 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, from any final order, judgment or decree entered in any proceeding pursuant to:
(1) The Kansas adoption and relinquishment act, Kan. Stat. Ann. § 59-2111 et seq., and amendments thereto;
(2) the care and treatment act for mentally ill persons, Kan. Stat. Ann. § 59-2945 et seq., and amendments thereto;
(3) the Kansas sexually violent predator act, Kan. Stat. Ann. § 59-29a01 et seq., and amendments thereto;
(4) the care and treatment act for persons with an alcohol or substance abuse problem, Kan. Stat. Ann. § 59-29b45 et seq., and amendments thereto; or
(5) the act for obtaining a guardian or conservator, or both, Kan. Stat. Ann. § 59-3050 et seq., and amendments thereto.
Except for appeals under the Kansas judicial review act and cases otherwise specifically provided for by law, appeals under this section shall have priority over all others.
(c) Pending the determination of an appeal pursuant to subsection (a) or (b), any order appealed from shall continue in force unless modified by temporary orders entered by the court hearing the appeal. The supersedeas bond provided for in Kan. Stat. Ann. § 60-2103, and amendments thereto, shall not stay proceedings under an appeal from the district court to an appellate court.
(d) In an appeal taken pursuant to subsection (a) or (b), the court from which the appeal is taken may require an appropriate party, other than the state of Kansas, any subdivision thereof, and all cities and counties in this state, to file a bond in such sum and with such sureties as may be fixed and approved by the court to ensure that the appeal will be prosecuted without unnecessary delay and to ensure the payment of all judgments and any sums, damages and costs that may be adjudged against that party.
(e) As used in this section, “interested party” means:
(1) The parent in a proceeding pursuant to the Kansas adoption and relinquishment act, Kan. Stat. Ann. § 59-2111 et seq., and amendments thereto;
(2) the patient under the care and treatment act for mentally ill persons, Kan. Stat. Ann. § 59-2945 et seq., and amendments thereto;
(3) the patient under the care and treatment act for persons with an alcohol or substance abuse problem, Kan. Stat. Ann. § 59-29b45 et seq., and amendments thereto;
(4) the person adjudicated a sexually violent predator under the Kansas sexually violent predator act, Kan. Stat. Ann. § 59-29a01 et seq., and amendments thereto;
(5) the ward or conservatee under the act for obtaining a guardian or conservator, or both, Kan. Stat. Ann. § 59-3050 et seq., and amendments thereto;
(6) the parent of a minor person adjudicated a ward or conservatee under the act for obtaining a guardian or conservator, or both, Kan. Stat. Ann. § 59-3050 et seq., and amendments thereto;
(7) the petitioner in the case on appeal; and
(8) any other person granted interested party status by the court from which the appeal is being taken.
(f) This section shall be part of and supplemental to the Kansas probate code.