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Kansas Statutes Annotated

K.S.A. § 20-108 (2026)

Carrying out appellate court judgments and decrees by district courts

✓ current as of May 2026
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20-108. Carrying out appellate court judgments and decrees by district courts. An appellate court of this state may require the district court of the county where any action or proceeding shall have originated to carry the judgment or decree of the appellate court into execution; and the same shall be carried into execution by proper proceedings, by such district court, according to the command of the appellate court made therein.

History: G.S. 1868, ch. 27, § 7; R.S. 1923, 20-108; L. 1976, ch. 146, § 3; L. 1978, ch. 107, § 1; July 1.

Notes of Decisions
Cited in 22 cases (13 in the last 5 years), 1998–2026 · leading case: State v. Miller, 427 P.3d 907 (Kan. 2018).
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State v. Miller, 427 P.3d 907 (Kan. 2018). “3d 373 (2016). Another is on remand to a lower court from an appellate court.”
State v. Clark, 486 P.3d 591 (Kan. 2021). “" Also, K.S.A. 20-108 provides that the appellate courts may require the district court to execute the appellate court's judgment "according to the command of the appellate court made therein.”
State v. Collier, 952 P.2d 1326 (Kan. 1998). “” A further statutory requirement relating to the obligations of the district courts as to appellate decisions is set forth in K.S.A. 20-108: “An appellate court of this state may require the district court of the county where any action or proceeding shall have originated to…”
State v. Cheeks, 482 P.3d 1129 (Kan. 2021). “10 K.S.A. 20-108 provides that: "An appellate court of this state may require the district court of the county where any action or proceeding shall have originated to carry the judgment or decree of the appellate court into execution; and the same shall be carried into execution…”
State v. McMillan, 553 P.3d 296 (Kan. 2024). · cites it 2× “K.S.A. 20-108 and K.S.A. 60-2106(c) discuss the effect of the mandate.”
State v. Rodriguez, 494 P.3d 155 (Kan. Ct. App. 2021). “See K.S.A. 20-108; K.S.A. 60-2106(c). In adopting this test, we observe that Rodriguez' brief compared the post-remand delay in his case to a speedy trial violation.”
State v. Soto (Kan. 2019). · cites it 6× “60-2106(c) and K.S.A. 20-108. K.S.A. 60-2106(c) reads in pertinent part: "When .”
State v. Looney (Kan. Ct. App. 2021). · cites it 6× “Instead, the State's arguments hinge on its belief that the Looney I court's mandate barred the trial court from reconsidering the earlier denial of Looney's self-defense immunity motion upon remand.”
State v. Kleypas (Kan. 2016). · cites it 3× “" And K.S.A. 20-108 states that a district court must execute any further proceedings "according to the command of the appellate court made therein.”
State v. Dixon (Kan. Ct. App. 2024). · cites it 3× “K.S.A. 20-108—the rule on applying appellate mandates—states: "An appellate court of this state may require the district court of the county where any action or proceeding shall have originated to carry the judgment or decree of the appellate court into execution; and the same…”
Bldg. Erection Svcs. Co. v. Walton Constr. Co. (Kan. 2020). · cites it 2× “' And K.S.A. 20-108 states that a district court must execute any further proceedings 'according to the command of the appellate court made therein.”
Johnson v. Bd. of Directors of Forest Lakes Master Assn. (Kan. Ct. App. 2021). · cites it 2× “Likewise, K.S.A. 20-108 states that Kansas trial courts must follow the "command[s]" of a Kansas appellate court's mandate.”
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