20-311f.
Same; limitations.
No party shall be granted more than one change of judge in any action, but each party shall be heard to urge such party's objections to a judge in the first instance, except that in prejudgment matters a party may move for a change of judge in accordance with K.S.A. 20-311d, and amendments thereto, within seven days after pretrial, or after receiving written notice of the judge before whom the case is to be heard, whichever is later. In post judgment proceedings the motion may be filed at any time.
History:
L. 1971, ch. 198, § 5; L. 1978, ch. 110, § 2; L. 1985, ch. 104, § 2; July 1.
CASE ANNOTATIONS
1. Discussed in determining procedural requirements for disqualification of judge under act. Hulme v. Woleslagel, 208 Kan. 385, 393, 493 P.2d 541.
2. Subsection (a) applied; affidavit not timely filed; theft conviction upheld. State v. Timmons, 218 Kan. 741, 749, 545 P.2d 358.
4. Objection filed too late when request for assignment to judge made 56 days before. In re Adoption of Smith, 6 Kan. App. 2d 575, 577, 578, 631 P.2d 255 (1981).
5. Sentencing not postjudgment proceeding as contemplated in (a) herein. State v. Snedecor, 9 Kan. App. 2d 454, 458, 680 P.2d 563 (1984).
6. Cited; purpose of court in retaining jurisdiction to alter or amend (K.S.A. 60-259(f)) examined. Denno v. Denno, 12 Kan. App. 2d 499, 501, 749 P.2d 46 (1988).
7. Motion for change of judge not timely filed and failure thereof bars issue on appeal. State v. Brown, 266 Kan. 563, 570, 973 P.2d 773 (1999).
Sampson v. Rumsey, 563 P.2d 506 (Kan. Ct. App. 1977). · cites it 2דJudge Meek *193 ruled that the affidavit of prejudice was insufficient because K.S.A. 20-311f (a) does not allow the disqualification of more than one judge in any affidavit filed pursuant to K.”
State v. Sawyer, 305 P.3d 608 (Kan. 2013). “Under K.S.A. 20-311f, a litigant seeking a change of judge may do so as late as “[7] days after pretrial, or after receiving written notice of the judge before whom the case is to be heard, whichever is later.”
State v. Ames, 563 P.2d 1034 (Kan. 1977). “” K.S.A. 20-311f provides in pertinent part: “.”
Knight v. Neodesha Police Dep't, 620 P.2d 837 (Kan. Ct. App. 1980). “2d 541 [1972]), a party may seek a judge’s removal only through the use of the statutory procedure set out in K.S.A. 1979 Supp. 20-311d. Plaintiff had already obtained one change of judge (from Judge Donaldson to Judge Stadler).”
State v. Brown, 973 P.2d 773 (Kan. 1999). “The State first argues that Brown’s motion for change of judge was not timely because of K.S.A. 20-311f. State v. Timmons, 218 Kan.”
State v. Timmons, 545 P.2d 358 (Kan. 1976). “Concerning the disqualification of judges, K.S.A. 20-311f ( a ) provides in pertinent part: ".”
Carpenter v. State, 575 P.2d 26 (Kan. 1978). “” (K.S.A. 20-311f[a].) In a case where a pretrial is had the affidavit must be filed within seven days after pretrial.”
State v. Waufle, 673 P.2d 109 (Kan. Ct. App. 1983). “’ (K.S.A. 20-311f[a].) “In a case where a pretrial is had the affidavit must be filed within seven days after pretrial.”
State v. Snedecor, 680 P.2d 563 (Kan. Ct. App. 1984). · cites it 4דDefendant argues that the sentencing judge cannot rule on an affidavit of prejudice, that a postjudgment affidavit of prejudice is not subject to the time requirements of K.S.A. 20-311f and that the denial violates defendant’s right to due process and equal protection of the law.”
In re the Adoption of Smith, 631 P.2d 255 (Kan. Ct. App. 1981). · cites it 2דK.S.A. 1980 Supp. 20-311f states: “(a) No party shall be granted more than one change of judge in any action, but *578 each party shall be heard to urge his or her objection to a judge in the first instance, except that in pre-judgment matters a party shall have seven (7) days…”
Discover Bank v. May (Kan. Ct. App. 2024). “Under K.S.A. 20-311f, May was required to move for recusal "within seven days after pretrial, or after receiving written notice of the judge before whom the case is to be heard, whichever is later.”
— K.S.A. § 20-311f(a) — 2 cases
Knight v. Neodesha Police Dep't, 620 P.2d 837 (Kan. Ct. App. 1980). “2d 541 [1972]), a party may seek a judge’s removal only through the use of the statutory procedure set out in K.S.A. 1979 Supp. 20-311d. Plaintiff had already obtained one change of judge (from Judge Donaldson to Judge Stadler).”
State v. Snedecor, 680 P.2d 563 (Kan. Ct. App. 1984). “Defendant argues that the sentencing judge cannot rule on an affidavit of prejudice, that a postjudgment affidavit of prejudice is not subject to the time requirements of K.S.A. 20-311f and that the denial violates defendant’s right to due process and equal protection of the law.”
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