60-2103a.
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.
Notes of Decisions
Cited in
13
cases (
1 in the last 5 years), 1979–2022 · leading case:
State v. Lashley, 664 P.2d 1358 (Kan. 1983).
State v. Lashley, 664 P.2d 1358 (Kan. 1983).
· cites it 3× “Defendant first attempted to justify an appeal from the district magistrate judge’s ruling under K.S.A. 1982 Supp. 60-2103a, which provides: “(a) In actions commenced in the district courts of this state all appeals from orders or final decisions of a district magistrate judge…”
State v. Legero, 91 P.3d 1216 (Kan. 2004).
· cites it 2× “22-3609a; K.S.A. 60-2103a. Nothing about the nature of the probation revocation process would suggest a reason why the legislature would intend to have such a decision be the one exception where a matter would go directly to the Court of Appeals rather than be heard by a…”
In Re the Est. of Kempkes, 603 P.2d 642 (Kan. Ct. App. 1979).
· cites it 5× “60-2103 and K.S.A. 1978 Supp. 60-2103a. The latter directs that the notice of appeal from an order of a magistrate judge be filed with the clerk of the district court (K.”
In the Interest of L.C.W., 211 P.3d 829 (Kan. Ct. App. 2009).
· cites it 2× “20-302b(c) and K.S.A. 2008 Supp. 60-2103a. See K.S.A. 2008 Supp.”
Mitchell v. Miller, 8 P.3d 26 (Kan. Ct. App. 2000).
· cites it 2× “The appellants essentially request that we strictly apply the time period in K.S.A. 60-2103a and find the magistrate court abused its discretion by granting the motion to answer out of time.”
In Re the Est. of Pritchard, 154 P.3d 24 (Kan. Ct. App. 2007).
“59-2401 and K.S.A. 60-2103a were considered and construed in In re Estate of Winslow, 21 Kan.”
In re J.A.B., 77 P.3d 156 (Kan. Ct. App. 2003).
· cites it 2× “” The parties disagree upon the interpretation to be given the terms “orders or final decisions” within K.S.A. 60-2103a. The State contends that a juvenile adjudication is in the nature of a criminal proceeding, to the extent that the judgment is entered in open court with the…”
In Re Est. of Zahradnik, 626 P.2d 1211 (Kan. Ct. App. 1981).
“” K.S.A. 1980 Supp. 60-2103a provides as follows: “Appeals from district magistrate judges, (a) In actions commenced in the district courts of this state all appeals from orders or final decisions of a district magistrate judge shall be heard by a district judge or associate…”
In Re Est. of Burns, 608 P.2d 942 (Kan. 1980).
“See K.S.A. 1979 Supp. 60-2103a. After unification of the courts in 1977 we no longer have a probate court, as such, and all appeals from orders and judgments of a district judge or an associate district judge are to the court of appeals as provided in K.”
State v. Legero, 75 P.3d 273 (Kan. Ct. App. 2003).
· cites it 2× “22-3609a; K.S.A. 60-2103a. K.S.A. 2002 Supp. 22-3609 provides for appeals from municipal courts to the district courts.”
K-State Fed. Credit Union v. Glassford (Kan. Ct. App. 2022).
· cites it 2× “We know this because Glassford has included the credit union's notice of appeal from the magistrate judge's decision to the trial court under K.S.A. 60-2103a in our record on appeal. See K.”
In re the Est. of Winslow, 906 P.2d 182 (Kan. Ct. App. 1995).
“) K.S.A. 60-2103a provides that except as otherwise provided by law, appeals from ¿strict magistrate judges must be taken within 10 days.”
— K.S.A. § 60-2103a(a) — 6 cases
In Re the Est. of Kempkes, 603 P.2d 642 (Kan. Ct. App. 1979).
“60-2103 and K.S.A. 1978 Supp. 60-2103a. The latter directs that the notice of appeal from an order of a magistrate judge be filed with the clerk of the district court (K.”
In the Interest of L.C.W., 211 P.3d 829 (Kan. Ct. App. 2009).
“20-302b(c) and K.S.A. 2008 Supp. 60-2103a. See K.S.A. 2008 Supp.”
Mitchell v. Miller, 8 P.3d 26 (Kan. Ct. App. 2000).
“The appellants essentially request that we strictly apply the time period in K.S.A. 60-2103a and find the magistrate court abused its discretion by granting the motion to answer out of time.”
In re J.A.B., 77 P.3d 156 (Kan. Ct. App. 2003).
“” The parties disagree upon the interpretation to be given the terms “orders or final decisions” within K.S.A. 60-2103a. The State contends that a juvenile adjudication is in the nature of a criminal proceeding, to the extent that the judgment is entered in open court with the…”
K-State Fed. Credit Union v. Glassford (Kan. Ct. App. 2022).
“We know this because Glassford has included the credit union's notice of appeal from the magistrate judge's decision to the trial court under K.S.A. 60-2103a in our record on appeal. See K.”
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