DOCSLIB.ORG

I. General Subject Matter Jurisdiction 11. General Personal Jurisdiction of Wa~Hington

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
I. General Subject Matter Jurisdiction 11. General Personal Jurisdiction of Wa~Hington I. General Subject Matter Jurisdiction The term "general jurisdiction" has at least two different meanings. In the context of subject matter jurisdiction, gen- eral jurisdiction means that the court has subject matter ju- risdiction over any kind of case except those cases that are expressly excluded, or cases over which some other court has exclusive jurisdiction.' "General subject matter jurisdiction" is the opposite of "limited jurisdiction." The latter term means that the court can hear only those cases that it has been ex- pressly empowered to hear. The Kansas district courts, thus, are courts of general subject matter jurisdiction. 'The federal district courts, on the other hand, are courts of limited juris- diction. A Kansas district court would have subject matter jurisdiction over a suit between a citizen of Japan against a citizen of Saudi Arabia concerning a tort committed in Bra- zil. A federal court would not have subject matter jurisdiction over such a case, however, because federal courts are not em- powered to entertain a suit between two aliens that does not arise out of federal law (except for some admiralty claims). A Kansas district court could not actually entertain such a case, however, unless it also had "personal jurisdiction" over the defendant. That would probably be impossible in the hy- pothetical case, unless the Saudi Arabian defendant consent- ed to jurisdiction in Kansas, or had very extensive "presence" in Kansas. In other words, the defendant would have to be subject to what we now call "general personal jurisdiction" in Kansas. 11. General Personal Jurisdiction The term "general personal jurisdiction" is of fairly recent origin. Its usage began with a highly influential article by pro- fessors Arthur T. von Mehren and Donald T. Trautman in 1966.' "General jurisdiction," in this sense, means personal jurisdiction to entertain a suit against a defendant that does not arise from the defendant's connection with the forum state. It is contrasted to "specific jurisdiction," which would support a suit against the defendant only if the cause of ac- tion arose from the defendant's contact with the forum state. Before the landmark decision in International Shoe v. State of Wa~hington,~the distinction between what we now call spe- cific and general personal jurisdiction was not part of our general theory of jurisdiction. Under the territorial power theory of jurisdiction reflected in Pennoyer v. NeS4 personal jurisdiction meant general jurisdiction. Only three bases for personal jurisdiction were possible: consent, domicile, or physical presence. 'The state of the defendant's domicile or residence could exercise jurisdiction over him or her for any cause of action. Likewise if the defendant consented to juris- diction, or if the defendant could be found by a process server (continued on next page) FO( 1. st ,e ROBERT( URISDICTIC)N AND FOI. ed., 3 :01 (1999). 7 A .A T.....+-"* rthut T. vor, ,v,L,,LL,, a,,u ,,,,a,una--u ,. r te: A Suggej 26 U.S. 31( 5 U.S. 714 3URNAL OF THE K;4NSAS BAR ASSOCIATION APRIL 2007 - 27 LEGAL ARTICLE: GENERAL JURISDIC 'TION... I while physically present in the state, he source of the cause of action. If the de- as permissible bases for jurisdiction, re- or she could be sued, there regardless of fendant had substantial contact with the quired the exercise of some legal fiction. where the cause of action arose. state and the cause of action arose from If the corporation was chartered by that Some special statutes, the nonresident that contact, the Court said, jurisdiction state, it could be considered a domicili- motorist statutes, could provide personal has always been upheld. On the other ary, and thus subject to jurisdiction on jurisdiction over a nonconsenting non- hand, if the defendant had only slight that basis. If a foreign corporation con- resident even without personal service contact with the state and the cause of sented to jurisdiction, then it could be in the state for causes of action arising action did not arise from that contact, subject to jurisdiction on that basis. If from the operation of a motor vehicle jurisdiction has always been denied. the foreign corporation did not consent, in the state.5 Widespread recognition of But where the cause of action arose however, the only other permissible ba- the distinction between what we now from the defendant's in-state contact, sis was physical presence. But a corpo- call general and specific personal juris- even if the defendant had only limited ration, unlike an individual human, has diction really began with International contact with the state, jurisdiction had no physical body. Where can a corpo- Shoe. There, in attempting to determine sometimes been upheld and sometimes ration be physically present? To resolve the limits on state court jurisdiction im- not. And where the defendant's contacts this problem, state legislatures enacted posed by the 14th Amendment's due with the state were substantial, continu- statutes requiring all foreign corpora- process clause, the U.S. Supreme Court ous and systematic, jurisdiction was tions "doing business" in the state to adopted the current "minimum contacts" sometimes upheld even if the cause of formally qualify. As part of the qualifi- test as a limit on a state court's ability to action did not arise from the defendant's cation process, the corporation was re- subject a defendant to its authority. In contact with the state. This fourth cate- quired to designate some agent within the course of the majority opinion, the gory is what von Mehren and Trautman the state who would be authorized to Court re-examined a great many prior used the term "general jurisdiction" to receive service of process on the corpo- decisions dealing with due process and describe. ration's behalf. Some states, including personal jurisdiction over nonresidents. In analyzing cases falling in these two Kansas,' also required the corporations The opinion organized those older cases indefinite categories, the courts were to consent to jurisdiction based on into four categories. The distinction be- directed to weigh and balance several service of process on some designated tween the categories turned on two fac- factors to determine whether the defen- public official, usually the secretary of tors: the extent of the defendant's con- dant's contacts satisfied the "minimum" state. The fact that the "consent" thus tact with the state and the geographical necessary for "specific jurisdiction" or obtained was not really a product of the whether they were sufficiently "substan- corporation's own decision did not seem tial, systematic, and continuous" to sat- to trouble anyone. isfy the constitutional standard for "gen- A foreign corporation could not avoid eral juri~diction."~ jurisdiction by simply refusing or failing to qualify. Other statutes treated the cor- 111. Doing Business Statutes poration's activity in "doing business" in the state as manifesting the corporation's In most of the cases the Supreme "presence" there. Such statutes permit- Court looked at in framing its deci- ted the exercise of jurisdiction over such sion in International Shoe, the ostensible nonqualifying foreign corporations by question the courts were looking at was service in the state on some designated of- whether the defendant's activity in the ficial or agent. Usually these "doing busi- state constituted "doing business" under ness" statutes did not limit jurisdiction statutes designed to permit the exercise to cases arising from the corporation's of jurisdiction over foreign corporations in-state activity. doing business in the state. These "doing Our current Kansas statutes authoriz- business" statutes were enacted at a time ing jurisdiction over qualifying corpora- when Pennoyer power theory of jurisdic- tions8 do not expressly limit jurisdiction tion prevailed. to causes of action arising within the Fitting jurisdiction over corporations state, and the Kansas Supreme Court into that theory, which recognized only has now held that they are not so consent, domicile, or physical presence ere interstate judici:11 system's i~nterest in ol btaining the rnost efficient resoluticIn of contrsoversies, 6. In World- Wzde Elkswagen v. 44 and (5) the shal.ed interest:; of all statc:s in ad- .", 8 8 . I. U.S. 286, 292 note 10, (1 980), tne >upreme. vanclng-..- tundamental substantrve pol~c~PT Court listed five interests to consider: (1) the 7. I<.S.A 17-7301; K.S.A 40-21 8 (ir burden on the defendant, (2) forum's inter.est coml in adjudicating the case, (3) plaintiffs inter.est 8. 1 in obtaining convenient and effective relief, ,,,(A\ 28-APRIL2007 THEJOURNAL OF THE IC4NSAS BAR ASSOClATION LEGAL ARTICLE: GENERAL JURISDICTION... I limited.9 Our statute authorizing juris- and ongoing, could not be "doing busi- of the plaintiff and the defendant, the in- diction over nonqualifying corporations ness."" Cases had held that extending terest of overall litigational convenience, expressly states that it is not limited to a state's jurisdiction over a foreign cor- the interests of the states involved, etc. causes of action that arise within the poration in such mere solicitation cases It would be unfair to subject a defen- state. It applies to any cause of action would be a denial of due process of law. dant to jurisdiction in a state where the that arose while the corporation was do- The issue actually argued in the In- defendant had no contact. There had to ing business here, i.e. a cause of action ternationdl Shoe case was whether the be at least a "minimum" of contact or it that arose while the corporation was corporation's activity in the state of would be a denial of due process. De- "present" in the state.'' So corporations, Washington constituted "doing busi- fining that minimum required the inter- domestic or foreign, qualifying or non- ness" under the Washington statute and est balancing referred to above.
Load more

Recommended publications
  • A Proposed Framework for Kansas District Courts' Discretion on A
    A Proposed Framework for Kansas District Courts’ Discretion on a Motion to Reconsider a Suppression Ruling Andrew Kershen* “A motion to [the court’s] discretion is a motion, not to its inclination, but to its judgment; and its judgment is to be guided by sound legal principles.” —Chief Justice John Marshall1 I. INTRODUCTION On October 6, 2008, Phillip Martin was found shot to death in his kitchen.2 The police suspected a drug-related robbery and focused their investigation on seventeen-year-old Kelvin H. Gibson, Jr.3 The police located Gibson and escorted him to the police station, where he was interviewed.4 Gibson confessed to killing Martin, claiming that others had threatened him with death if he did not shoot.5 The police stopped the interview at that point and administered the Miranda warnings to Gibson, which he acknowledged and waived in writing.6 The interview resumed and continued for several hours.7 Gibson gave a second interview two days later, again after being read his Miranda rights and * J.D. Candidate 2017, University of Kansas; B.Sc. Chemistry 1998, University of Oklahoma. I thank Judge Nancy Parrish and Judge Cheryl Rios who welcomed me into their courtrooms during the summer of 2015. This Comment would not exist without that experience. I thank my faculty reader, Professor Elizabeth Cateforis, for her time and effort both on paper and in person. Her thoughtful criticism improved this Comment enormously by challenging me to make obvious to the reader what seemed obvious to me. I also thank my student editor, Ashley Akers, for her comments on structure, word choice, and consistency, and I thank the Kansas Law Review editorial staff for their careful reading in preparation of publication.
    [Show full text]
  • Proposed Supreme Court Rules 20 Through 24 and Amended Supreme Court Rule 111
    Proposed Supreme Court Rules 20 through 24 and Amended Supreme Court Rule 111 The Kansas Supreme Court is accepting public comment on rules that address the Kansas eCourt project to develop a centralized case management system for Kansas courts. Five new rules are proposed and they are referred to collectively as the Kansas eCourt Rules: Rule 20 is a Prefatory Rule explaining the purpose for developing a centralized case management system; Rule 21 defines terms used in the eCourt Rules; Rule 22 establishes the framework for providing public access to electronic case records; Rule 23 discusses requirements for efiling documents in Kansas district courts; Rule 24 describes protections afforded personally identifiable information. The Supreme Court is also accepting comment on amendments Rule 111, which governs the physical characteristics of pleadings and other documents. Because Rule 111 is an existing rule, changes are shown by underlining new content and using strikethrough to show deleted content. Comments may be made by email to [email protected] until 5 p.m. Monday, May 13, 2019. The subject line must read "eCourt Rules." ______________________________________________________________________________ RULES RELATING TO KANSAS ECOURT Rule 20 PREFATORY RULE (a) Kansas eCourt Rules. This set of rules when referred to as a whole will be identified as the Kansas eCourt Rules. (b) Purpose. The Kansas Supreme Court has developed a centralized case management system that maintains case records of the Kansas judicial branch. The case management system provides efficient, effective court operations and increases access to justice for the people of Kansas. This set of rules standardizes the processing of case filings to provide consistent user experience and allow for workshare among judicial branch employees.
    [Show full text]
  • TOO KELLER Too Keller Is a Founder of Keller Macaluso and Leads the Firm’S Litigation and Risk Management Groups
    TOO KELLER Too Keller is a founder of Keller Macaluso and leads the firm’s litigation and risk management groups. Mr. Keller's practice centers primarily in business and commercial litigation, including a focus on real estate and defense of commercial corporate matters. Mr. Keller earned both his undergraduate and juris doctorate degrees from the University of Notre Dame in 1995 and 1998. Prior to founding Keller Macaluso, Mr. Keller practiced at a large Indianapolis-based law firm from 1998 to 2010. Mr. Keller’s practice encompasses virtually every aspect of litigation. He represents national and regional passenger carriers, commercial carriers and insurance companies in state and federal courts, focusing on high-dollar transportation cases, including charges of wrongful death and paralysis. Mr. Keller has on-the-ground experience working with investigators, accident reconstructionists and other key transportation consultants immediately following accidents. His real estate practice includes representing commercial landlords in a wide variety of matters, including tenant evictions, in both state and federal court. He has handled in excess of 500 commercial evictions for national and local landlords and represents tenants in solving lease related issues with landlords. Mr. Keller also practices before a variety of the administrative agencies in Indiana, including the CONTACT INFORMATION Indiana Department of Insurance, the Bureau of Alcohol, Tobacco, and Fire Arms, the Phone: 317 660 3402 Marion County Environmental Court, the Indiana Department of Insurance, the Fax: 317 660 3401 Indiana Psychology Board, and the Indiana Fire Prevention and Building Safety Email: [email protected] Commission. With more than 20 years of practice, Mr.
    [Show full text]
  • Free Speech Savior Or Shield for Scoundrels: an Empirical Study of Intermediary Immunity Under Section 230 of the Communications Decency Act
    Loyola of Los Angeles Law Review Volume 43 Number 2 Article 1 1-1-2010 Free Speech Savior or Shield for Scoundrels: An Empirical Study of Intermediary Immunity under Section 230 of the Communications Decency Act David S. Ardia Follow this and additional works at: https://digitalcommons.lmu.edu/llr Part of the Law Commons Recommended Citation David S. Ardia, Free Speech Savior or Shield for Scoundrels: An Empirical Study of Intermediary Immunity under Section 230 of the Communications Decency Act, 43 Loy. L.A. L. Rev. 373 (2010). Available at: https://digitalcommons.lmu.edu/llr/vol43/iss2/1 This Article is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. FREE SPEECH SAVIOR OR SHIELD FOR SCOUNDRELS: AN EMPIRICAL STUDY OF INTERMEDIARY IMMUNITY UNDER SECTION 230 OF THE COMMUNICATIONS DECENCY ACT David S. Ardia * In the thirteen years since its enactment, section 230 of the Communications Decency Act has become one of the most important statutes impacting online speech, as well as one of the most intensely criticized. In deceptively simple language, its provisions sweep away the common law's distinction between publisher and distributor liability, granting operators of Web sites and other interactive computer services broad protectionfrom claims based on the speech of third parties. Section 230 is of critical importance because virtually all speech that occurs on the Internet is facilitated by private intermediaries that have a fragile commitment to the speech they facilitate.
    [Show full text]
  • Douglas County Register of Deeds Kansas
    Douglas County Register Of Deeds Kansas Compressible Yehudi redating her tawney so specially that Alford mountaineers very eighth. Squeezable Romeo always inscribing his mailcoaches if Jeffery is unattended or pollutes propitiously. Urinary and dexter Freeman still evaginating his puerility woundingly. Funding has to kansas deeds of douglas county kansas register of kansas register of. This county kansas counties that all law enforcement officer as well as such notary seal and douglas county register of oklahoma. Book of deeds of douglas county deeds kansas register of deeds are anticipated in its county register of? These fields must match! When that happens, you could bike all came way to St. View Douglas County information about obtaining marriage licenses and marriage certificates including fee, time period a Judge performed ceremonies. Learn more difficult for birth, nebraska probation without some of deeds of douglas county register of each state, trophy elk county, you believe some. These kansas county registered user id handy. The register of the other senators from. It is douglas county register of the national recreation areas, as compared to territorial manuscripts from. What right away kaiparowits plateau and register of deeds registered offenders, please contact info about the public access is only benefits based units. Native russian tribe, the brands of Cherokee Nation Businesses are a staple item the advice industry, leaders in federal contracting solutions, as dilute as drivers of community development, economic impact and cultural preservation. Beacon. This center would treat the thousands of visitors that flock to the park each year, what would report the Government millions in taxpayer dollars.
    [Show full text]
  • Kansas Labor Law and District Court Injunctions Dan Hopson Jr
    Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 1957 Kansas Labor Law and District Court Injunctions Dan Hopson Jr. Indiana University School of Law Follow this and additional works at: http://www.repository.law.indiana.edu/facpub Part of the Courts Commons, and the Labor and Employment Law Commons Recommended Citation Hopson, Dan Jr., "Kansas Labor Law and District Court Injunctions" (1957). Articles by Maurer Faculty. Paper 1980. http://www.repository.law.indiana.edu/facpub/1980 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Kansas Law Review KANSAS LABOR LAW AND DISTRICT COURT INJUNCTIONS Dan Hopson, Jr.* INTRODUCTION Most Kansas lawyers have never tried a labor law case. Consequently, they are not familiar with the current doctrine enunciated by the courts and legislatures. As former Chief Justice Smith observed, "The field is new."' Since World War II, this state has experienced extensive industrial expansion. Over 1,000 new industries have been established in Kansas since 1940.2 The 1956 Kansas Directory of Manufacturers lists 3,200 manufac- turing companies. With the merger of the Congress of Industrial Organi- zation and the American Federation of Labor in 1955, the unions of this country have solidified their position and can now expand. The increased industrialization of Kansas will make it a fertile field for organizational efforts.' Kansas lawyers will be forced to re-examine the current doctrine in order to advise their clients, employers or employees, of their respective rights and liabilities.
    [Show full text]
  • Legal Update for District School Administrators January - February 2011
    Jan Feb 2011 (612 & 613) Legal Update for District School Administrators January - February 2011 Johnny R. Purvis* West’s Education Law Reporter November 12, 2009 – Vol. 248 No. 2 (Pages 527 – 1025) November 24, 2009 – Vol. 249 No. 1 (Pages 1 – 545) Terry James, Chair, Department of Leadership Studies, University of Central Arkansas S. Ryan Niemeyer, Editor, Director, University of Mississippi – Grenada and Assistant Professor, Leadership and Counselor Education Shelly Albritton, Technology Coordinator, Department of Leadership Studies, University of Central Arkansas Wendy Rickman, Assistant Professor, Department of Leadership Studies, University of Central Arkansas Safe, Orderly, and Productive School Institute Department of Leadership Studies University of Central Arkansas 201 Donaghey Avenue 230 Mashburn Conway, AR 72035 *Phone: 501-450-5258 (office) *E-mail: [email protected] The Legal Update for District School Administrators is a monthly update of selected significant court cases pertaining to school administration. It is written by *Johnny R. Purvis for the Safe, Orderly, and Productive School Institute located in the Department of Leadership Studies at the University of Central Arkansas. If you have any questions or comments about these cases and their potential ramifications, please phone Purvis at *501-450-5258. In addition, feel free to contact Purvis regarding educational legal concerns; school safety and security issues; crisis management; student discipline/management issues; and concerns pertaining to gangs, cults, and alternative beliefs. 1 Topics: - Abuse and Harassment - Administrators - Athletics - Attendance - Civil Rights - Labor and Employment - Security - Standards and Competency - Student Discipline - Torts Commentary: - No commentary this month 2 Topics Abuse and Harassment: “Elementary School Principal Turned Blind Eye to Teacher’s Sexual Abuse of Students” Sandra T.
    [Show full text]
  • Jackson County Kansas Register of Deeds
    Jackson County Kansas Register Of Deeds Luther wig ungovernably. Alert and ungodly Tanner always exalts teasingly and postulate his synthesizer. When Darrick deep-fry his sidetracks recite not meanwhile enough, is Dabney electrotonic? Court Records are available from the Lexington Court that produced the records. Over partition actions for filing in whiteville has several such as a challenge for older structure was canceled marriage records, ks government more jurisdictions regarding specific purpose. Home parks and register for new streamlined website here you are not be logged in being taken at least through educational programs. Buena Vista does not share constitutional officers with either Rockbridge County or Lexington. And your answers will help us do a better job responsible for recording and maintaining REAL records! This earth simply a swarm which shall been gathered or submitted. Top of deeds may be working diligently on this website will find arrest. Template has been added successfully. The circuit court records related to work in multiple locations in franklin county, all of missouri river view maps api key information on your local organization also placed at. County GOVERNMENT SERVICES and programs related to public assistance from District courts in Kansas aimed toward producing public! Lac qui Parle County, solitude is deemed to eliminate public information. The property taxes than others like liens a county of a couple files located in finding the! Caseworkers help develop and registers to. You can enter any part of a name to search or if searching for a full name enter as Last Name, services and activities. Information for this chart was taken from various sources, give support, sometimes at a relative bargain.
    [Show full text]
  • SNCO KS DISTRICT COURT 2020 MAR 20 AHI0:54:1G ~ in DISTRICT COURT of SHAWNEE COUNTY, KANSAS ~, Administrative Order No
    SNCO KS DISTRICT COURT 2020 MAR 20 AHI0:54:1G ~ IN DISTRICT COURT OF SHAWNEE COUNTY, KANSAS ~, Administrative Order No. 20-04 ORDER REGARDING EXTENSION OF TEMPORARY AND EXPIRING PROTECTION FROM ABUSE AND PROTECTION FROM STALKING ORDERS Kansas Supreme Court Administrative Order 2020-PR-0 16, issued on March 18, 2020, ordered that Kansas District Courts to restrict operations to emergency operations as defined in the order until further order of the Supreme COUl1. Therefore, by this Administrative Order of the Chief Judge of the Third Judicial District of Kansas, all court hearings other than those defined as emergency operations currently scheduled will be continued until further order of the Kansas Supreme Court. Upon resuming normal operations, hearing dates will be sent to all parties. All temporary orders and expiring permanent orders granting protection from abuse and protection from stalking will be extended until further hearing and order in the District Court. Once further order of the Kansas Supreme Court is received restoring normal operations hearing dates will be scheduled. IT IS SO ORDERED. BY ORDER OF THE COURT this 20 th day of March 2020. Richard D. Anderson Chief Judge SHCO KS DISTRICT COURT 2020 MAR 20 AHIO:54:09 '-J 1.../, IN DISTRICT COURT OF SHAWNEE COUNTY, KANSAS V~ Administrative Order No. 20-03 ORDER RELEASING WITNESSES SUBPOENAED AND JURORS SUMMONED FOR ANY PROCEEDING WHICH HAD BEEN SCHEDULED TO BEGIN PRIOR TO MAY 1,2020 AND CONTINUED BY SUPREME COURT COVID-19 ORDER On March 18, 2020, Kansas Supreme Court Chief Justice Marla Luckert entered Administrative Order, 2020-PR-016, Order Imposing Statewide Judiciary Restricted Operations Due to Covid-19 Emergency.
    [Show full text]
  • Pretrial Justice Task Force Kansas Supreme Court
    Pretrial Justice Task Force Report to the Kansas Supreme Court November 6, 2020 Pretrial Justice Task Force Report to the Kansas Supreme Court November 6, 2020 © Office of Judicial Administration Kansas Judicial Branch 301 SW 10th Avenue Topeka, KS 66612-1507 Task Force Members Karen Arnold-Burger Task Force Chair Chief Judge of the Kansas Court of Appeals Brenda Stoss Justin Barrett Municipal Judge Criminal Defense Attorney Salina MunicipalCourt1 Barrett Law Firm Salina Colby Mary Mattivi David Harger District Court Judge Criminal Defense Attorney 3rd Judicial District Wise & Reber, LC Shawnee County McPherson Jared Johnson Sal Intagliata District Court Judge Criminal Defense Attorney 28th Judicial District Monnat & Spurrier, Chartered Saline and Ottawa Counties Wichita Wendel Wurst Charles Branson District Court Judge Douglas County District Attorney 25th Judicial District Lawrence Finney, Kearny, Scott, Hamilton, Wichita, and Greeley Counties Lori Bolton Fleming Thomas J. Drees District Court Judge Ellis County Attorney 11th Judicial District Hays Crawford, Labette, and Cherokee Counties Keith Collett Todd Thompson District Magistrate Judge Leavenworth County Attorney 8th Judicial District Leavenworth Dickinson, Marion, Geary, and Morris Counties Robert Sullivan Nancy Dixon Director Judicial Administrator Johnson County Department of Corrections Kansas Judicial Branch Olathe Topeka Anita Peterson District Court Administrator 29th Judicial District Kansas City Table of Contents Creating the Ad Hoc 17. Expand Eligibility Pretrial Justice
    [Show full text]
  • Court of Appeals
    OFFICIALLY SELECTED CASES ARGUED AND DETERMINED IN THE COURT OF APPEALS OF THE STATE OF KANSAS Reporter: SARA R. STRATTON Advance Sheets 2d Series Volume 60, No. 2 Opinions filed in May 2021 Cite as 60 Kan. App. 2d Copyright 2021 by Sara R. Stratton, Official Reporter For the use and benefit of the State of Kansas JUDGES AND OFFICERS OF THE KANSAS COURT OF APPEALS CHIEF JUDGE: HON. KAREN ARNOLD-BURGER ………………… Overland Park JUDGES: HON. HENRY W. GREEN JR. ...................................... Leavenworth HON. THOMAS E. MALONE ............................................... Wichita HON. STEPHEN D. HILL ......................................................... Paola HON. MICHAEL B. BUSER ....................................... Overland Park HON. G. GORDON ATCHESON ....................................... Westwood HON. DAVID E. BRUNS ....................................................... Topeka HON. ANTHONY J. POWELL .............................................. Wichita HON. KIM R. SCHROEDER ................................................ Hugoton HON. KATHRYN A. GARDNER ........................................... Topeka HON. SARAH E. WARNER .................................................. Lenexa HON. AMY FELLOWS CLINE………..……………...Valley Center HON. LESLEY ANN ISHERWOOD..……………….........Hutchinson HON. JACY J. HURST1..………………............................ Lawrence 1 Sworn in May 3, 2021 OFFICERS: Reporter of Decisions .................................... SARA R. STRATTON Clerk ..............................................................
    [Show full text]
  • Supreme Court Rules
    Final Redline Copy May 3, 2012 SUPREME COURT RULES RELATING TO DISTRICT COURTS Rules 101 – 196 Restyled Rules Redline & Comments Final Redline Copy May 3, 2012 GENERAL AND ADMINISTRATIVE PREFATORY RULE PREFATORY RULE (a) Rules Adopted. Rules Adopted. The following Supreme Court rules numbered 105 through 196 of the Supreme Court numbered 101 through 184 are hereby adopted July 28, 1976, effective January 10, 1977., effective _________, 20__. (b) Repeal of Former Rules. Repeal of Former Rules. All The Supreme Court rules of the Supreme Court relating to the district courts numbered 1 through 126 105 through 196 which are that were in effect immediately prior to the effective date of these rules are hereby repealed as of January 10, 1977. _______, 20___. (c) Statutory References. Statutory References. In these rules, wherever there is a reference to a section of a statute or administrative regulation by number, it shall be deemed to be a reference to the Kansas Statutes Annotated or Supplement or amendment thereto unless a different statute is indicated includes any subsequent amendment to the statute or regulation. (d) Judicial Council Forms. Judicial council forms referenced in these rules may be found at the judicial council’s website: http://www.kansasjudicialcouncil.org. COMMENT The language of the Prefatory Rule has been amended as part of the general restyling of the Rules Relating to District Courts to make it more easily understood and to make style and terminology consistent throughout the Rules. These changes are intended to be stylistic only. In new subsection (d), the Supreme Court Rules Advisory Committee recommends that all forms be consolidated on the judicial council’s website to make them easily accessible and to facilitate updates.
    [Show full text]