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Kansas High Court adopts new rules for hearings under S.B. 40

(AP Photo/Orlin Wagner, Pool)
(AP Photo/Orlin Wagner, Pool)(WIBW)
Published: Apr. 14, 2021 at 12:19 PM CDT
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TOPEKA, Kan. (WIBW) - The Kansas Supreme Court has adopted emergency rules of procedure for hearings under Senate Bill 40.

The Kansas Supreme Court says it issued Administrative Order 2021-RL-032 on Tuesday to provide emergency rules of procedure for hearings that challenge government actions related to the COVID-19 pandemic under Senate Bill 40.

According to the Court, S.B. 40 creates a new process for a resident aggrieved by government-issued emergency-related orders and decisions during a state of disaster emergency to file a civil action in district court for relief. It said the bill authorizes it to adopt emergency rules of procedure to help the timely resolution of district court hearings related to those actions.

The Court said the new rules are written with the understanding that some parties that challenge government acts may not be represented by an attorney. It said the rules have been created to help parties complete and deliver petitions and include template forms to streamline the process. However, it said a person is not required to use the template to seek relief and no action will be dismissed for not using the forms.

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