Legal Question in Landlord & Tenant Law in Kansas

I lost a case involving a rent to own verbal contract. My attorney did not bring in two key witnesses for some reason. I want to file a motion for a new trial. Is my attorney still representing me, or does he have to file a motion to remove himself? Can I get this to a jury trial? I did not agree to a bench trial. How long do I have to file my motion in Kansas? Do I have to wait on my attorney or can I go ahead and file?


Asked on 3/20/14, 8:22 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Unless your attorney is filing a Motion to Reconsider, with the trial court, you can file the appeal on your own. You have a very short time in which to file your motion. I suggest that you engage new counsel as Motions for new trials, in civil cases, are rarely granted. It seems that it would be nearly impossible for a lay person to learn the applicable law in time to successfully bring such a motion. You mentioned that you felt that having two more witnesses would have proved your case. I could be wrong, but that doesn't seem to be a basis for a new trial.

If the trial was in the Limited Actions division, you might be able to get a trial at the district court level. But, that might entail you filing a new action. You might be able to file an action in small claims court or limited actions. But, since the case involves the transferring of real property, you are probably stuck with District Court.

If your attorney is filing a Motion for Reconsideration, you can possibly still hire other counsel. Regardless of which court your trial was in, you have a short time in which to file a Motion with the trial court, or an appeal. You've gotten a general explanation based upon your general description of events. You should consult directly with a civil practice attorney in your area, to get advice specific to the facts of your matter.

Good luck

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Answered on 3/28/14, 2:52 pm


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