Printable Format20-311f. 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.
3. Subsection (a) applied; granting motion under K.S.A. 60-1507 disqualifying trial judge reversed. Carpenter v. State, 223 Kan. 523, 524, 525, 575 P.2d 26.
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).