Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Court-wide- 1 copy
Motion, Supporting Brief, Opposing Brief
Court-wide- Upon Filing
Motion, Supporting Brief, Opposition Brief
Court-wide- Upon Filing
Proposed Instructions
Court-wide
Communication
Phone
Court-widePhone
Court-wideDocument Format Requirements16 rules
All court orders for Mediation, Higher Ground, Domestic Conciliation, Expedited Child Interviews and Family Assessments shall be issued in a form approved by the Chief Judge.
- Mediation order
- Higher ground order
- Domestic conciliation order
- Family assessment order
Formatting
- •The order must be in a form approved by the Chief Judge
The court will issue an order requiring attendance and directing payment of the fee in a form approved by the Chief Judge.
Formatting
- •The order must be in a form approved by the Chief Judge
When submitting proposed parenting plans or property division worksheets you must use the forms found on the Division 1 webpage. Pleadings that do not conform with the Division 1 forms may be stricken.
Proposed orders must be submitted in a modifiable MS Word or similar format or they will be automatically rejected.
- File type
- Word
- Proposed order
Formatting
- •The format must be modifiable
Court's wording
All proposed orders must be submitted in MS Word or similar, modifiable, format to allow for modification. Failure to submit in a modifiable format will lead to automatic rejection of the proposed order.
Parties may not submit a modified Domestic Form 1 to the signing judge without good cause and explaining all proposed changes, although inapplicable paragraphs may be struck.
- Domestic Form 1
Formatting
- •Inapplicable paragraphs may be struck
Parties may not submit a substantively modified Domestic Form 2 to the signing judge without good cause and explaining all proposed changes, although inapplicable paragraphs may be struck.
- Domestic Form 2
Formatting
- •Inapplicable paragraphs may be struck
Parties may not submit substantive modifications of Domestic Form 3 to the signing judge without good cause and explaining all proposed changes, although inapplicable paragraphs may be struck.
- Domestic Form 3
Formatting
- •Inapplicable paragraphs may be struck
The draft pretrial order will be emailed or otherwise provided to the court electronically in Microsoft Word or similar modifiable format.
The draft order must be submitted to the court, by email, in MS Word format, no later than two court days prior to the scheduled pretrial conference unless otherwise ordered.
- Pretrial order
Formatting
- •MS Word format
A proposed child support worksheet in a modifiable format. If the party uses the Bradley Software program, the native Bradley Software file must be sent.
A proposed property division worksheet in MS Excel format. The Division 1 preferred form is found on the Division 1 webpage.
Petitioner’s Exhibits will be marked 1-99. Respondent’s exhibits will be marked 100-199. Third party exhibits will be marked 201-299.
The pleadings will be filed and digitally delivered to the Court in MS Word or similar format no less than two court days prior to trail.
Formatting
- •MS Word or similar format
The instruction page should be removed before submitting the proposed order to the court.
A proposed parenting plan in MS Word or similar format. The Division 1 preferred form is found on the Division 1 webpage.
Use red for the Petitioner’s disputed language, blue for the Respondent’s, purple for a third party’s, and black or green for agreed language.
Court's wording
If the parties are submitting a proposed order that contains language upon which the parties are unable to agree, the Petitioner’s proposed language should be in red while the Respondent’s proposed language should be in blue. Third party proposed language should be in purple. The court will assume that language in black or green fonts is agreed.
Document Filing Requirements42 rules
This plan must be filed with a child support worksheet and an order approving the child support worksheet and shared expense plan.
The parties and counsel must arrange a personally attended financial-document exchange meeting within 30 days of the Order, including the listed financial records and parenting and child-support documents.
Court's wording
Within 30 days from the date of this Order, the parties and counsel are ORDERED to schedule a meeting to be personally attended by both parties and their attorneys to exchange all financial documents related to the parties’ income and expenses for support determination and for evaluation of the parties’ assets and debts. Such document exchange shall include, but is not limited to: Complete signed and notarized Domestic Relations Affidavit (The parties shall not use the “short form” unless specifically authorized by the Court); Federal and State Income Tax Returns with all attachments and schedules for the most recent tax year, including, but not limited to W-2s, 1099s, 1098s, K-1s, Schedule C, Schedule E and any other schedules filed with the IRS; Copies of each payroll statement, pay stubs, pay advice (or equivalent documentation) for the past 12 months prior to the filing date from each employer from compensation was paid during the 12 month period, and the year-end pay stub (or equivalent documentation) for the calendar year that concluded prior to the filing of the action; Copies of all credit card statements (whether individual or joint accounts) for the past 6 months prior to filing date; Copies of all checking account statements (whether individual or joint accounts) for the past 6 months prior to filing date; Proposed Parenting Plan of each parent; Documentation confirming the cost and status of enrollment of employer provided medical, dental, vision and prescription insurance coverage for the party only, the party plus spouse (if applicable), and the party plus family (and/or party plus child(ren)) if offered. If any persons are covered by the policy other than the parties and their children together, the party shall disclose the first names and ages of all others covered by the policy; For the six (6) months prior to the filing of the petition, statements or other proof of payment of all work-related daycare expenses paid by a party; and A preliminary child support worksheet;
Withdrawal will not be permitted without a showing that the litigant has been notified of pending hearings and that the case will proceed whether the litigant is represented by counsel or not.
An attorney seeking to withdraw under Supreme Court Rule 117 must file and serve a motion for leave to withdraw on all counsel of record, and provide a proposed order for the court.
- Document
- Motion for leave to withdraw
Must include
- •Proposed order
Counsel admitted to practice in the court may substitute without a court order by filing a pleading with the specified title signed by both the withdrawing and substituted attorneys.
Court's wording
Substitution of counsel admitted to practice in this court is authorized without an order of the court. Substitution of counsel may be accomplished by the filing of a pleading entitled "Withdrawal of Counsel and Entry of Appearance of Substituted Counsel" signed by the attorney withdrawing and the attorney to be substituted.
A motion for leave to withdraw under Supreme Court Rule 117 shall be substantially in the following form:
An order permitting withdrawal of an attorney shall be substantially in the following form:
The parties [do or do not] stipulate to the use of expedited trial procedures. If yes, a separate agreed order for the procedure to be used will be filed before trial.
If spousal maintenance is at issue, each party must file an updated, timely signed Domestic Relations Affidavit; the short form requires advance court authorization.
Court's wording
If spousal maintenance is an issue for trial, each party must complete and file an updated Domestic Relations Affidavit signed no earlier than seven days prior to the pre-trial conference. The “short form” shall not be used unless specifically authorized by the Court in advance of the pretrial conference.
Requests for “emergency orders” modifying a final child custody or the parenting arrangements must comply with K.S.A. 23-3219(b).
Failure to complete the civil cover sheet may cause proposed ex parte orders to be automatically rejected.
All proposed temporary orders must comply with Local Rule 25. Please use the court approved forms. Failure to use the approved form risks immediate rejection.
The DRA must be completed as fully as possible. A DRA that is not substantially complete will not be acceptable. An unsigned DRA is not acceptable.
Requests for ex parte orders of support must be accompanied by a Domestic Relations Affidavit and a Child Support Worksheet.
When submitting proposed ex parte orders that include substantial modifications to the court approved forms, counsel must explain the proposed changes stating good cause for each change. See Local Rule 25
Please complete the FAX COVERSHEET/PAYMENT SLIP using the link. Fax the DOCUMENTS you need to file and the FAX COVERSHEET/PAYMENT SLIP to: 913-715-3405
KSA 60-211 requires that signature blocks on all filed papers include the signer’s e-mail address.
- Document
- Filed paper
- Placement
- Signature block
Must include
- •The signer’s e-mail address
Parties requesting ex parte temporary orders of child custody and support shall use Domestic Form 2, with or without the restraining orders, unless a judge has specifically approved a different form.
Parties requesting temporary restraining orders, ex parte or otherwise, shall use Domestic Form 1, separately or combined with Domestic Forms 2 or 3, unless a judge has specifically approved a different form.
Other temporary orders after hearing in parentage or divorce cases shall use Domestic Form 3, with or without the restraining orders, unless a judge has specifically approved a different form.
If one or both parties are unrepresented, both parties must complete a Domestic Relations Affidavit.
A parentage case submission must include the listed order, plan, worksheet, affidavit, and Parents Forever proof, plus the property documents if property is involved.
Court's wording
For a Parentage case: an order signed by both attorneys of record; an agreed parenting plan; an agreed child support worksheet; a current, signed, fully completed, Domestic Relations Affidavit; a signed property settlement agreement (if property is involved); a spreadsheet of assets and liabilities (division of net worth) (if property involved); and proof of Parents Forever attendance for both parents.
A decree of divorce submission must include all listed signed agreements, worksheets, affidavit, asset-and-liability spreadsheet, and Parents Forever proof.
Court's wording
For a Decree of Divorce: a decree signed by both attorneys of record; a signed property settlement agreement; an agreed parenting plan; an agreed child support worksheet; a current, signed, fully completed, Domestic Relations Affidavit; a spreadsheet of assets and liabilities (division of net worth); and proof of Parents Forever for both parents.
Failure to provide all the required documentation will result in the rejection of proposed orders.
The parties shall jointly prepare a draft pretrial order in the form provided by the court (see Division 1 webpage).
Each party must sign a separate consent and waiver form
Fax: Please complete the FAX COVERSHEET/PAYMENT SLIP using the link.
Include
- •Complete the FAX COVERSHEET/PAYMENT SLIP
Respondent lists (full name and address) fact witnesses for trial below.
Petitioner lists (full name and address) fact witnesses for trial below.
This pretrial order should be jointly prepared by all parties. All parties and counsel are expected to cooperate in the preparation of the pretrial order.
Respondent lists the following previously designated experts for testimony at trial: [insert here with reference, by Document number, to the designation].
All blanks must be filled in. If the issue to be discussed in the text box is not applicable, simply state “N/A” or “None.”
All documents required to be filed with the Court Clerk must likewise be filed two court days prior to the scheduled pretrial conference and identified in the Pretrial Order by JIMS document number.
Proposed Decrees, Trial Briefs or Proposed Findings of Fact and Conclusions of Law are not required unless specifically ordered.
Petitioner lists the following previously designated experts for testimony at trial: [insert here with reference, by Document number, to the designation].
Holiday Parenting Schedule. See attached schedule or set out holiday schedule here.
IF A PARENT IS A SERVICE MEMBER, INSERT PROPOSED ORDERS PER K.S.A.23-3217 HERE.
- Document
- Parenting plan
Include
- •Proposed order
When completing the pretrial order, clearly inapplicable sections may be deleted.
You do not, however, need to complete the section setting the trial date. That will be filled in at the pretrial conference.
If one or both parties is unrepresented, the proposed order may be submitted if it was completed with the assistance of a mediator, conciliator, parent coordinator or domestic case manager approved and qualified by the Kansas Supreme Court.
These cases may be approved by the Court without a hearing or appearance by the parties provided that the following is submitted to the Court.
For an order approving an agreed parenting plan or an agreed child support order: The order is signed by both attorneys of record; an agreed Parenting Plan (if applicable); an agreed Child Support Worksheet (if applicable); and a current, signed, fully completed, Domestic Relations Affidavit.
Filing & Service rules
Electronic Filing Rules
Documents that do not require payment may be filed by email, fax, in person, or by mail.
If filing documents that do NOT require payment, you may email them to [email protected] or fax them at 913-715-3401, You may also file in person or by mail.
Page 1 | FILING THE MOTION TO MODIFY FILING FEE -$62
Documents requiring payment may be filed by fax, in person, or by mail.
If filing documents that require payment, you may: Fax: Please complete the FAX COVERSHEET/PAYMENT SLIP using the link. Fax the DOCUMENTS you need to file and the FAX COVERSHEET/PAYMENT SLIP to: 913-715-3405 In person or Mail: SELF-HELP CENTER 150 W. SANTA FE STREET OLATHE KS 66061
Page 1 | FILING THE MOTION TO MODIFY FILING FEE -$62
Documents that do not require payment may be filed by email or fax.
If filing documents that do NOT require payment, you may email them to [email protected] or fax them at 913-715-3401,
Page 1 | Filing documents that do NOT require payment
Documents requiring payment may be filed in person or by mail at the Self-Help Center address provided.
In person or Mail: SELF-HELP CENTER 150 W. SANTA FE STREET OLATHE KS 66061
Page 1 | Filing documents that require payment
Documents that do not require payment may also be filed in person or by mail.
You may also file in person or by mail.
Page 1 | Filing documents that do NOT require payment
Documents requiring payment may be filed by fax to 913-715-3405.
Fax the DOCUMENTS you need to file and the FAX COVERSHEET/PAYMENT SLIP to: 913-715-3405
Page 1 | Filing documents that require payment
Filing Timing and Cure Windows
Within three days of receipt, counsel for petitioner shall serve a copy of this Order on respondent and file proof of service with the Clerk of the Court.
Within three days of receipt, counsel for petitioner shall serve a copy of this Order on respondent and file proof of service with the Clerk of the Court.
Civil cases
Page 1 | INITIAL DISCLOSURE AND CASE MANAGMENT ORDER
File and digitally deliver the pleadings to the court in MS Word or a similar format at least two court days before trial.
The pleadings will be filed and digitally delivered to the Court in MS Word or similar format no less than two court days prior to trail.
Civil cases
Page 1 | Trial
Documents required to be filed with the Court Clerk must be filed two court days before the pretrial conference.
All documents required to be filed with the Court Clerk must likewise be filed two court days prior to the scheduled pretrial conference and identified in the Pretrial Order by JIMS document number.
Civil cases
Page 1 | INSTRUCTIONS FOR PREPARATION
Submit the draft order to the court by email no later than two court days before the pretrial conference, unless otherwise ordered.
The draft order must be submitted to the court, by email, in MS Word format, no later than two court days prior to the scheduled pretrial conference unless otherwise ordered.
Civil cases
Page 1 | INSTRUCTIONS FOR PREPARATION
The listed trial documents must be digitally delivered to the court no later than 24 hours before trial.
Depending upon the issues to be resolved, each part will provide the court the following documents. The documents must be digitally delivered no later than 24 hours before trial.
Civil cases
Page 1 | Trial
If the parties stipulate to expedited trial procedures, file the separate agreed order before trial.
The parties [do or do not] stipulate to the use of expedited trial procedures. If yes, a separate agreed order for the procedure to be used will be filed before trial.
Civil cases
Page 1 | Trial
Service and Proof of Service Rules
Counsel for petitioner must serve the Order on respondent and file proof of service with the Clerk within three days of receipt.
Within three days of receipt, counsel for petitioner shall serve a copy of this Order on respondent and file proof of service with the Clerk of the Court.
Civil cases
Page 1 | INITIAL DISCLOSURE AND CASE MANAGMENT ORDER
A substitution pleading must be served on the client and all counsel of record.
Such pleading shall be served on the client and all counsel of record in the case.
Civil cases
Page 1 | CIVIL RULE - NO. 7 — Withdrawal of Attorney
The motion must be served on the withdrawing attorney's client, and proof of service must be filed with the clerk.
The motion for leave to withdraw must be served on the withdrawing attorney's client. Proof of service on the client shall be filed with the clerk.
Civil cases
Page 1 | CIVIL RULE - NO. 7 — Withdrawal of Attorney
This is to certify that a copy of the above and foregoing Order was mailed, postage prepaid, in the United States mail this _____ day of __________, 20___, to: _______________________________________________ __________________________________________________.
This is to certify that a copy of the above and foregoing Order was mailed, postage prepaid, in the United States mail this _____ day of __________, 20___, to: _______________________________________________ __________________________________________________.
Civil cases
Page 1 | CIVIL RULE - NO. 7 — Withdrawal of Attorney
A motion for leave to withdraw must be served on all counsel of record.
An attorney seeking to withdraw under Supreme Court Rule 117 must file and serve a motion for leave to withdraw on all counsel of record, and provide a proposed order for the court.
Civil cases
Page 1 | CIVIL RULE - NO. 7 — Withdrawal of Attorney
The withdrawing attorney must mail a copy of the withdrawal order to the affected party.
The withdrawing attorney shall mail a copy of the order to the party affected.
Civil cases
Page 1 | CIVIL RULE - NO. 7 — Withdrawal of Attorney
The prescribed motion certificate of service states that the motion was mailed to all other counsel of record and the withdrawing attorney's client.
This is to certify that a copy of the above and foregoing Motion for Leave to Withdraw was mailed, postage prepaid, on the _____ day of __________, 20___, to: (all other counsel of record) (withdrawing attorney's client, with address listed for future service of papers)
Civil cases
Page 1 | CIVIL RULE - NO. 7 — Withdrawal of Attorney
The prescribed withdrawal-order certificate of service states that the order was mailed to all counsel of record and the withdrawing attorney's client.
This is to certify that a copy of the above and foregoing Order was mailed, postage prepaid, in the United States mail this ______ day of ________________, 20___, to (all counsel of record) (withdrawing attorney's client, with address listed for future service of papers)
Civil cases
Page 1 | CIVIL RULE - NO. 7 — Withdrawal of Attorney
Mark and exchange all trial exhibits and the final exhibit list three days before trial.
All trial exhibits, together with a final exhibit list, will be marked and exchanged three days prior to trial.
Civil cases
Page 1 | Exhibits
A party choosing to file one of these documents must notify opposing counsel at least seven days before trial.
If a party chooses to file, they must notify the opposing party/counsel at least seven days prior to trial.
Civil cases
Page 1 | Trial
Provide the opposing party with the listed trial documents at the same time they are delivered to the court.
The opposing party will be provided the documents at the same time.
Civil cases
Page 1 | Trial
The three-day response-time addition under KSA 60-206 applies when service is by email.
The three-day time for any response added under KSA 60-206 applies to service by e-mail.
Page 1 | NOTICE
Email or other electronic service is complete when transmitted unless it is returned as undeliverable.
Service by e-mail or electronic means is deemed complete when transmitted unless returned as undeliverable.
Page 1 | NOTICE
Papers may be served by email or other electronic means, except papers that must be served with a summons or by another specifically required method.
KSA 60-205 allows service of papers upon opposing attorneys and parties by electronic means. You may serve, and opposing lawyers, parties and the court may serve you with court papers (except those required to be served with a summons or required to be served by other specific means) by e-mail or other electronic means.
Page 1 | NOTICE
Proof of notice to the other party must be filed with the Court Clerk or be available at the hearing.
Proof of notice to the other party must be filed with the Court Clerk or available at the hearing.
Page 1 | If one or both parties are unrepresented
Each parent must send written notice by certified mail, restricted delivery, return receipt requested, to the other parent’s last known address about a plan to remove a child from Kansas for more than 90 days.
Mother and Father shall each notify the other parent of any plan to remove any child(ren) from the State of Kansas for more than 90 days by sending written notice to the other parent by certified mail – restricted delivery, return receipt requested, at that other parent’s last known address.
Civil cases
Page 1 | Statutory Requirement to Notify Other Parent of Address Change
Each parent must notify the other in writing at least 30 days before an address change by certified mail, restricted delivery, return receipt requested, to the other parent’s last known address.
Mother and Father shall each notify the other parent of any address change in writing no less than 30 days before changing address by sending written notice to the other parent by certified mail – restricted delivery, return receipt requested, at that other parent’s last known address.
Civil cases
Page 1 | Statutory Requirement to Notify Other Parent of Address Change
Counsel should expect that the ex parte order will be modified to require service of process on the other party within a matter of days.
Counsel should expect that the ex parte order will be modified to require service of process on the other party within a matter of days.
Civil cases
Page 1 | DIVISION ONE POLICY FOR SUBMISSION OF EX PARTE TEMPORARY ORDERS & EMERGENCY ORDERS
Filing Fees and Waivers
The motion to modify filing fee is listed with a $62 fee.
FILING THE MOTION TO MODIFY FILING FEE -$62
Page 1 | FILING THE MOTION TO MODIFY FILING FEE -$62
Payments may be made by card, cash in person only, check, or money order payable to the Clerk of the District Court.
(Card, Cash (in person only), Check, or Money Order make payable to: CLERK OF THE DISTRICT COURT)
Page 1 | FILING THE MOTION TO MODIFY FILING FEE -$62
Payment cannot be submitted by email.
We will not accept payment via email.
Page 1 | FILING THE MOTION TO MODIFY FILING FEE -$62
Card payments made by fax or in person incur a $4.95 processing fee.
**Paying by card, whether in fax or in person, has a $4.95 processing fee.**
Page 1 | FILING THE MOTION TO MODIFY FILING FEE -$62
Payment may not be submitted by email.
We will not accept payment via email.
Page 1 | Filing documents that do NOT require payment
Card payments made by fax or in person incur a $4.95 processing fee.
**Paying by card, whether in fax or in person, has a $4.95 processing fee.**
Page 1 | Filing documents that require payment
Payments may be made by card, cash in person only, check, or money order payable to the Clerk of the District Court.
(Card, Cash (in person only), Check, or Money Order make payable to: CLERK OF THE DISTRICT COURT)
Page 1 | Filing documents that require payment
Adjournment & Extension Requirements
A review hearing generally will not be continued or removed from the docket without all parties’ agreement, and failure to obtain service normally is not good cause to continue it.
The review hearing will generally not be continued or removed from the docket absent the agreement of all parties. Failure to obtain service will not normally be considered good cause to continue the review.
Civil cases
Page 1 | DIVISION ONE POLICY FOR SUBMISSION OF EX PARTE TEMPORARY ORDERS & EMERGENCY ORDERS
Chambers Communication Rules
Do not submit the proposed order to the Division 1 e-queue; email it to Div01@jocogov.org.
Do not submit the order to the Division 1 e-queue. The proposed order must be emailed to Div01@jocogov.org.
Civil cases
Page 1 | INSTRUCTIONS FOR PREPARATION
If a final parenting plan has not been filed by the later of the stated deadlines, the parties must contact the court to discuss alternative dispute resolution.
If the parties have not filed a final parenting plan within 90 days of the filing of the petition, or sixty days of the service of the petition upon the Respondent, whichever is later, the parties are ordered to contact the court to discuss alternative dispute resolution procedures.
Civil cases
Page 1 | INITIAL DISCLOSURE AND CASE MANAGMENT ORDER
The self-represented party must check email regularly.
This means that YOU MUST CHECK YOUR EMAIL REGULARLY.
Page 1 | NOTICE
If the self-represented party changes email addresses, they should immediately inform the court, opposing lawyers, and opposing parties.
IF YOU CHANGE YOUR EMAIL ADDRESS YOU SHOULD INFORM THE COURT AND OPPOSING LAWYERS AND PARTIES IMMEDIATELY.
Page 1 | NOTICE
The self-represented party is responsible for updating contact information with the court; case correspondence will go to the listed address or email unless another form is filed with the Court Clerk.
I understand that it is my responsibility to update this information with the court and that all letters, emails, court papers and other correspondence concerning my case will be sent to the address/email, below unless another one of these forms is filed with the Court Clerk.
Page 1 | ENTRY OF APPEARANCE BY SELF REPRESENTED PARTY
Contact the division administrative assistant if requesting a hearing.
If a hearing is requested contact the division administrative assistant.
Page 1 | If one or both parties are unrepresented
Both unrepresented parties may request a Self-Help Center Night Court hearing, and the case may be set on that docket by contacting the Self-Help Center.
If both parties are unrepresented, they may request a hearing on the Self-Help Center Night Court docket. Cases may be set on the night court docket by contacting the Self-Help Center.
Page 1 | If one or both parties are unrepresented