Johnson County District Court Document Filing Requirements

CRITICAL

Applies to

Motion for leave to withdraw

Must include

certificate of service

A motion for leave to withdraw must substantially follow the prescribed form, including the specified notice to the client and a certificate of service.

2. A motion for leave to withdraw under Supreme Court Rule 117 shall be substantially in the following form: MOTION FOR LEAVE TO WITHDRAW (Pursuant to Supreme Court Rule 117 and Local Rule 7) Attorney hereby moves to withdraw as counsel for , (plaintiff/defendant), in the above-captioned case. This motion to for leave to withdraw will be submitted to the Court for approval on the day of , 20 , at .m. You are further notified that further proceedings may be held in this matter whether or not you are represented by counsel. If you do not retain other counsel, you should appear personally at any scheduled hearings. Presently scheduled hearings are: [Type of hearing] Date: , 20 Time: .m. All notices and orders entered in this case after withdrawal of your attorney will be mailed to you at the address shown below. Attorney for CERTIFICATE OF SERVICE 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) Attorney for

CRITICAL

Applies to

Child support order

Every child support order, including an order combining child support and maintenance, must contain the specified immediate income-withholding provision unless the court makes findings under K.S.A. 23-3103(j).

The following provision shall be contained in all orders of child support or child support and maintenance orders: IT IS FURTHER ORDERED that unless the court makes findings in conformity with K.S.A. 23-3103(j), income withholding shall take effect immediately to enforce the order of child support or child support and maintenance granted herein.

CRITICAL

Applies to

Motion to confirm sheriffs sale

Must include

proposed order

A motion to confirm a Sheriff’s sale must include the signed Sheriff’s Return of Sale, an Itemization of Judgment in the prescribed forms, and a proposed order.

A motion to confirm a Sheriff’s sale shall be accompanied by a copy of the signed Sheriff’s Return of Sale in the form attached to this rule, an Itemization of Judgment in the form attached to this rule, and a proposed order.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Default judgment motion

A motion for default judgment on a petition seeking unliquidated damages requires a showing of compliance with Supreme Court Rule 118(d).

Any motion for default judgment on a petition that seeks unliquidated damages will be granted only upon a showing of compliance with Supreme Court Rule 118(d);

CRITICAL

Applies to

Pretrial order

If amendments are proposed, the pretrial order must include a concise statement of them.

b. [Provide a concise statement of any proposed amendments.]

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Proposed findings conclusions

Proposed Findings of Fact and Conclusions of Law must be filed by the start of trial unless the judge orders otherwise.

Note: Unless otherwise ordered by the judge, you are required to file proposed Findings of Fact and Conclusions of Law by the start of trial.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Parentage case mandatory information exchange

Parentage-case parties must exchange the listed domestic-relations affidavit, tax returns, payroll records, parenting plan, insurance documentation, daycare-expense proof, and preliminary child support worksheet.

b. Documents to be Exchanged. i. Complete signed and notarized Domestic Relations Affidavit (The parties shall not use the “short form” unless specifically authorized by the Court); ii. 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; iii. 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; iv. Proposed Parenting Plan; v. 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; vi. 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 vii. A preliminary child support worksheet.

CRITICAL

Applies to

Pleading and paper

Must include

ai disclosure

All pleadings and papers filed with the Court must include the certification required by the new Generative A.I. rule.

A new Generative Artificial Intelligence (A.I.) rule, with a new certification requirement for all pleadings and papers filed with the Court (Rule 3.7);

CRITICAL

Applies to

Proposed order

A proposed order generally may not be submitted for execution before a required hearing, but may accompany a motion in the stated circumstances.

Unless all affected parties agree to the order, see Civil Rule No. 8, ¶ 5, no proposed order shall be submitted for execution by the Court before any required hearing. A proposed order may be submitted with a motion if (1) notice and hearing are not required, or (2) all counsel have signed the order, or (3) the motion and order recite that counsel for all affected parties consent to the motion and order.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Domestic relations pretrial questionnaire

If child support payment is at issue, an updated child support worksheet must be attached.

6. Is there an issue concerning the payment of child support? a. If so, attach an updated copy of your child support worksheet.

CRITICAL

Applies to

Application for writ of assistance

A Writ of Assistance may be granted upon a showing of entitlement to possession, established either by current Certificate of Purchase holder status after redemption expires or by presenting a recorded Sheriff’s Deed naming the applicant as grantee.

Upon the filing of an Application for Writ of Assistance, the court may, in its discretion, grant the Writ upon a showing that the applicant is entitled to possession. That required showing may be made by (1) showing that the applicant is the current holder of the Certificate of Purchase and any applicable Period of Redemption has run, or in the alternative (2) the presentation of a recorded Sheriff’s Deed to the applicant as grantee.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Journal entry

The approved Journal Entry form must be used in all cases.

An approved Journal Entry form and instructions are posted on the Court's website and shall be used in all cases.

CRITICAL

Applies to

Pretrial order

[Give a brief, concise statement of the legal theories relied upon for recovery; where applicable, list the grounds of negligence or breach of contract relied upon. In jury trial cases, please include sufficient facts so that this section of the Pretrial Order may be used as the basis of a jury instruction summarizing your claims under P.I.K. 106.01. Provide a statement of the total damages being sought under each legal theory or claim; separately provide an itemization of the damages.]

[Give a brief, concise statement of the legal theories relied upon for recovery; where applicable, list the grounds of negligence or breach of contract relied upon. In jury trial cases, please include sufficient facts so that this section of the Pretrial Order may be used as the basis of a jury instruction summarizing your claims under P.I.K. 106.01. Provide a statement of the total damages being sought under each legal theory or claim; separately provide an itemization of the damages.]

CRITICAL

Applies to

Notice of lien claim

A party or counsel with knowledge of a lien must file a Notice of Lien Claim with the clerk identifying the claimant, amount, and basis of the lien.

If any party or counsel has knowledge of any such liens, a "Notice of Lien Claim" shall be filed with the clerk and served on all parties identifying the person claiming a lien, giving the amount of the lien claim, and giving the stated basis for the lien (e.g., under K.S.A. 65-406).

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Pleading or other paper

Pleadings and other papers filed by out-of-state attorneys under Supreme Court Rule 116 must also be signed by a Kansas-licensed attorney.

All pleadings or other papers filed by attorneys from other states pursuant to Supreme Court Rule 116 must also be signed by an attorney licensed to practice law in Kansas.

CRITICAL

Applies to

Filing

Must include

ai disclosure

Affirmative certification is required for all filings subject to these Rules.

In that regard, to further promote and ensure the accuracy and quality of legal pleadings and papers submitted to the Court, affirmative certification is appropriate and necessary for all filings subject to these Rules.

CRITICAL

Applies to

Order removing from dismissal list

A party seeking to set a conference or hearing to remove a case from the dismissal list must submit an order substantially in the provided form.

If the party desires to set the case for conference or hearing, the party must submit an order substantially in the form found below and the order must be filed prior to the noticed deadline:

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Medical malpractice screening panel request

The provider list must include the plaintiff's date of birth, appropriately redacted in filed copies.

The above list shall include the plaintiff's date of birth, subject to appropriate redaction for filed copies.

CRITICAL

Applies to

Withdrawal and substitution pleading

The withdrawal and substitution pleading must substantially follow the prescribed form.

5. The withdrawal and substitution pleading shall be substantially the following form:

CRITICAL

Applies to

Motion for disbursement

Before an order disbursing redemption funds is approved, the person seeking disbursement must file a verified motion stating that the redemption complied with the rule.

Before any Order of Disbursement of redemption funds paid into the Clerk of the District Court is approved, the party or person seeking disbursement shall shall file a verified motion that any such redemption has complied with this Rule.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Domestic relations pretrial questionnaire

The questionnaire must list intended trial witnesses, including all witnesses known at the time of the Pretrial Conference.

8. List all witnesses you intend to call at trial. (NOTE: You must list all witnesses known to you at the time of the Pretrial Conference.)

CRITICAL

Applies to

Appraisers report and order approving report

In eminent domain actions, the condemning authority’s attorney must provide the clerk an additional copy of the appraisers’ report and the order approving it.

In all eminent domain actions, the attorney representing the condemning authority shall provide the clerk with an additional copy of the report of the appraisers and of the order approving that report.

CRITICAL

Applies to

Guardian ad litem report

The guardian ad litem must file a search-results report, and the Petitioner must serve the Petition and notice of pending hearings on identified heirs.

The guardian ad litem shall file a report of the results of the search and the Petitioner shall serve notice of the Petition and any pending hearings upon all identified heirs at law.

CRITICAL

Applies to

Decree

The decree must state the total amount of the judgment.

The decree shall state the total amount of the judgment.

CRITICAL

Applies to

Order for child custody investigation or other report

7. Required Language. The following notice shall be included as part of any order for child custody investigation or other report. IT IS BY THE COURT ORDERED that this report is subject to the provisions of K.S.A. 23-3210(c) and Local Rule 23. Attorneys may generally discuss the contents of the report with their clients but shall not give a copy of the report to their clients and shall not permit their clients to read or make notes from the report. If the investigator clearly designates a portion or portions of the report for general release, those portions may be read by the client or copied and released to the client. The remaining portions of the report shall remain confidential and shall not be read by or released to the client. If a party is not represented by an attorney of record, the report shall be made available for review by the self-represented party, but no copy of the report shall be given to self-represented parties. The review of the report by an self-represented party shall be subject to such further conditions as the court shall determine. If an self-represented party reviews a report the represented party may request the opportunity to review the report, but no copy of the report shall be given to a represented party. Failure to comply with the terms of this order by either an attorney or an self-represented party may be punishable by sanctions for contempt as the Court may determine.

7. Required Language. The following notice shall be included as part of any order for child custody investigation or other report. IT IS BY THE COURT ORDERED that this report is subject to the provisions of K.S.A. 23-3210(c) and Local Rule 23. Attorneys may generally discuss the contents of the report with their clients but shall not give a copy of the report to their clients and shall not permit their clients to read or make notes from the report. If the investigator clearly designates a portion or portions of the report for general release, those portions may be read by the client or copied and released to the client. The remaining portions of the report shall remain confidential and shall not be read by or released to the client. If a party is not represented by an attorney of record, the report shall be made available for review by the self-represented party, but no copy of the report shall be given to self-represented parties. The review of the report by an self-represented party shall be subject to such further conditions as the court shall determine. If an self-represented party reviews a report the represented party may request the opportunity to review the report, but no copy of the report shall be given to a represented party. Failure to comply with the terms of this order by either an attorney or an self-represented party may be punishable by sanctions for contempt as the Court may determine.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Service instruction form

A person requesting service of process must complete a Service Instruction Form before service begins.

An attorney or pro seself-represented litigant requesting service of process on any pleading or document must complete the form called, "Service Instruction Form" before service shall be commenced.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Pleading

An attorney’s pleading must state the attorney’s Supreme Court registration number and identify the represented party or litigant.

Any pleading filed by an attorney in any action or proceeding shall contain the Supreme Court registration number of the attorney filing the same and shall clearly indicate the party or litigant represented by such attorney.

CRITICAL

Applies to

Notice of bankruptcy filing

If the debtor does not file the Notice of Bankruptcy Filing, the foreclosure plaintiff must submit that notice to the Court.

The party prosecuting the foreclosure action shall file the Notice of Bankruptcy Filing with this Court, within a reasonable time after receipt of the notice from the bankruptcy court, if the debtor fails to do.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Information form

For each new or modified support order, except an ex parte order, each party must complete and file an information form.

Upon the filing of each new or modified order of support, except for ex parte orders, each party shall complete and file an information form in such format as may be specified by the trustee.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Written answer

A written Answer is required to assert affirmative defenses under K.S.A. 60-208.

Written Answers are subject to the requirements of K.S.A. 61-2904 (which requires filing a written Answer to assert affirmative defenses under K.S.A. 60-208).

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Medical malpractice screening panel request

A screening-panel request must include a short statement identifying the alleged medical failures and injury or damages; a general allegation of negligence is insufficient, and the statement does not limit later allegations.

Any party filing a request for a medical malpractice screening panel shall file with the request: (a) A short statement explaining the basic medical failures alleged and the nature of the alleged injury. and/or damages. (That defendant was negligent or deviated from care generally is not sufficient. There must be some identification of the claimed injury and/or damages and some brief statement of the suspected departures from standard practice.) This statement shall not be binding or limit the plaintiff from other allegations which become known thereafter.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Notice of bankruptcy filing

The party must submit a copy of its Notice of Bankruptcy Filing in the relevant case.

Thus, when a party to a foreclosure action in this Court files for bankruptcy protection, the party shall, as soon as possible, but no later than ten (10) days thereafter, file with this Court and all parties to the litigation in this Court a copy of the party’s Notice of Bankruptcy Filing in the relevant case in this Court.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Medical malpractice screening panel request

Must include

proposed order

A screening-panel request must include a counsel-signed order ready for the court's signature authorizing release of medical records and x-rays, without requiring counsel's names.

Any party filing a request for a medical malpractice screening panel shall file with the request: (b) An order signed by counsel and ready for the court's signature authorizing the release of medical records and x- rays, etc. to the screening panel, the parties, and/or counsel for all named defendantsparties. (The names of counsel need not be specified as they will be unknown at that time.)

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Notice of dismissal

The notice of impending dismissal must substantially use the prescribed notice-and-order form, including the stated dismissal date and the opportunity to set a hearing or conference or show other cause.

2. Notice and Order of Dismissal. The notice of impending dismissal shall be substantially as follows: NOTICE AND ORDER The following casescase(s) will be dismissed without prejudice for lack of prosecution on the day of , 20 at o'clock .M., unless a hearing or conference is set on the court's calendar or other cause is shown in accordance with K.S.A. 60-241(b)(2).