Johnson County District Court Document Filing Requirements

CRITICAL

Applies to

Notice of nonappearance hearing

The non-appearance hearing notice must state the hearing date, time, and place and include the prescribed language.

The notice shall include the date, time and place of the hearing and the following language: This is a non-appearance hearing. No party is required to appear, but any party may appear and object to the motion, or, prior to the scheduled hearing may, file written objection with the Clerk of the Court and mail a copy to the Judge and all other parties. If any party appears or files a written objection, the Court may set a further hearing to consider the motion and objection. If no party appears or objects, or any objection is found to be without merit, the motion may be granted.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Structured settlement protection act case

In a Structured Settlement Protection Act case, the transferee must identify the payee as the defendant using the payee’s full name.

In any case filed in accordance with the Structured Settlement Protection Act (KSA 40-461 et seq.), the transferee shall also specifically identify the payee as the defendant with his/her full name.

CRITICAL

Applies to

Pretrial order

Unlisted witnesses and exhibits not exchanged and marked as required may not be used at trial absent a court order based on substantial justification.

d. Witnesses not listed and exhibits not exchanged and marked as required by this order shall not be permitted to testify or to be received in evidence, respectively, absent Order of the Court and based upon substantial justification.

CRITICALCivil casesProposed or draft document; may not be in force

In a case with an in rem judgment, the motion or order confirming a Sheriff’s sale must use the specified in rem title.

A Motion or Order to Confirm a Sheriff’s Sale in a case in which the judgment is In RemshallRem shall be titled “Motion for Order Confirming Sheriff’s Sale – In Rem Judgment” or “Order Confirming Sheriff’s Sale – In Rem Judgment.”

CRITICAL

Applies to

Pro hac vice application

The application includes the applicant's acknowledgment that Kansas conduct standards and professional rules apply and that the applicant is subject to Kansas court orders and discipline.

(applicant’s name), acknowledges that he/she will be held to the standard of conduct of the State of Kansas, the Kansas Rules of Professional Conduct, and will be subject to the orders of, and amenable to disciplinary action by, the courts and administrative tribunals of the State of Kansas.

CRITICAL

Applies to

Authentication or certification

The clerk must use the specified K.S.A. 23-2704(b) caption style in authentications or certifications of divorce, separate-maintenance, and annulment matters.

In all authentications or certifications of divorce, separate maintenance and annulment matters, the clerk shall use the caption style provided in K.S.A. 23-2704(b), namely "In the matter of the marriage of and ."

CRITICAL

Applies to

Pro hac vice application

The application must list all Kansas pro hac vice admissions granted to the applicant within the preceding twelve months, if any.

The applicant was granted permission previously to appear PRO HAC VICE in the State of Kansas within the past twelve months; Case Name: , Case Number: , Court Where Granted: . (List all such admissions, if any)

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.

4. 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

Motion for leave to withdraw

Must include

proposed order

A motion for leave to withdraw must include a proposed order for the court.

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.

CRITICAL

Applies to

Final witness list

If the final witness lists have not already been filed, the parties must exchange and file them by the date specified in the pretrial order.

b. The parties will exchange and file their final witness lists by no later than [date].

CRITICAL

Applies to

Court notice

A plaintiff who learns that a foreclosure defendant is deceased must diligently search for the titled owner’s heirs and inform the Court of the search results.

If the plaintiff in a mortgage foreclosure action learns that the defendant is deceased, before or after filing the Petition or through subsequent pleading or motion, the plaintiff has a responsibility to conduct a good faith and due diligent search for the titled owner’s heirs at law and inform the Court of the results of its search.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Order

Must include

proposed order

A party seeking to set a conference or hearing must submit an order substantially in the form provided and file it before the noticed deadline.

5. Form of Motion and Order to Remove. 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:

CRITICAL

Applies to

Pretrial order

Compliance with the witnesses-and-exhibits provisions is required unless counsel agree otherwise, the court orders otherwise, or proper rebuttal applies.

e. Compliance with the provisions of this section of the Pretrial Order shall be required in all cases except by agreement of counsel, upon order of the Court, or in proper rebuttal.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Decree

The decree must state the total amount of the judgment.

the total amount of the judgment.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Motion

The facts supporting a motion concerning redemption must be supported by the record, which the Court may, in its discretion, allow to be provided by affidavit.

The facts on which the motion relies must be supported by the record which, in the Court’s discretion, may be provided by Affidavitaffidavit.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Motion for disbursement of redemption funds

Before approval of an order disbursing redemption funds, 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

Child support or child support and maintenance order

All child-support and child-support-and-maintenance orders must contain the specified immediate income-withholding provision unless the court makes the referenced statutory findings.

Mandatory Income Withholding Language in Child Support Orders. 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

Pro hac vice application

The application and its information must be complete, true, and correct under penalty of perjury, and the applicant must advise the court of changes to the provided information.

This application, the statements herein made and all information provided are complete, true and correct under penalty of perjury. I acknowledge that I have a continuing obligation to advise the court if a change occurs with regard to any information herein provided.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Proposed order

Proposed orders generally must not be submitted with motions, except when all counsel have signed or the motion and proposed order specifically recite that all affected parties were consulted and have no objection.

Proposed orders shall not be submitted along with motions, unless signed by all counsel, or, unless the motion and proposed order specifically recites that all affected parties have been consulted and have no objection to the motion.

CRITICALCivil casesProposed or draft document; may not be in force

When Domestic Court Services or the Johnson County Mental Health Department is appointed, counsel or self-represented parties must provide specified contact information for everyone receiving services.

If Domestic Court Services or the Johnson County Mental Health Department is appointed to provide services pursuant to this rule, counsel, or the parties if self-represented (pro se), shall provide the full names, addresses, telephone numbers (home and work) and email addresses for all the parties to whom services are provided.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Order

A foreclosure decree or other order setting a redemption period under 12 months or waiving redemption must state a reason supported by the record.

If a decree of foreclosure or other order determines the owner’s period of redemption to be less than twelve (12) months, or that the same is waived within the meaning of K.S.A. 60-2414(a), it shall state the reason which shall be supported by the record.

CRITICAL

Applies to

Investigation report

The investigator must provide the report to the court for dissemination to each party’s attorney of record.

3. Delivery of Report. A copy of the report shall be provided by the investigator to court for dissemination to the attorney of record for each party.

CRITICAL

Applies to

Pretrial order

For applicable counterclaims, the pretrial order must list the grounds of negligence or breach of contract relied upon.

For any counterclaims, list the grounds of negligence of breach of contract relied upon when applicable.

CRITICAL

Applies to

Withdrawal and substitution pleading

Substitution of admitted counsel requires no court order and may be accomplished by filing a pleading with the specified title signed by both attorneys.

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.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Notice of right to proceed

Alternatively, the party prosecuting the foreclosure must file a Notice of Right to Proceed with an attached affidavit explaining its basis to proceed against the debtor or other defendants.

In the alternative, the party prosecuting the foreclosure action in this Court shall file a Notice of Right to Proceed with an Affidavit attached explaining the basis of its right to proceed as to debtor/defendant(s) and/or any other defendant(s).

CRITICAL

Applies to

Pretrial order

The pretrial order must briefly state the legal theories supporting each defense, including affirmative defenses.

[Give a brief, concise statement of the legal theories relied upon for any defenses, including affirmative defenses.

CRITICAL

Applies to

Motion or judgment

A motion seeking interest or a judgment awarding interest must state the interest rate and amount.

When interest is sought in a motion, or awarded in a judgment, the interest rate and the amount of interest shall be stated.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Trial or post trial support order

The clerk must transmit trial and post-trial support orders, required domestic relations affidavits, and the required child support worksheet to the trustee.

The clerk shall transmit to the trustee a copy of all support orders entered at trial or in post-trial proceedings, together with the domestic relations affidavits required by Supreme Court rule, and the child support worksheet required by Kansas child support guidelines.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Notice of right to proceed

If a party prosecuting an action for foreclosure obtains relief from the automatic stay, that party shall notify this Court by filing a Notice of Right to Proceed and attach thereto a copy of the bankruptcy court order granting relief from the automatic stay;

If a party prosecuting an action for foreclosure obtains relief from the automatic stay, that party shall notify this Court by filing a Notice of Right to Proceed and attach thereto a copy of the bankruptcy court order granting relief from the automatic stay;

CRITICAL

Applies to

Entry of appearance

An attorney seeking individual electronic association with a case must file a separate signed entry of appearance containing that attorney’s current accessible email address; group or firm entries do not suffice.

Each attorney who desires to be electronically associated to a case, thereby enabling access to the records and receipt of electronic notifications from Odyssey/Centralized Case Management regarding the case, must file a separate signed entry of appearance. Group or law firm entries do not achieve the individual attorney association to the case. The entry must include the current accessible e-mail address for each attorney on the case.

CRITICAL

Applies to

Pretrial order

Counsel and self-represented parties must confer and attempt to prepare a joint pretrial order before the final pretrial conference.

In advance of the final pretrial conference counsel and self- represented parties shall confer and shall attempt to prepare a joint pretrial order.

CRITICAL

Applies to

Proposed journal entry

A proposed journal entry awarding attorney fees or foreclosure costs and expenses must be supported by the record; an affidavit may provide the support and must establish entitlement, amount, reasonableness, and basis for each item.

When any proposed journal entry includes judgment for attorney fees and/or the mortgagee’s costs or expenses of the foreclosure proceeding the fees, costs, and expenses shall be supported by the record. This support may be provided by affidavit, establishing (1) the mortgagee’s entitlement to and (2) the amount, reasonableness and basis of, each such item.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Notice of nonappearance hearing

The notice must state the hearing date, time, and place and include the prescribed non-appearance-hearing language.

The notice shall include the date, time and place of the hearing and the following language: This is a non-appearance hearing. No party is required to appear, but any party may appear and object to the motion, or, prior to the scheduled hearing may, file written objection with the Clerk of the Court and mail a copy to the Judge and all other parties. If any party appears or files a written objection, the Court may set a further hearing to consider the motion and objection. If no party appears or objects, or any objection is found to be without merit, the motion may be granted.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Eminent domain appraisers report and approval order

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 for the County Clerk’s tax records.

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. These copies will be provided to the County Clerk to update tax records.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Notice of lien claim

A party or counsel with knowledge of a lien against funds paid into or out of court 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

Pretrial order

In non-domestic cases, counsel and self-represented parties must confer and attempt to prepare a joint pretrial order in the Appendix C format; unresolved portions must be submitted together as clearly labeled separate proposals.

In advance of the final pretrial conference, in non- domestic cases, counsel and unrepresentedself-represented parties shall confer and shall attempt to prepare a joint pretrial order. The order shall be in the format found in Appendix C to these rules. If agreement cannot be reached on all portions of the proposed order, then a single submission shall be made containing separate proposals for the portions not agreed upon, clearly labeled to show which party has proposed what language.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Motion for leave to withdraw

Must include

proposed order

A motion for leave to withdraw must be accompanied by a proposed order for the court.

An attorney seeking to withdraw under Supreme Court Rule 117 must file and serve a motion for Roman leave to withdraw on all counsel of record, and provide a proposed order for the court.

CRITICAL

Applies to

Journal entry

A journal entry granting a motion after a non-appearance hearing must begin with the prescribed paragraph.

Every journal entry of a non-appearance hearing which grants the motion shall include as its initial paragraph the following language: On the ____ day of ______, 20___ _______________’s Motion for _________________ came on for a non-appearance hearing. There were no appearances or written objections filed. The requirements of Local Rule 34 were complied with. The motion is granted.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Pathway assignment sheet

A party must complete the PAS in the District Court-approved form and manner when filing the specified initial or responsive pleadings or parenting-plan modification motion, or when the Court requests it.

Effective April 1, 2023, a party will complete the Pathway Assignment Sheet (“PAS”) in the form and manner approved by the District Court: a. when filing an initial petition or request for Divorce, Determination of Parentage, Child Custody, or Non-Parent Visitation; b. when filing an answer or other responsive pleading thereto (or if no responsive pleading is filed, within 30 days of receipt of the initial pleading); c. when filing a motion to modify an existing parenting plan, or d. upon the Court’s request.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Journal entry judgment form

The plaintiff must determine the status of service of process and present a proposed Journal Entry/Judgment Form reflecting service, appearances, and the proposed judgment or disposition, if appropriate.

It is the responsibility of the plaintiff to determine the status of service of process and to present to the Judge a proposed Journal Entry/Judgment Form reflecting service, appearances, and the proposed Judgment or disposition to be entered, if appropriate.

CRITICAL

Applies to

Support or maintenance order

Support and maintenance orders must state the amount due per pay period and the date of the first payment.

All support or maintenance orders shall provide for payment on a monthly basis the amount to be paid per pay period, and the date by which the first payment shall be made.

CRITICAL

Applies to

Parentage information exchange

In parentage cases, the listed documents must be exchanged by the later of 60 days after filing or 45 days after service, subject to the stated case exclusions; no further order is required.

The documents listed below will be exchanged within 60 days of filing or 45 days of service in any parentage case, whichever is later. No further order is required. Unreasonable failure to voluntarily provide the listed information may result in sanctions including but not limited to attorney fees and costs incurred by the other party in obtaining the information. This rule does not apply to cases initiated by the State (IV-D programs) as an original action or pursuant to the Uniform Interstate Family Support Act (K.S.A. 23- 3601 et seq.), the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act (60-31b01 et seq.), or as otherwise permitted by law. 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

Motion

Facts supporting a motion to shorten, extend, or extinguish the redemption period must be supported by the record; the Court may allow an affidavit to provide that support.

The facts on which the motion relies must be supported by the record which, in the Court’s discretion, may be provided by affidavit.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Entry of appearance

Each attorney seeking electronic association with a case must file an individual signed entry of appearance containing that attorney’s current accessible email address; group or firm entries do not suffice.

Each attorney who desires to be electronically associated to a case, thereby enabling access to the records and receipt of electronic notifications from JIMSOdyssey/Centralized Case Management regarding the case, must file a separate signed entry of appearance. Group or law firm entries do not achieve the individual attorney association to the case. The entry must include the current accessible e-mail address for each attorney on the case.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Motion for leave to withdraw

Withdrawal is not permitted unless there is a showing that the litigant was notified of pending hearings and that the case will proceed with or without counsel.

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.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Pretrial order

The defendant’s section should concisely state defenses, including affirmative defenses, and applicable counterclaim grounds; in jury cases, it should include facts sufficient to support a P.I.K. 106.01 instruction and state and itemize damages for each counterclaim theory or claim.

[Give a brief, concise statement of the legal theories relied upon for any defenses, including affirmative defenses. For any counterclaims, list the grounds of negligence of breach of contract relied upon when applicable. 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 being pursued in a counterclaim; separately provide an itemization of the damages.]

CRITICAL

Applies to

Final support order

Final support orders must include the prescribed Kansas Payment Center payment provision and require each payment to identify the case number with the Johnson County prefix “JO.”

IT IS FURTHER ORDERED that all support and maintenance payments shall be made payable to the order of the Kansas Payment Center P. O. Box 758599, Topeka, Kansas 66675-8599, www.kspaycenter.com. Each payment must include the Court Order Number (case number) preceded by the two-letter identifier for Johnson County (JO).

CRITICAL

Applies to

Certificate

The clerk must file an appropriate certificate in each dismissed case showing compliance with the notice order.

and shall file an appropriate certificate in each case dismissed showing compliance with this order.

CRITICAL

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 negligence allegation is insufficient, and the statement does not limit later allegations.

(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.

CRITICAL

Applies to

Order permitting withdrawal

An order permitting an attorney to withdraw must substantially follow the prescribed form.

3. An order permitting withdrawal of an attorney shall be substantially in the following form: