Johnson County District Court Document Filing Requirements

CRITICALCivil casesProposed or draft document; may not be in force

The plaintiff must diligently search for the titled owner’s heirs and inform the Court of the search results.

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

Motion to admit out-of-state attorney

Must include

certificate of service

The filing must include a signed certificate of service.

(Include a signed certificate showing service of the motion and verified application upon all other counsel of record in the case and upon the out-of-state attorney’s client.)

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Motion to exceed page limit

A motion to exceed page limitations must include a specific total page request.

Any motion to exceed page limitations must be submitted before submission of the brief and Formatted: Indent: Left: 0.64", First line: 0", shall include a specific total page request.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Authentication or certification

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

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

Pathway assignment sheet

The PAS must not contain personal identifiers.

b. must not contain personal identifiers;

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Applies to

Medical malpractice screening panel request

The provider list must include the plaintiff’s date of birth, which is subject to appropriate redaction in filed copies.

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

CRITICAL

Applies to

Motion and order to confirm sheriffs sale

The motion and order confirming a Sheriff’s sale must use the prescribed titles depending on whether a resulting deficiency is waived.

If the Sheriff’s sale results in a deficiency that is waived by the Motion and Order, they shall be titled “Motion to Confirm Sheriff’s Sale-Deficiency Waived” and “Order Confirming Sheriff’s Sale-Deficiency Waived.” If a deficiency results but is not waived the Motion and Order shall be titled: “Motion to Confirm Sheriff’s Sale-Deficiency” and “Order Confirming Sheriff’s Sale-Deficiency.”

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Factual statement

The required factual statement must include both parties’ residence, business address, and Social Security numbers.

The required factual statement shall include the residence, business address, and social security numbers of both parties.

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Applies to

Filing referencing prior pleading

Any reference to a previously filed pleading must include its record-of-appearance docket number (Index #).

Any reference to a prior pleading filed in the case shall include the pleading’s record of appearance docket number (Index #).

CRITICAL

Applies to

Filed paper

The signature block on every filed paper must include the signer’s email address.

KSA 60-211, as amended, requires that signature blocks on all filed papers include the signer’s e-mail address.

CRITICALCivil casesProposed or draft document; may not be in force

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

Motion

A motion to confirm a Sheriff’s sale must be supported by evidence of the property’s value to assist the court in determining whether fair value was obtained.

Any such motion shall be supported by appraisals, affidavits or other evidence demonstrating the value of the property to assist the court in determining that fair value has been obtained.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Order permitting withdrawal

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

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

CRITICAL

Applies to

Trial and 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.

CRITICAL

Applies to

Motion to admit out of state attorney pro hac vice

The motion must be accompanied by a verified application that the moving attorney has reviewed.

In support of the motion, the undersigned submits the non-refundable fee, together with the verified application of , which the undersigned has reviewed.

CRITICAL

Applies to

Notice of right to proceed

After obtaining relief from the automatic stay, the foreclosure plaintiff must file a Notice of Right to Proceed with either the stay-relief order or an affidavit explaining the basis for proceeding.

(b)(1) 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; or (2) 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 identify the disputed factual or mixed factual-and-legal issues to be resolved at trial.

These are the disputed issues of fact (or mixed questions of fact and law) that must be resolved at trial:

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Service application

The designated form must be signed before the clerk begins proceedings and must accompany every service application.

The attorney or pro seself-represented litigant must sign any form designated for that purpose before the clerk will commence proceedings and such form shall accompany all service applications.

CRITICAL

Applies to

Pretrial order

a. There are no objections to jurisdiction, venue, or propriety of parties. OR b. [State concisely all objections to jurisdiction, venue, or propriety of parties.]

a. There are no objections to jurisdiction, venue, or propriety of parties. OR b. [State concisely all objections to jurisdiction, venue, or propriety of parties.]

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Foreclosure decree

A foreclosure decree must state for each named defendant whether, when, and how the defendant was served, and whether the defendant answered or otherwise pleaded.

Any decree of foreclosure shall state for each named party defendant, whether they have been served with summons and process, if so, when and how, and whether each has answered or otherwise pled.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Designation change notice

A change in the designated attorney must be provided in writing to the court and all other parties.

Any change in designation shall be made to the court and all other parties in writing.

CRITICALCivil casesProposed or draft document; may not be in force

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 a certificate of service and notices about future proceedings, scheduled hearings, and future service of papers.

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)

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Verified application

The verified application must state the applicant’s jurisdictions of admission, active practice and good-standing status, and disciplinary history, with details if there has been disciplinary action or an investigation.

In support, the applicant shows the court that he/she is regularly admitted to the following bars and/or courts of record: (show all States and other jurisdictions where you are admitted to practice law); is regularly engaged in the practice of law in each such jurisdiction(s); is in good standing pursuant to the rules of the highest appellate court of such jurisdiction(s); and is not currently, nor has ever been the subject of a disciplinary action or a current disciplinary action under investigation, including but not limited to suspension or disbarment (if otherwise, please provide a detailed description of the nature and status of the action of investigation, as well as the address of the disciplinary authority in charge).

CRITICAL

Applies to

Execution on judgment

Counsel and self-represented litigants must provide the clerk or sheriff needed execution directions and information, prepare specified sale and publication documents, and prepare the sheriff’s return for judicial sales.

It shall be the responsibility of counsel and self-represented litigants to furnish to the clerk or to the sheriff any needed directions and information for the preparation, issuance, or taking of property or persons, or for the sale or other disposition of property, including the correct amount of the judgment and interest accrued. Counsel and self-represented litigants shall also be responsible for the preparation of all orders of sale and publication notices, including notices of suit and notices of sale, and shall prepare the sheriff's return for judicial sales.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Proposed order

A proposed order generally may not be submitted for execution before a required hearing, but may accompany a motion if one of the stated conditions is met.

Unless all affected parties agree to the order, see Civil Rule No. 8, 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. See Local Civil Civil Rule No. 8, ¶ 5.

CRITICAL

Applies to

Information form

For each new or modified support order other than an ex parte order, each party must file an information form in the trustee-specified format.

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

Divorce case mandatory information exchange

The parties must exchange the listed domestic-relations affidavit, financial and insurance records, parenting plan, daycare-expense proof, and preliminary child support worksheet; the affidavit short form requires specific Court authorization.

d. 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. Copies of all credit card statements (whether individual or joint accounts) for the past 6 months prior to filing date; v. Copies of all checking account statements (whether individual or joint accounts) for the past 6 months prior to filing date; vi. Proposed Parenting Plan; vii. 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; viii. 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 ix. A preliminary child support worksheet.

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Applies to

Final support order

Final support orders must include a provision requiring trustee enforcement and requiring each party to report specified changes in writing within 7 days.

IT IS FURTHER ORDERED that the District Court Trustee shall enforce the orders of support entered herein. Each party shall inform the District Court Trustee in writing of any change of name, residence, and employer (with business address) within 7 days after such change.

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Applies to

Pleading

Attorney-filed pleadings must identify the attorney’s registration number and represented party, and pleadings filed by a firm or multiple counsel must identify the responsible local attorney.

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. All pleadings filed by a law firm or by multiple counsel shall designate the responsible local attorney for purposes of notice.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Ex parte temporary child custody and support order

Requests for ex parte temporary child custody and support orders must use Domestic Form 2, subject to judicial approval of another form, and substantive modifications require good cause and an explanation of all proposed changes.

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 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.

CRITICAL

Applies to

Motion for default judgment

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);

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Domestic relations pretrial questionnaire

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

9. List all exhibits you intend to offer at trial. (NOTE: You must list all exhibits known to you at the time of the Pretrial Conference.)

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Domestic relations affidavit

The required affidavit must contain both parties’ residence, business address, and Social Security numbers.

The residence, business address, and social security numbers of both parties shall be contained in the affidavit.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Support or maintenance order

Support and maintenance orders must state the payment amount per pay period and first payment date; unless the order says otherwise, payments are scheduled for the first of each month.

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. Absent language to the contrary, the payment schedule shall be on the first of each month.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Journal entry judgment form

Unless the Judge directs otherwise, the Journal Entry/Judgment Form must be presented at the conclusion of the docket call.

Unless otherwise directed by the Judge, a Journal Entry/Judgment Form shall be presented to the Judge at the conclusion of the call of the docket.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Pretrial questionnaire

In domestic relations cases, each party should prepare and file a pretrial questionnaire in the format found in Appendix D (for divorce, separate maintenance, or annulment) or Appendix E (for paternity) to these rules. Unless otherwise ordered by the judge, this questionnaire must be filed and provided to the judge at the time of the final pretrial conference.

In domestic relations cases, each party should prepare and file a pretrial questionnaire in the format found in Appendix D (for divorce, separate maintenance, or annulment) or Appendix E (for paternity) to these rules. Unless otherwise ordered by the judge, this questionnaire must be filed and provided to the judge at the time of the final pretrial conference.

CRITICAL

Applies to

Domestic relations information exchange

The listed domestic-relations documents must be exchanged, including a complete signed and notarized affidavit; the short form may be used only if specifically authorized by the Court.

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. Copies of all credit card statements (whether individual or joint accounts) for the past 6 months prior to filing date; v. Copies of all checking account statements (whether individual or joint accounts) for the past 6 months prior to filing date; vi. Proposed Parenting Plan; vii. 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; viii. 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 ix. A preliminary child support worksheet.

CRITICAL

Applies to

Pretrial order

The pretrial order must identify the disputed legal issues to be resolved by the court.

These are the disputed issues of law that must be resolved by the court:

CRITICAL

Applies to

Foreclosure decree

A foreclosure decree must state for each named defendant whether, when, and how the defendant was served, and whether the defendant answered or otherwise pleaded.

Any decree of foreclosure shall state for each named party defendant, whether they have been served with summons and process, if so, when and how, and whether each has answered or otherwise pled.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Pleading

A pleading filed by a law firm or multiple counsel must designate the responsible local attorney for notice.

All pleadings filed by a law firm or by multiple counsel shall designate the responsible local attorney for purposes of notice.

CRITICAL

Applies to

Motion for leave to withdraw

Withdrawal is not permitted unless the litigant has been shown to have notice of pending hearings and that the case will proceed whether or not the litigant has 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.

CRITICAL

Applies to

Interrogatory answers

The interrogatory answers are to be verified under oath as true and correct based on personal knowledge, with the verification sworn before a notary.

of lawful age, being first duly sworn on his (her) oath, states: That he (she) is the plaintiff above-named, that he (she) has read the above and foregoing Interrogatories and that the answers thereto are true and correct, based upon his/her/its personal knowledge. Subscribed and sworn to before me this day of , 20 . Notary Public

CRITICAL

Applies to

Pretrial order

The pretrial order must state whether discovery is complete or identify a request to extend discovery and whether it was granted or denied.

a. Discovery has been completed. OR b. Plaintiff/Defendant/All parties request[s] that discovery be extended to [date]. That request is granted/denied.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Domestic relations pretrial questionnaire

Each attorney of record or pro se party must complete the relevant portions of the questionnaire.

This questionnaire must be completed by each attorney of record or pro se party. You need only complete those portions that are relevant to issues in controversy.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Proposed journal entry

Attorney fees and foreclosure costs or expenses in a proposed journal entry must be supported by the record; an affidavit may establish entitlement and the amount, reasonableness, and basis of 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.

CRITICAL

Applies to

Motion or order to confirm sheriffs sale

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

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

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Filed paper

The signature block on every filed paper must include the signer’s email address.

KSA 60-211, as amended, requires that signature blocks on Roman all filed papers include the signer’s e-mail address.

CRITICAL

Applies to

Spousal support only order

Every order for spousal support without child support must contain the specified income-withholding provision, subject to the stated arrearage and statutory-compliance conditions.

The following provision shall be contained in all orders wherein spousal support, and no child support, is ordered:: IT IS FURTHER ORDERED that all spousal maintenance payments shall be subject to income withholding but only if (a) there is an arrearage in the payment of maintenance in an amount equal to or greater than the amount of maintenance payable for two months and (b) there has been compliance with K.S.A. 23-3103(h).

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Filing

Must include

ai disclosure

All litigants or their counsel must place one of the specified Generative A.I. certifications immediately before the filing party’s signature block.

d. Effective upon the adoption of this Rule, all litigants and/or their counsel shall include and complete the following alternative certifications, which shall be placed immediately prior to the signature block for the filing party: □ [Pursuant to Local Rule 3.7, the undersigned hereby certifies that no portion of [Title of Document] was drafted/prepared using Generative A.I.] OR □ [Pursuant to Local Rule 3.7, the undersigned hereby certifies that Generative A.I. was used to draft/prepare [Title of Document]. Specifically, [Name of A.I. tool] was used, in whole or in part, to draft/prepare this submission. The undersigned further certifies that he/she has independently verified the accuracy of every citation to the law or to the record and that any language drafted by Generative A.I., including quotations, citations, paraphrased assertions, and/or legal analysis has been included and submitted after considering the requirements of KSA 60-211 and any applicable ethical rules governing attorneys.

CRITICAL

Applies to

Pro hac vice application

The associated Kansas attorney must review and approve the application, as evidenced by signing it.

The associated Kansas attorney has reviewed and approved this application as evidenced by also signing the same.