Johnson County District Court Document Filing Requirements

CRITICAL

The transferee must identify the payee as the defendant using the payee’s full name.

2. 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

Motion

Do not submit a proposed order with a motion unless all counsel have signed it or both the motion and proposed order recite that all affected parties were consulted and do not object.

Proposed orders shall not be submitted along with motions, unless signed by all counsel, or 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

Applies to

Structured settlement protection act application

An application under the Structured Settlement Protection Act must state the payee’s name and capacity, whether the payee previously sought to sell payments from the same settlement, and specified details of any prior court-approved sale.

In any case filed in accordance with the Structured Settlement Protection Act (KSA 40-461 et seq.), the transferee shall, in addition to the requirements set forth in KSA 40-465, include the following information in the application: a. The name of the payee; b. whether the payee is acting on their own behalf as an individual or is acting in some representative capacity for another; c. whether the payee has sought to sell prior structured payments arising from the same structured settlement, and if “yes,”: i. an identification of the Court, case number, date of Court approval, aggregate amount of the total payments purchased, and gross purchase price/amounts paid and/or advanced under the agreement.

CRITICAL

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, a motion to modify a parenting plan, or upon the Court’s request.

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.

CRITICAL

Applies to

Pleading or other paper

Papers filed by out-of-state attorneys under Supreme Court Rule 116 must also bear the signature of 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

Temporary orders

The temporary parenting-time arrangement must state the schedule in as much detail as possible, exclude holidays unless imminent, and not simply refer to parenting-plan or bar-association guidelines.

The parents shall follow the temporary parenting time arrangement below, subject to minor alterations by agreement between the parties (set out the schedule in as much detail as possible, excluding holidays unless imminent; do not simply reference the parenting plan or bar association guidelines):

CRITICAL

Applies to

Pretrial order

[List appearances.]

[List appearances.]

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Court order

The court’s order must require attendance, direct payment of the fee, and use 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.

CRITICAL

Applies to

Filing

Must include

ai disclosure

Every litigant or counsel must place one of the two specified Generative A.I. certifications immediately before the filing party’s signature block; the A.I.-use certification requires identification of the tool and independent verification of citations and generated language.

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

Pretrial order

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.

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.

CRITICAL

Applies to

Pretrial order

a. [List any pending motions.] b. [List any motions a party intends to file prior to trial.]

a. [List any pending motions.] b. [List any motions a party intends to file prior to trial.]

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Service instruction form

The Service Instruction Form must give the complete service address, and a separate form is required for each person or entity unless they share an address.

The attorney or pro seself-represented litigant must clearly state the complete address of the person or entity service is to be made upon. A separate Service Instruction Form must be submitted for each person or entity to be served, unless service is at the same address.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Application

The application must be signed by the associated Kansas attorney to evidence review and approval.

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

CRITICAL

Applies to

Pro hac vice application

The application must have the out-of-state attorney's sworn and signed oath attached.

The out- of-state attorney has sworn to and signed the Out-of-State Attorney’s Oath, which is attached hereto.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Verified application

The out-of-state attorney’s signed oath must be attached to the application.

The out- of-state attorney has sworn to and signed the Out-of-State Attorney’s Oath, which is attached hereto.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Execution documents

Counsel and self-represented litigants must prepare orders of sale, publication notices, and the sheriff’s return for judicial sales.

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.

CRITICAL

Applies to

Application

The application must identify the payee, disclose whether the payee acts individually or representatively, and address prior sales of payments from the same settlement, including specified details if applicable.

1. In any case filed in accordance with the Structured Settlement Protection Act (KSA 40-461 et seq.), the transferee shall, in addition to the requirements set forth in KSA 40-465, include the following information in the application: a. The name of the payee; b. whether the payee is acting on their own behalf as an individual or is acting in some representative capacity for another; c. whether the payee has sought to sell prior structured payments arising from the same structured settlement, and if “yes,”: i. an identification of the Court, case number, date of Court approval, aggregate amount of the total payments purchased, and gross purchase price/amounts paid and/or advanced under the agreement.

CRITICAL

Applies to

Motion to admit out of state attorney pro hac vice

Must include

certificate of service

The motion and verified application must include a signed certificate showing service on all other counsel of record and the out-of-state attorney’s client.

(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

Redemption rights assignment

A paper claiming transferred redemption rights must be verified and state the defendant owner’s residence status and the consideration paid.

Any assignment, transfer or other paper filed that purports to claim redemption rights must be verified and reflect (1) the status of the defendant owner’s residence at the time of any assignment, (2) the actual consideration between the defendant owner and the assignee,

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Motion

Must include

proposed order

A motion to confirm a Sheriff’s sale must include the specified Sheriff’s Return of Sale, Itemization of Judgment, and a proposed order.

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

Medical malpractice screening panel request

A screening-panel request must include a list of relevant health care providers and professional licensees from the preceding five years, including hospitals, with full names and addresses when possible.

Any party filing a request for a medical malpractice screening panel shall file with the request: (c) A list of all health care providers or professional licensees who have provided services or rendered treatment to the plaintiff in connection with the claim within the preceding five years, including all hospitals where plaintiff received any treatment. To the extent possible, full names and addresses shall be provided.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Reference to prior pleading

A reference to a previously filed pleading must include that pleading’s DOCIndex number.

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

CRITICAL

Applies to

Redemption expense vouchers or receipts

Expenses included in a redemption amount must be evidenced by vouchers or receipts filed with the District Court Clerk and entered on the case appearance docket.

The defendant owner or assignee of redemption rights may redeem for the amount paid by the then current holder of the Certificate of Purchase including expenses incurred in accordance with K.S.A. 60-2414(a) and K.S.A. 60-2414(d), which expenses are evidenced by vouchers or receipts filed in the office of the Clerk of the District Court in accordance with K.S.A. 60-2414(d) and are entered on the appearance docket of the case.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Ex parte or temporary support order

The clerk must transmit copies of ex parte and temporary support orders and the required domestic relations affidavits to the trustee.

The clerk shall transmit to the trustee a copy of all ex parte and temporary orders for support and the domestic relations affidavits required by Supreme Court rule or Kansas child support guidelines.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Garnishment or summons papers

For those garnishment or summons papers, the first-named party is treated as plaintiff or petitioner and the second-named party as defendant or respondent for service.

For such papers the first named party in a petition shall be considered the plaintiff, or petitioner, and the second named party shall be considered the defendant, or respondent, for purposes of service.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Motion to admit out-of-state attorney

The moving attorney must remain actively engaged, attend every hearing, and sign papers filed for the client.

As the moving attorney, I hereby acknowledge my obligation to remain actively engaged in the conduct of the case, attend every hearing, and sign every pleading, document, brief, motion and other papers filed in this case on behalf of our client.

CRITICAL

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

CRITICAL

Applies to

Medical malpractice screening panel request

A screening-panel request must include a list of providers and professional licensees who treated the plaintiff in connection with the claim during the preceding five years, including hospitals, with full names and addresses to the extent possible.

(c) A list of all health care providers or professional licensees who have provided services or rendered treatment to the plaintiff in connection with the claim within the preceding five years, including all hospitals where plaintiff received any treatment. To the extent possible, full names and addresses shall be provided.

CRITICAL

Applies to

Notice and order of dismissal

The notice of impending dismissal must substantially follow the provided Notice and Order form.

The notice of impending dismissal shall be substantially as follows: NOTICE AND ORDER The following case(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).

CRITICALCivil casesProposed or draft document; may not be in force

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

Motion

A motion to shorten, extend, or extinguish the defendant owner’s redemption period under the cited statutes must be set for a nonappearance hearing.

Any motion to shorten, extend or extinguish the period of redemption of the defendant owner pursuant to K.S.A. 60- 2414(a) or 60-2414(m) shall be set for a “nonappearance” hearing

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Pretrial order

The plaintiff’s section should concisely state recovery theories and applicable negligence or contract 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 theory or claim.

[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

Domestic relations affidavit

The 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.

CRITICAL

Applies to

Pro hac vice application

The application must provide the applicant's admission jurisdictions, practice and good-standing status, and disciplinary history, with specified details if discipline or an investigation applies.

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).

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Guardian ad litem report

If the guardian ad litem locates heirs, the guardian ad litem must file a report of the search results.

If the guardian ad litem locates heirs at law, the guardian ad litem shall file a report of the results of the search

CRITICAL

Applies to

Change in counsel designation

A change in the responsible-attorney designation 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.

CRITICAL

Applies to

Pleadings documents briefs and appearances

The Kansas-licensed attorney must actively participate in the case, sign all pleadings, documents, and briefs, and attend all court or administrative appearances.

(Name of Kansas-licensed Attorney), an attorney who is regularly engaged in the practice of law in Kansas, and who is in good standing under all the applicable rules of the Supreme Court of the State of Kansas, moved for my admission pro hac vice. Said attorney shall be actively engaged in the conduct of the case; shall sign all pleadings, documents, and briefs; and shall be present throughout all court or administrative appearances.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Supplemental interrogatory answers

Supplemental answers are required if the responding party or counsel obtains further information after serving answers and before trial.

These Interrogatories shall be deemed continuing so as to require supplemental answers if you or your attorneys obtain further information between the time answers are served and the time of trial.

CRITICAL

Applies to

Motion to exceed page limit

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

Any motion to exceed page limitations must be submitted before submission of the brief and shall include a specific total page request.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Temporary restraining order

Requests for temporary restraining orders must use Domestic Form 1, subject to judicial approval of another form, and modifications require good cause and an explanation of all proposed changes.

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. 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.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Temporary order after hearing

Other temporary orders after a hearing in parentage or divorce cases must use Domestic Form 3, subject to judicial approval of another form, and substantive modifications require good cause and an explanation of all proposed changes.

Other temporary orders after hearing in paternityparentage or divorce cases shall use Domestic Form 3, with or without the restraining orders, unless a judge has specifically approved a different form. 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.

CRITICAL

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.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Final support order

Final support orders involving child or spousal support must include the specified Kansas Payment Center payment instructions and case-number identifier.

Each final support order containing orders of child support or spousal support shall include the following provisions: 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 digit alpha character-letter identifier for Johnson County (JO).

CRITICAL

Applies to

Pretrial order

The pretrial order must state total damages sought under each counterclaim theory or claim and separately itemize the damages.

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

Medical malpractice screening panel request

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

(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 parties. (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

Application for writ of assistance

The Court may grant a writ of assistance only upon a showing of entitlement to possession, which may be established by either of the two stated forms of proof.

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

Document exchange

Within 30 days of the order, the parties and counsel must schedule an in-person meeting to exchange the listed financial, parenting, insurance, daycare, and child-support documents.

3. Within 30 days from the date of this order, the parties and counsel (if a party is represented) 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: a. Complete signed and notarized Domestic Relations Affidavit (The parties shall not use the “short form” unless specifically authorized by the Court); b. 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; c. 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; d. Copies of all credit card statements (whether individual or joint accounts) for the past 6 months prior to filing date; e. Copies of all checking account statements (whether individual or joint accounts) for the past 6 months prior to filing date; f. Proposed Parenting Plan of each parent; g. 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; h. 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 i. A preliminary child support worksheet.

CRITICAL

Applies to

Judgment

Court costs must be listed separately and in accordance with K.S.A. 60 Article 20.

Court costs shall be set out separately and in accordance with K.S.A. 60 Article 20.

CRITICAL

Applies to

Assignment or transfer claiming redemption rights

A filed paper claiming redemption rights by assignment or transfer must be verified and state the owner’s residence status at assignment and the actual consideration exchanged.

Any assignment, transfer or other paper filed that purports to claim redemption rights must be verified and reflect (1) the status of the defendant owner’s residence at the time of any assignment, (2) the actual consideration between the defendant owner and the assignee

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Spousal support only order

Mandatory Income Withholding Language in Orders for Spousal Support Only. The following provision shall be contained in all orders wherein spousal support, and no child support, is ordered: :

Mandatory Income Withholding Language in Orders for Spousal Support Only. The following provision shall be contained in all orders wherein spousal support, and no child support, is ordered: :