Johnson County District Court Document Filing Requirements

CRITICAL

Applies to

Court order

A child who is part of a listed case may not testify or attend a hearing without prior permission granted by court order, and the order allowing attendance must be filed.

Additionally, Local Court Civil Rule 19 prohibits children who are part of a divorce, paternity, protection from abuse, or protection from stalking case from testifying or being present for a court hearing without prior permission from the Judge. This permission will only be granted by court order. Failure to comply with Local Court Rule 19 may result in sanctions for any attorney or party who brings a minor child who is part of a case to court, unless a court order has been filed which allows it.

CRITICAL

When both parties are represented and the agreed order involves child support, the parties must file an agreed child support worksheet, with a shared expense plan if applicable, and current fully completed domestic relations affidavits.

If both parties are represented by an attorney, an agreed parenting plan may be submitted without a hearing. If the agreed order involves child support. The parties must file an agreed child support worksheet (with shared expense plan if applicable), and current fully completed domestic relations affidavits.

CRITICALCivil cases

Applies to

Document exchange meeting

Within 30 days of the order, the parties and counsel for represented parties must schedule a personally attended meeting to exchange specified financial and parenting documents.

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: Complete signed and notarized Domestic Relations Affidavit (The parties shall not use the “short form” unless specifically authorized by the Court); Federal and State Income Tax Returns with all attachments and schedules for the most recent tax year, including, but not limited to W-2s, 1099s, 1098s, K-1s, Schedule C, Schedule E and any other schedules filed with the IRS; Copies of each payroll statement, pay stubs, pay advice (or equivalent documentation) for the past 12 months prior to the filing date from each employer from compensation was paid during the 12-month period, and the year-end pay stub (or equivalent documentation) for the calendar year that concluded prior to the filing of the action; Copies of all credit card statements (whether individual or joint accounts) for the past 6 months prior to filing date; Copies of all checking account statements (whether individual or joint accounts) for the past 6 months prior to filing date; Proposed Parenting Plan of each parent; Documentation confirming the cost and status of enrollment of employer provided medical, dental, vision and prescription insurance coverage for the party only, the party plus spouse (if applicable), and the party plus family (and/or party plus child(ren)) if offered. If any persons are covered by the policy other than the parties and their children together, the party shall disclose the first names and ages of all others covered by the policy; For the six (6) months prior to the filing of the petition, statements, or other proof of payment of all work-related daycare expenses paid by a party; and A preliminary child support worksheet.

CRITICAL

The submission must include a spreadsheet listing major assets and liabilities, their values, and their division when property is involved.

7. A spreadsheet of assets and liabilities listing all major assets, liabilities, their values, and how they are divided (if property is involved).

CRITICALCriminal cases

Applies to

Order appointing counsel

The appointment form requires counsel to select only one representation scope.

Counsel shall, therefore, undertake to represent said defendant as follows (select only one):

CRITICALCivil cases

Applies to

Temporary order after hearing

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

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

CRITICALCivil cases

Applies to

Temporary restraining order

A modified Domestic Form 1 may be submitted to the signing judge only for good cause with all proposed changes explained; inapplicable paragraphs may be struck.

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 cases

Applies to

Domestic relations affidavit

If spousal maintenance is at issue, each party must file an updated Domestic Relations Affidavit signed no earlier than seven days before the pretrial conference.

If spousal maintenance is an issue for trial, each party must complete and file an updated Domestic Relations Affidavit signed no earlier than seven days prior to the pre-trial conference.

CRITICALCivil cases

Applies to

Deposition designations

The parties must jointly prepare full deposition transcripts for the Court, mark agreed and objected-to portions in the specified colors, and state legal reasons for objections.

Deposition Designations. Parties shall provide the Court with copies of the full deposition transcript to support their proposed deposition designations. The transcripts shall be jointly prepared. The parties will identify their depositions as follows: Agreed upon portions: Highlighted in yellow. Plaintiff’s objections: Highlighted in Orange. Defendant’s objections: Highlighted in Red. The parties will provide a legal reason for such objections.

CRITICAL

Applies to

Entry of appearance

The respondent must file an Entry of Appearance onto the case.

Respondent is to file an Entry of Appearance onto the Case.

CRITICAL

Applies to

Proposed order

Proposed orders will be rejected if all required documentation is not provided.

Failure to provide all the required documentation will result in the rejection of proposed orders.

CRITICALCriminal cases

Applies to

Voucher

An Exceptional or Other case voucher must include an order signed by the judge.

Exceptional or Other case – must attach order signed by Judge

CRITICALCivil cases

Applies to

Expert designation

A party intending to call an expert or asserting an affirmative damages claim must designate the expert by the specified date and include the required identifying, subject-matter, opinion, and grounds information.

Any party that intends to call an expert witness at trial, and/or that has an affirmative claim for damages must designate an expert witness on or before _________________________________________. Such designation must include the name and business address of each expert witness. In addition, the designation must state the subject matter on which each designated expert is expected to testify, the substance of the facts and opinions of the expert and a summary of the grounds for each opinion.

CRITICAL

Applies to

Pretrial order

A single joint Pretrial Order must be submitted in cases tried to the Court unless the Court orders otherwise.

One (1) joint Pretrial Order is required to be submitted in all cases tried to the Court, unless the Court orders otherwise.

CRITICAL

Applies to

Consent and waiver form

Each party must sign a separate consent and waiver form.

Each party must sign a separate consent and waiver form.

CRITICALCivil cases

Applies to

Request for emergency order

Requests for emergency orders modifying final child custody or parenting arrangements must comply with K.S.A. 23-3219(b).

Requests for “emergency orders” modifying a final child custody or the parenting arrangements must comply with K.S.A. 23-3219(b).

CRITICALCriminal cases

Applies to

Voucher

The voucher includes counsel’s certification that the services are complete and counsel is entitled to compensation.

The undersigned counsel appointed herein does hereby certify that his/her services are completed in the above captioned matter and is entitled to compensation.

CRITICALCivil cases

Applies to

Expert designation

A retained expert’s prepared written report must accompany the designation, although the designation may refer to and incorporate a report containing the required information.

In addition to the designation, if the expert witness is a “retained” expert pursuant to K.S.A.60-226(b)(6)(B) and he/she has prepared a written report, such report must be provided along with the designation. If the written report contains the information contemplated by K.S.A. 60-226(b)(6)(A) &/or (B), the designation for that expert may simply refer to and incorporate the written report.

CRITICAL

Applies to

Ex parte temporary order request

Requests for only ex parte financial and property temporary orders should use Court-Approved Form 1.

If only ex parte financial and property temporary orders are being requested, use Court-Approved Form 1.

CRITICAL

Applies to

Child support worksheet

The petitioner must complete and file the Child Support worksheet onto the case.

Petitioner will need to complete and file the Child Support worksheet onto the case.

CRITICALCivil cases

Applies to

Jury instructions

The parties must submit one jointly prepared set of jury instructions, following the stated exchange process and including supporting law for non-PIK instructions.

Jury Instructions: A single set of jointly prepared jury instructions shall be submitted to the Court. Plaintiff will prepare the initial set and provide such to the Defendant. Defendant will respond with any objections, changes, or additions. If there are no changes to a particular jury instruction, the Court assumes it is agreed upon. If there are any non-PIK instructions, please include the law relied upon.

CRITICAL

Applies to

Consent and waiver form

Each party must sign a separate consent and waiver form.

Each party must sign a separate consent and waiver form

CRITICALCivil cases

Applies to

Discovery motion

A motion to compel must describe in particularity the communications or attempted communications to resolve the discovery dispute before filing.

Any such motion must recite with particularity, the communications or attempted communications aimed at resolving the discovery dispute prior to the filing of the motion.

CRITICAL

Applies to

Agreed parenting plan

The parties must complete an Agreed Parenting Plan.

Parties will need to complete the Agreed Parenting Plan.

CRITICAL

Applies to

Voucher

The voucher must identify the case type; otherwise, it will be returned and payment delayed.

You must check case type on voucher. If no case type is checked, the voucher will be returned, and payment will be delayed.

CRITICALCivil cases

Applies to

Pathway assignment sheet

The PAS must not contain personal identifiers.

must not contain personal identifiers;

CRITICALCivil cases

Applies to

Shared expense plan

The shared expense plan must be filed with a child support worksheet and an order approving both documents.

This plan must be filed with a child support worksheet and an order approving the child support worksheet and shared expense plan.

CRITICALCivil cases

Applies to

Pretrial order

The Petitioner must list all currently known fact witnesses intended for its trial case-in-chief; unlisted witnesses may not testify absent leave, but rebuttal- or impeachment-only witnesses need not be listed.

Petitioner lists (all currently-known) fact witnesses that it may use for its case-in-chief at trial below. Witnesses not listed will not be permitted to testify, absent leave of Court. Witnesses to be called solely for rebuttal or impeachment need not be listed.

CRITICALCivil cases

Applies to

Domestic relations affidavit

Divorce parties must use a complete signed and notarized Domestic Relations Affidavit; the short form is allowed only if the Court specifically authorizes it.

Complete signed and notarized Domestic Relations Affidavit (The parties shall not use the “short form” unless specifically authorized by the Court);

CRITICALCivil cases

Applies to

Pathway assignment sheet

Beginning April 1, 2023, a party must complete the PAS in the District Court-approved form and manner at the specified filing events, within 30 days after receipt of the initial pleading if no responsive pleading is filed, 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.

CRITICALCivil cases

Applies to

Proposed ex parte order

For substantial modifications to Court-approved forms, counsel must explain each proposed change and state good cause for it.

When submitting proposed ex parte orders that include substantial modifications to the Court-approved forms, counsel must explain the proposed changes stating good cause for each change.

CRITICAL

When one or both parties are unrepresented and the agreed order involves child support, the parties must file an agreed child support worksheet, with a shared expense plan if applicable, and current fully completed domestic relations affidavits.

If one or both parties are unrepresented by an attorney, an agreed parenting plan may be submitted for approval without a hearing if the parenting plan was completed with the assistance of a mediator, conciliator, parent coordinator or domestic case manager approved and qualified pursuant to Kan. Sup. Ct. Rules 901, et seq. If the agreed order involves child support. The parties must file an agreed child support worksheet (with shared expense plan if applicable), and current fully completed domestic relations affidavits.

CRITICAL

Applies to

Order approving agreed parenting plan or child support

The order approving an agreed parenting plan or agreed child support order must be signed by both attorneys of record.

- a. The order is signed by both attorneys of record;

CRITICAL

Applies to

Parentage case approval submission

A represented parentage case submitted for approval without a hearing must include the listed final order, affidavit, parenting plan, child-support materials, proof of program attendance, and—if property is involved—a signed property settlement agreement.

Parentage cases in which both parties are represented by an attorney may be submitted for approval without a hearing if the following documentation is submitted at least 24 hours before any scheduled hearing. 1. A final order signed by both attorneys of record. 2. A current, fully completed, Domestic Relations Affidavit. 3. A signed parenting plan. 4. An agreed child support worksheet (with a written shared expense plan if appropriate). 5. Proof of attendance in court ordered parent education program. 6. A signed property settlement agreement (if property is involved).

CRITICAL

Applies to

Domestic relations affidavit

The petitioner must file a Domestic Relations Affidavit onto the case.

Petitioner will need to file a Domestic Relations Affidavit onto the case.

CRITICAL

Applies to

Pretrial order

Self-represented parties must cooperate with opposing counsel to complete the Pretrial Order.

Self-represented parties must cooperate with opposing counsel to complete the Pretrial Order.

CRITICAL

Applies to

Divorce case submission

For a decree of divorce, submit the listed signed decree and agreements, parenting and support documents, affidavit, financial spreadsheet, and Parents Forever proof.

- a. a decree signed by both attorneys of record; - b. a signed property settlement agreement; - c. an agreed parenting plan; - d. an agreed child support worksheet; - e. a current, signed, fully completed, Domestic Relations Affidavit; - f. a spreadsheet of assets and liabilities (division of net worth); and - g. proof of Parents Forever for both parents.

CRITICAL

Applies to

Divorce with children approval submission

A represented divorce with children submitted for approval without a hearing must include all eight listed documents and proofs, including the child-support materials and proof of payment of applicable fees.

Divorces with children in which both parties are represented by an attorney may be submitted for approval without a hearing if the following documentation is submitted at least 24 hours before any scheduled hearing. 1. A decree of divorce signed by both attorneys of record. 2. A signed property settlement agreement. 3. A current, fully completed, Domestic Relations Affidavit. 4. A spreadsheet of assets and liabilities listing all major assets, liabilities, their values, and how they are divided. 5. A signed parenting plan. 6. An agreed child support worksheet (with a written shared expense plan if appropriate). 7. Proof of attendance in court ordered parent education program. 8. Proof of payment of all court fees (including parent education, alternative dispute resolution, and court services fees) and, if relevant, guardian ad litem or other similar court mandated fees.

CRITICALCivil cases

Applies to

Preliminary witness and exhibit list

The parties must file and serve a preliminary witness and exhibit list by the specified date; known witnesses or exhibits omitted from the list may be excluded at trial.

The parties shall file and serve on all other parties, a preliminary list of witnesses and exhibits on or before _________________________________________. Any witness known to a party as of this deadline who may be reasonably anticipated to be called as a witness and who is not listed may be excluded at trial. Similarly, exhibits that are not listed that are known to a party as of this deadline may be excluded at trial.

CRITICAL

Applies to

Notice of hearing

If either party is unrepresented, a hearing on the record with the parties present is required to finalize the matter, and the scheduler must file a Notice of Hearing and properly serve the other party.

***If one party or both parties are not represented by counsel, the Court requires a hearing on the record, which means in the courtroom, with the parties present in order to finalize the matter. The party or attorney scheduling the hearing must file a Notice of Hearing, and properly serve the other party.

CRITICAL

Applies to

Proof of notice

Proof of notice to the other party must be filed with the Court Clerk or available at the hearing.

Proof of notice to the other party must be filed with the Court Clerk or available at the hearing.