Johnson County District Court Document Filing Requirements

CRITICALCivil cases

Applies to

Domestic relations affidavit

The Domestic Relations Affidavit must be completed as fully as possible and will not be accepted if it is not substantially complete.

The DRA must be completed as fully as possible. A DRA that is not substantially complete will not be acceptable.

CRITICAL

Applies to

Pretrial order

Counsel must email the proposed Pretrial Order to the Division 11 Administrative Assistant by noon on the Friday before the conference, and Petitioner/Plaintiff must submit it in Word format.

Counsel must file and submit the proposed Pretrial Order into the Division 11 via email to the Division 11 Administrative Assistant in advance of the scheduled pretrial conference no later than noon on the Friday prior to the conference. The proposed Pretrial Order must be submitted by Petitioner/Plaintiff in Word format.

CRITICALCivil cases

Applies to

Asset and debt division spreadsheet

The parties must work together to submit one asset and debt division spreadsheet seven days before trial; failure may result in a continuance.

The parties will work together to submit one (1) asset and debt division spreadsheet to the Court seven (7) days prior to trial. Failure to submit the asset and debt division spreadsheet to the Court may result in a continuance of the final trial.

CRITICALCivil cases

Applies to

Case management order

Parties may add agreed case-management terms, but must retain the form’s standard language and mark inapplicable sections in the deadline space.

NOTE TO PARTIES COMPLETING THIS FORM: You may add any additional case management terms and deadlines agreed upon by the parties. However, do not delete any standard language in the form. If sections are not applicable to your case, mark them as not applicable in the space provided for a deadline date.

CRITICALCivil cases

Applies to

Motion for leave to withdraw

Withdrawal will not be permitted unless the litigant has been notified 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.

CRITICALCivil cases

Applies to

Agreed order

If the parties stipulate to expedited trial procedures, they must file a separate agreed order before trial.

The parties [do or do not] stipulate to the use of expedited trial procedures. If yes, a separate agreed order for the procedure to be used will be filed before trial.

CRITICALCivil cases

Applies to

Motion for leave to withdraw

Must include

proposed order

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

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.

CRITICALCivil cases

Applies to

Emergency order request

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).

CRITICALCivil cases

Applies to

Ex parte temporary order

Parties requesting ex parte temporary child-custody and support orders must use Domestic Form 2, with or without restraining orders, unless a judge approves a different form.

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.

CRITICALCivil cases

Applies to

Pretrial order

The parties must jointly prepare a draft pretrial order using the court-provided form.

The parties shall jointly prepare a draft pretrial order in the form provided by the court (see Division 1 webpage).

CRITICAL

Applies to

Fax filing

Fax: Please complete the FAX COVERSHEET/PAYMENT SLIP using the link.

Fax: Please complete the FAX COVERSHEET/PAYMENT SLIP using the link.

CRITICALCivil cases

Applies to

Civil cover sheet

An incomplete civil cover sheet may cause proposed ex parte orders to be automatically rejected.

Failure to complete the civil cover sheet may cause proposed ex parte orders to be automatically rejected.

CRITICAL

Applies to

Filed paper

Signature blocks on all filed papers must include the signer’s e-mail address.

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

CRITICALCivil cases

Applies to

Substitution of counsel pleading

Counsel admitted to practice in the court may substitute without a court order by filing a pleading with the specified title signed by both the withdrawing and substituted 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 cases

Applies to

Updated domestic relations affidavit

If spousal maintenance is at issue, each party must file an updated, timely signed Domestic Relations Affidavit; the short form requires advance court authorization.

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. The “short form” shall not be used unless specifically authorized by the Court in advance of the pretrial conference.

CRITICALCivil cases

Applies to

Motion for leave to withdraw

Must include

certificate of service

The motion must substantially follow the prescribed form, including notice that proceedings may continue without counsel, instructions to appear personally if no other counsel is retained, and information about scheduled hearings and future mailed notices.

A motion for leave to withdraw under Supreme Court Rule 117 shall be substantially in the following form:

CRITICAL

Applies to

Domestic relations affidavit

If either or both parties are unrepresented, both parties must complete a Domestic Relations Affidavit.

If one or both parties are unrepresented, both parties must complete a Domestic Relations Affidavit.

CRITICAL

Applies to

Fax filing requiring payment

Fax filings requiring payment must include the completed fax coversheet/payment slip.

Please complete the FAX COVERSHEET/PAYMENT SLIP using the link. Fax the DOCUMENTS you need to file and the FAX COVERSHEET/PAYMENT SLIP to: 913-715-3405

CRITICALCivil cases

Applies to

Proposed temporary order

Proposed temporary orders must comply with Local Rule 25 and use court-approved forms to avoid possible immediate rejection.

All proposed temporary orders must comply with Local Rule 25. Please use the court approved forms. Failure to use the approved form risks immediate rejection.

CRITICALCivil cases

Applies to

Domestic relations affidavit

The Domestic Relations Affidavit must be completed as fully as possible and substantially complete, and it must be signed.

The DRA must be completed as fully as possible. A DRA that is not substantially complete will not be acceptable. An unsigned DRA is not acceptable.

CRITICAL

Applies to

Parentage case submission

A parentage case submission must include the listed order, plan, worksheet, affidavit, and Parents Forever proof, plus the property documents if property is involved.

For a Parentage case: an order signed by both attorneys of record; an agreed parenting plan; an agreed child support worksheet; a current, signed, fully completed, Domestic Relations Affidavit; a signed property settlement agreement (if property is involved); a spreadsheet of assets and liabilities (division of net worth) (if property involved); and proof of Parents Forever attendance for both parents.

CRITICALCivil cases

Applies to

Request for ex parte support order

A request for an ex parte support order must include a Domestic Relations Affidavit and a Child Support Worksheet.

Requests for ex parte orders of support must be accompanied by a Domestic Relations Affidavit and a Child Support Worksheet.

CRITICAL

Applies to

Decree of divorce submission

A decree of divorce submission must include all listed signed agreements, worksheets, affidavit, asset-and-liability spreadsheet, and Parents Forever proof.

For a Decree of Divorce: a decree signed by both attorneys of record; a signed property settlement agreement; an agreed parenting plan; an agreed child support worksheet; a current, signed, fully completed, Domestic Relations Affidavit; a spreadsheet of assets and liabilities (division of net worth); and proof of Parents Forever for both parents.

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.

CRITICALCivil cases

Applies to

Proposed ex parte order

Counsel submitting a proposed ex parte order with substantial changes to an approved form must explain each 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. See Local Rule 25

CRITICALCivil cases

Applies to

Order permitting withdrawal

Must include

certificate of service

The withdrawal order must substantially follow the prescribed form, including hearing information and notice of how future hearing notices may be served on the former client, subject to stated exceptions.

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

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

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

Temporary restraining order

Parties requesting temporary restraining orders must use Domestic Form 1, separately or with Domestic Form 2 or 3, unless a judge approves a different form.

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.

CRITICALCivil cases

Applies to

Temporary order after hearing

Other temporary orders after a hearing in parentage or divorce cases must use Domestic Form 3, with or without restraining orders, unless a judge approves a different form.

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

CRITICALCivil cases

Applies to

Financial document exchange

The parties and counsel must arrange a personally attended financial-document exchange meeting within 30 days of the Order, including the listed financial records and parenting and child-support documents.

Within 30 days from the date of this Order, the parties and counsel 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;

CRITICALCivil cases

Applies to

Pretrial order

An agreed pre-trial order. The parties must comply with Johnson County District Court Local Rule 13.

An agreed pre-trial order. The parties must comply with Johnson County District Court Local Rule 13.

CRITICALCivil cases

Applies to

Proposed journal entry

A moving party may not provide a proposed journal entry unless all counsel sign it or the motion specifically states that all counsel were consulted and agree to its relief.

The moving party shall not provide a proposed journal entry relating to the motion filed, unless the journal entry is signed by all counsel of record in the case, or, the motion recites specifically that all counsel of record have been consulted, and that they agree to the relief granted in the proposed journal entry.

CRITICALCivil cases

Applies to

Motion

The parties must comply with Johnson County District Court Local Rule 8.

The parties must comply with Johnson County District Court Local Rule 8.

CRITICALCivil cases

Applies to

Expert witness designation

A party asserting an affirmative damages claim must designate an expert by the date specified and include the required identifying and opinion information, with a retained expert’s prepared report unless the designation incorporates a report containing that information.

Any party with an affirmative claim for damages must designate an expert witness on or before the ___ day of ______________, 20_­­__. 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. 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.

CRITICALCivil cases

Applies to

Dispositive motion and response

A dispositive motion and any response must comply with Kansas Supreme Court Rule 141 or they will not be considered.

Such motion and any response thereto, must be in compliance with Kansas Supreme Court Rule 141, or it will not be considered.

CRITICALCivil cases

Applies to

Pretrial order

Witnesses not listed and exhibits not exchanged and marked as required by the order may not testify or be admitted into evidence.

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.

CRITICALCivil cases

Applies to

Pretrial order

Compliance with the witness-and-exhibit provisions is required unless counsel agree otherwise, the court orders otherwise, or the matter is proper rebuttal.

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

CRITICALCivil cases

Applies to

Pretrial order

The Petitioner should list fact witnesses; unlisted witnesses generally may not testify without leave of court, but rebuttal- or impeachment-only witnesses need not be listed.

Petitioner lists fact witnesses for 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. Petitioner’s witnesses:

CRITICALCivil cases

Applies to

Expert witness designation

With each expert designation, counsel must provide at least two dates when the expert is available for deposition within 30 days after service of the designation.

Along with the designation of expert witness, counsel must provide at least two dates that each identified expert is available to have his/her deposition taken within 30 days of the service of the expert designation.

CRITICAL

Applies to

Motion to withdraw

Every motion to withdraw must have a hearing date, and notice must be sent to all parties.

Any and all motions to withdraw must have a hearing date and notice sent to all parties.

CRITICALCivil cases

Applies to

Exhibits

Exhibits must be marked with exhibit stickers by the court reporter or counsel no later than five days before trial.

a. All exhibits shall be marked by the court reporter or by counsel with exhibit stickers by no later than five days before the trial date.

CRITICALCivil cases

Applies to

Final witness and exhibit list

The parties must include specific final witness and exhibit lists in the pretrial order and e-file each list with the Court; catch-all descriptions are not accepted.

The parties shall include a final list of witnesses and exhibits, in the Pre-Trial Order and each list shall be e-filed with the Court. The final witness and exhibit list must be specific. The Court will not accept catch-all phrases like any witness identified during the course of discovery or any and all documents produced in response to a request for production of documents is and will be stricken.

CRITICALCivil cases

Applies to

Stipulated jury instructions

The plaintiff must provide the Court with all stipulated jury instructions.

The plaintiff shall provide to the Court all stipulated jury instructions.

CRITICALCivil cases

Applies to

Case management order

The order’s existing wording may not be changed; additional wording or orders require the Court’s permission and must be entered in paragraph 11.

NO CHANGES TO BE MADE TO THE CURRENT WORDING OF THIS ORDER. ANY ADDITIONAL WORDING, OR ORDERS, MUST BE ENTERED INTO PARAGRAPH 11 WITH THE COURT’S PERMISSION.

CRITICALCivil cases

Applies to

Jury instructions

Each party must provide the Court with its requested jury instructions that are not stipulated.

Each party shall provide to the Court any jury instructions requested by that party that are not stipulated.

CRITICALCivil cases

Applies to

Rebuttal expert witness designation

A party seeking to call a rebuttal expert must identify and designate the expert by the specified date with the required identifying and opinion information, and provide or incorporate a prepared retained-expert report as stated.

Any party that wishes to call a rebuttal expert witness to testify at trial must identify such expert witness on or before the ___ day of ___________, 20___. Such designation must include the name and business address of each rebuttal 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. 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.

CRITICALCivil cases

Applies to

Preliminary witness and exhibit list

The parties must file and serve a preliminary witness and exhibit list by the date specified in the order.

The parties shall file and serve on all other parties, a preliminary list of witnesses and exhibits on or before the ____ day of __________________, 20__.

CRITICALCivil cases

Applies to

Motion

Most motions must state counsel’s consultation attempts, their results, and whether opposing counsel agrees to the requested relief; the listed motion types are excepted.

Any motion (other than a motion to dismiss, motion for judgment on the pleadings, motion for summary judgment or motion to compel) must contain a statement that counsel for the moving party has attempted to consult with opposing counsel, the result of those attempts, and whether or not opposing counsel agree(s) to the relief sought in the motion.

CRITICALCivil cases

Applies to

Pretrial order

If the parties cannot agree on a pretrial order, all counsel must appear personally with their version of the order and laptops.

If you cannot come up with an agreed pre-trial order, all counsel will need to make a personal appearance with their version of a pre-trial order and laptops).