Johnson County District Court Filing Timing and Cure Windows

CRITICAL

A motion to exceed a page limit must be submitted before the brief and must state the 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.

CRITICAL

Withdrawal does not become effective until an order authorizing it is filed.

Withdrawal shall not be effective until an order authorizing withdrawal is filed.

WARNING

No more than two garnishments may be issued on the same claim or claims against the same judgment debtor in any 30-day period, unless a judge grants an exception after the required certification and factual showing.

Except as provided in this rule, no more than two garnishments shall be issued out of this court applicable to the same claim or claims and against the same judgment debtor in any 30-day period. A judge of this court may order an exception to this rule in any case in which the party seeking the garnishment shall in person or by attorney: (a) certify that the garnishment is not for the purpose of harassment of the debtor, and (b) state facts demonstrating to the satisfaction of the judge that there is reason to believe that the garnishee has property or credits of the debtor that are not exempt from execution.

INFOCivil casesProposed or draft document; may not be in force

The court may submit lists of cases subject to dismissal for lack of prosecution to the clerk each March and September.

Each year during March and September, the court may submit to the clerk of the district court lists of cases subject to dismissal for lack of prosecution.

CRITICALCivil casesProposed or draft document; may not be in force

A party has 14 days after the order denying rehearing is filed to request a review hearing before the assigned District Judge.

The moving party shall have 14 days following the filing of an order denying rehearing to request a review hearing before the assigned District Judge.

CRITICAL

If no responsive pleading is filed, the PAS must be completed within 30 days after receipt of the initial pleading.

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);

CRITICAL

The order to remove a case from the dismissal list must be filed before the noticed deadline.

If the party desires to set the case for conference or hearing, the party must submit an order substantially in the form found below and the order must be filed prior to the noticed deadline:

CRITICAL

The Hearing Officer must grant or deny a rehearing motion within 14 days after it is filed.

A motion for rehearing shall be summarily granted or denied by the Hearing Officer within 14 days of the filing of the motion.

CRITICAL

After requesting review of a recorded hearing, the requesting party must request a transcript within 30 days; failure to timely obtain it results in dismissal for lack of prosecution.

If the hearing was recorded, counsel or the unrepresented party requesting review by the assigned District Court Judge will request a transcript of the hearing within thirty days of filing the request for review. If a transcript is not timely obtained, the motion will be dismissed for lack of prosecution pursuant to K.S.A. 60-241(b)(2).

CRITICALCivil casesProposed or draft document; may not be in force

The proposed Findings of Fact and Conclusions of Law are due by the start of trial, unless the judge orders otherwise.

Note: Unless otherwise ordered by the judge, you are required to file proposed Findings of Fact and Conclusions of Law by the start of trial.

CRITICAL

If the debtor fails to file the bankruptcy notice, the party prosecuting the foreclosure must file it with the Court within a reasonable time after receiving notice from the bankruptcy court.

The party prosecuting the foreclosure action shall file the Notice of Bankruptcy Filing with this Court, within a reasonable time after receipt of the notice from the bankruptcy court, if the debtor fails to do.

CRITICALCivil casesProposed or draft document; may not be in force

For a hearing with no available transcript or audio recording, a party must file a written motion requesting rehearing or review within 14 days after the judgment is filed to prevent the order from becoming final.

An order of the hearing officer whichfollowing a hearing for which no transcript is available or for which no audio recording was made, after it is approved by a judge of the District Court and filed with the clerk, shall become a final judgment of the District Court unless a party requests either (1) a rehearing before the hearing officer or (2) a review hearing before the District Judge pursuant to Supreme Court Rule 172(h). The request shall be by written motion filed within 14 days of the filing of the judgment

CRITICAL

The movant must obtain a review hearing date within 30 days after filing the de novo review motion, or the motion will be dismissed for lack of prosecution.

Within 30 days after filing the motion for a de novo review hearing, the movant shall obtain from the court a date for the review hearing. If a hearing date is not timely obtained, the motion will be dismissed for lack of prosecution pursuant to K. S.A. 60-241(b)(2).

CRITICALCivil casesProposed or draft document; may not be in force

If the debtor does not file the bankruptcy notice, the party prosecuting the foreclosure must file it with the Court within a reasonable time after receiving the bankruptcy court’s notice.

The party prosecuting the foreclosure action shall file the Notice of Bankruptcy Filing with this Court, within a reasonable time after receipt of the notice from the bankruptcy court, if the debtor fails to do.

CRITICAL

A moving party has 14 days after the order denying rehearing is filed to request a review hearing before the assigned District Judge.

The moving party shall have 14 days following the filing of an order denying rehearing to request a review hearing before the assigned District Judge.

CRITICAL

Unless the judge orders otherwise or specifies another deadline, the agreed order or agreed portions and separate proposals must be provided to the court by the pretrial conference.

Unless otherwise ordered by the judge, the agreed pretrial order or the proposed order containing those portions agreed upon and each party's separate proposals for the remainder must be provided to the court by the time of the pretrial conference, unless some other deadline is otherwise specified by the assigned judge.

CRITICALCivil casesProposed or draft document; may not be in force

Exhibits must be marked no later than five days before trial.

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 casesProposed or draft document; may not be in force

The pretrial questionnaire must be filed and provided to the judge at the final pretrial conference unless the judge orders otherwise.

Unless otherwise ordered by the judge, this questionnaire must be filed and provided to the judge at the time of the final pretrial conference.

CRITICALCivil casesProposed or draft document; may not be in force

After appearing on an Answer Date and entering a general denial, the defendant must file a Written Answer with the Court Clerk within 14 days from that date.

If the defendant appears on an Answer Date and enters a general denial, the defendant shall file with the Court Clerk a Written Answer within 14 days from the Answer date and provide a copy to plaintiff (or plaintiff’s attorney) per K.S.A. 61-2904.

CRITICAL

A party must provide the trustee updated information within 7 days after a change of name, address, or employment.

Each party shall provide updated information to the trustee within 7 days following a change of name, address, or employment.

CRITICAL

Each party must notify the trustee in writing of a change of name, residence, or employer and its business address within 7 days after the change.

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.

CRITICAL

If the Kansas statutes and Kansas Supreme Court rules do not clearly set a response deadline, the response is due 14 days after service of the motion.

If a motion is filed and the deadline for filing a response to such motion is not clearly set forth in either the Kansas statutes or the Kansas Supreme Court rules, the deadline for filing a response shall be 14 days after service of the motion.

CRITICAL

A request for review using the recording instead of a transcript must be made by motion within 14 days of filing the hearing officer’s judgment.

Any request for review upon the recording (instead of a transcript) must be made by motion when requesting review as set forth in subsection A above (within 14 days of the filing of the hearing officer’s judgment).

CRITICAL

Deadline

48 hours

A party placed in custody for contempt is entitled, upon request, to a District Court Judge hearing within 48 hours.

Any party placed in custody as punishment for the contempt shall be entitled, upon request, to a hearing before a District Court Judge within 48 hours thereafter.

CRITICALCivil casesProposed or draft document; may not be in force

The agreed pretrial order, or the agreed portions and each party’s separate proposals, must be provided to the court by the pretrial conference unless the judge orders otherwise or specifies another deadline.

Unless otherwise ordered by the judge, the agreed pretrial order or the proposed order containing those portions agreed upon and each party's separate proposals for the remainder must be provided to the court by the time of the pretrial conference., unless some other deadline is otherwise specified by the assigned judge.

CRITICALCivil casesProposed or draft document; may not be in force

If no responsive pleading is filed, the PAS must be completed within 30 days of receipt of the initial pleading.

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);

CRITICALCivil casesProposed or draft document; may not be in force

A motion to exceed the page limit must be submitted before the brief and state the requested total page count; the court may rule on it without waiting for another party to respond.

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. Such motions may be ruled upon without waiting for Numbered + Level: 2 + Numbering Style: a, b, c, … + a response from any other party.

CRITICAL

The requesting party must transmit the full transcript and all admitted exhibits to the District Court within 14 days after the transcript is completed.

The unrepresented party or counsel requesting review will transmit to the District Court the full transcript and all admitted exhibits within 14 days of the completion of the transcript.

CRITICALCivil casesProposed or draft document; may not be in force

A party to a foreclosure action that files for bankruptcy protection must file a copy of its bankruptcy notice with the Court and all litigation parties as soon as possible, and no later than ten days afterward.

Thus, when a party to a foreclosure action in this Court files for bankruptcy protection, the party shall, as soon as possible, but no later than ten (10) days thereafter, file with this Court and all parties to the litigation in this Court a copy of the party’s Notice of Bankruptcy Filing in the relevant case in this Court.

CRITICALCivil casesProposed or draft document; may not be in force

A request for rehearing or review under the transcript-available procedure must be filed by written motion within 14 days of the judgment filing.

The request shall be by written motion filed within 14 days of the filing of the judgment and served on counsel for all parties, on all pro se parties, and on the trusteeunrepresented parties, and on the trustee.

CRITICALCivil casesProposed or draft document; may not be in force

A request to have the recording reviewed instead of a transcript must be made by motion when requesting review, within 14 days after the hearing officer’s judgment is filed.

Any request for review upon the recording (instead of a transcript) must be made by motion when requesting review as set forth in subsection A above (within 14 days of the filing of the hearing officer’s judgment).

CRITICAL

A party in a foreclosure action who files for bankruptcy protection must file a copy of the bankruptcy notice with the Court and all litigation parties as soon as possible and no later than 10 days afterward.

Thus, when a party to a foreclosure action in this Court files for bankruptcy protection, the party shall, as soon as possible, but no later than ten (10) days thereafter, file with this Court and all parties to the litigation in this Court a copy of the party’s Notice of Bankruptcy Filing in the relevant case in this Court.

CRITICALCivil casesProposed or draft document; may not be in force

The order to set a conference or hearing must be filed before the noticed deadline.

5. Form of Motion and Order to Remove. If the party desires to set the case for conference or hearing, the party must submit an order substantially in the form found below and the order must be filed prior to the noticed deadline:

CRITICALCivil casesProposed or draft document; may not be in force

If neither Kansas statutes nor Kansas Supreme Court rules clearly set a response deadline, the response is due 14 days after service of the motion.

If a motion is filed and the deadline for filing a response to such motion is not clearly set forth in either the Kansas statutes or the Kansas Supreme Court rules, the deadline for filing a response shall be 14 days after service of the motion.

CRITICALCivil casesProposed or draft document; may not be in force

After the District Court denies the request, the party has 14 days to request the transcript, unless otherwise ordered.

the District Court denies the request, the party requesting review will have 14 days to request the transcript unless otherwise ordered.

CRITICAL

If the District Court denies a request to review the recording, the party has 14 days to request a transcript, unless the court orders otherwise.

If the District Court denies the request, the party requesting review will have 14 days to request the transcript unless otherwise ordered.

CRITICALCivil casesProposed or draft document; may not be in force

The movant must obtain a review-hearing date within 30 days after filing the motion, or the motion will be dismissed for lack of prosecution.

Within 30 days after filing the motion for a de novo review hearing, the movant shall obtain from the court a date for the review hearing. If a hearing date is not timely obtained, the motion will be dismissed for lack of prosecution pursuant to K. S.A. 60-241(b)(2).

CRITICALCivil casesProposed or draft document; may not be in force

In parentage cases, the listed documents must be exchanged by the later of 60 days after filing or 45 days after service; no further order is required, and the stated State-initiated cases are excluded.

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

CRITICAL

A request for rehearing or review in a case without a transcript or audio recording must be made by written motion within 14 days after the judgment is filed.

The request shall be by written motion filed within 14 days of the filing of the judgment