Johnson County District Court Service and Proof of Service Rules

CRITICALCivil casesProposed or draft document; may not be in force

Movant’s counsel must notify all other counsel by forwarding file-stamped copies of the Motion and Order within three days.

Movant’s counsel is directed to notify all other counsel of this Motion and Order by forwarding to them file-stamped copies of the Motion and Order within three days.

CRITICAL

Movant’s counsel must forward file-stamped copies of the motion and order to all other counsel within three days.

Movant’s counsel is directed to notify all other counsel of this Motion and Order by forwarding to them file-stamped copies of the Motion and Order within three days.

CRITICALCivil casesProposed or draft document; may not be in force

The parties must exchange exhibit copies by the exhibit-marking date, no later than five days before trial.

The parties shall exchange copies of exhibits at or before that date.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Motion for leave to withdraw

The attorney must serve the withdrawal motion on all counsel of record and the client, and file proof of service on the client with the clerk.

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. The motion for leave to withdraw must be served on the withdrawing attorney's client. Proof of service on the client shall be filed with the clerk.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Interrogatory answers

Answers to the interrogatories must be served on the undersigned within 30 days after service of the interrogatories.

Please take notice that a copy of your answers to the foregoing Interrogatories must be served upon the undersigned within 30 days after service of these Interrogatories.

CRITICAL

The chosen service method must be indicated using the Service Instruction Form.

The choice of method of service shall be indicated pursuant to the form set forth below.

CRITICAL

Applies to

Return of service

When service is made by return receipt delivery, a return-of-service form following the form provided must be filed.

3. Return on Service by Return Receipt Delivery. When service has been made by return receipt delivery, a form shall be filed following the form set forth below.

CRITICAL

The plaintiff or claimant must promptly and timely serve all pleadings and papers identified in the rule on each defendant in accordance with the cited Kansas statutes.

It is plaintiff/claimant’s obligation to promptly and timely serve all pleadings and papers identified herein on each party defendant, in accordance with KSA 60-203 and 60-301 through 60-313.

CRITICALCivil casesProposed or draft document; may not be in force

A defendant who appears on an Answer Date and enters a general denial must provide a copy of the Written Answer to the plaintiff or the plaintiff’s attorney.

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

Motions for a review hearing or rehearing must be served on counsel for all parties, all unrepresented parties, and the trustee.

Motions for a review hearing or rehearing shall be served upon counsel for all parties, on all unrepresented parties, and on the trustee.

CRITICAL

A Notice of Lien Claim must be served on all parties.

If any party or counsel has knowledge of any such liens, a "Notice of Lien Claim" shall be filed with the clerk and served on all parties identifying the person claiming a lien, giving the amount of the lien claim, and giving the stated basis for the lien (e.g., under K.S.A. 65-406).

CRITICAL

Any designated service form must be signed before the clerk commences proceedings and included with every service application.

The attorney or self-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

Service

Mail

For return receipt delivery service by the attorney or self-represented litigant, that person is responsible for obtaining service and ensuring its return.

The responsibility for obtaining service and effecting its return shall be on the attorney or self-represented litigant.

CRITICAL

A motion for leave to withdraw must be served on all counsel of record and the client, and proof of service on the client must be filed with the clerk.

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. The motion for leave to withdraw must be served on the withdrawing attorney's client. Proof of service on the client shall be filed with the clerk.

CRITICALCivil casesProposed or draft document; may not be in force

The clerk must notify counsel and self-represented parties by one of the stated methods within five days after the dismissal list issues, give notice at least 20 days before dismissal, and file a certificate of compliance in each dismissed case.

3. Method and Time of Notice. The clerk of the district court shall notify counsel of record and all pro seself-represented parties by sending a copy of this order by ordinary mail to the attorney or pro seself-represented party, or by deposit in the attorney's designated box in the clerk's office, or by e-mail to the attorney of record within five days from the issuance of the dismissal list, and shall file an appropriate certificate in each case dismissed showing compliance with this order. This notice shall be given at least 20 days prior to the dismissal date.

CRITICAL

A motion seeking to have support enforced otherwise must show good cause and provide notice to the parties of record and the District Court Trustee.

All orders for support shall be enforced by the District Court Trustee unless otherwise ordered by the court for good cause shown upon motion with notice to the parties of record and the District Court Trustee.

CRITICALCivil casesProposed or draft document; may not be in force

The Petitioner must give notice to all heirs at law located through the search.

Notice shall be given to all heirs at law located by the Petitioner.

CRITICALCivil casesProposed or draft document; may not be in force

Service

Mail

Return receipt delivery service by the pro seself-represented litigant or attorney. The responsibility for obtaining service and effecting its return shall be on the attorney or pro seself-represented litigant. The original receipt for service (e.g., in the case of certified mail, the green card) must be filed with the clerk's office before service can be perfected.

Return receipt delivery service by the pro seself-represented litigant or attorney. The responsibility for obtaining service and effecting its return shall be on the attorney or pro seself-represented litigant. The original receipt for service (e.g., in the case of certified mail, the green card) must be filed with the clerk's office before service can be perfected.

CRITICALCivil casesProposed or draft document; may not be in force

Service

Mail to opposing party

The questionnaire form includes a certificate stating that a copy was served on opposing counsel by prepaid U.S. mail.

Certificate of Service I hereby certify that a copy of the foregoing Pretrial Questionnaire was served upon opposing counsel by depositing a copy in the United States mail addressed to counsel, postage prepaid, on this day of , 20 .

CRITICAL

The clerk must notify counsel and self-represented parties by ordinary mail or e-mail to counsel, within five days after issuance of the dismissal list and at least 20 days before dismissal.

The clerk of the district court shall notify counsel of record and all self-represented parties by sending a copy of this order by ordinary mail to the attorney or self-represented party or by e-mail to the attorney of record within five days from the issuance of the dismissal list, and shall file an appropriate certificate in each case dismissed showing compliance with this order. This notice shall be given at least 20 days prior to the dismissal date.

CRITICAL

Service

Mail

The original receipt for return receipt delivery service must be filed with the clerk before service is perfected.

The original receipt for service (e.g., in the case of certified mail, the green card) must be filed with the clerk's office before service can be perfected.

CRITICAL

Once approved by the assigned judge, the order must be served on all counsel of record.

(This Order, when approved by the assigned judge, shall be served upon all counsel of record in this case.)

CRITICALCivil casesProposed or draft document; may not be in force

The documents listed below will be exchanged within 60 days of filing or 45 days of

The documents listed below will be exchanged within 60 days of filing or 45 days of

CRITICAL

The petitioner must give notice to every heir at law located through its search.

Notice shall be given to all heirs at law located by the Petitioner.

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 requires at least 21 days’ notice to all parties and persons claiming redemption rights, with proof of service.

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 with not less than 21 days of notice to all parties or persons claiming redemption rights and proof of service.

CRITICALCivil casesProposed or draft document; may not be in force

The plaintiff or claimant must promptly and timely serve all pleadings and papers identified in the rule on each defendant in accordance with the cited Kansas statutes.

It is plaintiff/claimant’s obligation to promptly and timely serve all pleadings and papers identified herein on each party defendant, in accordance with KSA 60-203 and 60- 301 through 60-313.

CRITICAL

The Petitioner must serve the Petition and notice of pending hearings on all heirs identified by the guardian ad litem.

The guardian ad litem shall file a report of the results of the search and the Petitioner shall serve notice of the Petition and any pending hearings upon all identified heirs at law.

CRITICALCivil casesProposed or draft document; may not be in force

The substitution pleading must be served on the client and all counsel of record.

Such pleading shall be served on the client and all counsel of record in the case.

CRITICALCivil casesProposed or draft document; may not be in force

When service is made by return receipt delivery, the specified return-of-service form must be filed.

When service has been made by return receipt delivery, a form shall be filed following the form set forth below.

CRITICALCivil casesProposed or draft document; may not be in force

Service

Mail

The withdrawing attorney must mail a copy of the withdrawal order to the affected party.

The withdrawing attorney shall mail a copy of the order to the party affected.

CRITICAL

The bankruptcy notice copy must also be provided to all parties to the foreclosure litigation within the same 10-day maximum period.

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.

CRITICAL

A motion to shorten, extend, or extinguish the redemption period must be set for a nonappearance hearing with at least 21 days’ notice to all parties and persons claiming redemption rights, with proof of service.

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 with not less than 21 days of notice to all parties or persons claiming redemption rights and proof of service.

CRITICALCivil casesProposed or draft document; may not be in force

The bankruptcy notice copy must be provided to all parties to the litigation as well as filed with the Court.

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.

CRITICAL

Counsel in divorce cases must notify CASAs and guardians ad litem of pending motions and hearings and send them copies of subsequently filed pleadings.

Counsel for the parties in a divorce case shall give to both CASAs and guardians ad litem notice of all pending motions and hearings and shall send copies to them of all subsequently filed pleadings.

CRITICAL

Service

Mail to all parties

A non-appearance hearing requires a written motion and a notice labeled as a notice of non-appearance hearing, served by ordinary mail on all parties, including parties in default, at their last known addresses.

A non-appearance hearing requires a written motion served on all parties including those in default, together with a “notice of non-appearance hearing” denominated as such, by ordinary mail to recipient’s last known address.

CRITICAL

Service

Mail

For return receipt delivery service by the sheriff, the sheriff is responsible for obtaining service and ensuring its return.

The responsibility for obtaining service and effecting its return shall be on the sheriff.

CRITICAL

A service requester must provide the complete address of the person or entity to be served.

An attorney or self-represented litigant requesting service of process must clearly state the complete address of the person or entity service is to be made upon.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Motion

Service

Mail

A motion to confirm a Sheriff’s sale requires a non-appearance hearing and 14 days’ notice by ordinary mail to every judgment debtor at their last known address, whether or not they are in default.

A motion to confirm a Sheriff’s sale requires a non-appearance hearing with 14 days notice to all judgment debtors, regardless of whether they are in default in the litigation, at their last known address(es) by ordinary mail.

CRITICALCivil casesProposed or draft document; may not be in force

Service

Mail to opposing party

The questionnaire includes a certificate stating that a copy was mailed to opposing counsel postage prepaid.

Certificate of Service I hereby certify that a copy of the foregoing Pretrial Questionnaire was served upon opposing counsel by depositing a copy in the United States mail addressed to counsel, postage prepaid, on the day of , .

CRITICAL

A person requesting service must complete a Service Instruction Form before service begins.

An attorney or self-represented litigant requesting service of process on any pleading or document must complete the form called, "Service Instruction Form" before service shall be commenced.

CRITICAL

The parties must exchange copies of exhibits by the exhibit-marking deadline.

The parties shall exchange copies of exhibits at or before that date.

CRITICALCivil casesProposed or draft document; may not be in force

Other trustee-maintained documents and records may be obtained only by court order on motion with notice to all interested parties, including the trustee.

Except for printouts of payment records, copies of motions, and briefs of the parties, and orders of the hearing officers, documents, and records maintained by the trustee may be obtained only by order of the District Court upon motion with notice to all interested parties, including the trustee.

CRITICAL

The out-of-state attorney’s admission remains effective only while associated with and personally appearing alongside a Kansas-licensed attorney, who may receive service in matters connected with the action with the same effect as service on the out-of-state attorney.

This order shall be effective only so long as the out-of-state attorney has associated continually and is personally appearing with (name of attorney licensed in Kansas), upon whom service may be had in all matters connected with this action with the same effect as if personally made on the out-of- state attorney.

CRITICAL

Service

Mail

The withdrawing attorney must mail a copy of the withdrawal order to the affected party.

The withdrawing attorney shall mail a copy of the order to the party affected.

CRITICALCivil casesProposed or draft document; may not be in force

Once approved by the assigned judge, the order must be served on all counsel of record.

(This Order, when approved by the assigned judge, shall be served upon all counsel of record in this case.)

CRITICALCivil casesProposed or draft document; may not be in force

The requesting attorney or self-represented litigant must elect in writing among the listed service methods.

The attorney or pro seself-represented litigant must elect in writing from among the following forms of service: a. Service through the office of the sheriff by other than certified mail. b. Service by a process server authorized or appointed by the provisions of K.S.A. 60-303. c. Return receipt delivery service by the pro seself-represented litigant or attorney. The responsibility for obtaining service and effecting its return shall be on the attorney or pro seself-represented litigant. The original receipt for service (e.g., in the case of certified mail, the green card) must be filed with the clerk's office before service can be perfected. d. Return receipt delivery service by the office of the sheriff. The responsibility for obtaining service and effecting its return shall be on the sheriff.

CRITICALCivil casesProposed or draft document; may not be in force

If the guardian ad litem locates heirs, the Petitioner must serve them with notice of the Petition and any pending hearings.

the Petitioner shall serve notice of the Petition and any pending hearings upon all identified heirs at law.

CRITICAL

Applies to

Motion and notice of hearing

A copy of the motion and notice of hearing must be served on the investigator, who may advise the court about risks of providing a written copy.

A copy of the motion and notice of hearing shall be served upon the investigator who prepared the report, who shall be allowed to advise the court regarding the investigator's recommendations as to the risks of providing a written copy of the report.