Johnson County District Court Service and Proof of Service Rules

CRITICAL

Notice of the custody-review request must be given to the District Court Trustee.

Notice shall be given to the District Court Trustee.

CRITICAL

Applies to

Motion and verified application

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

(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

A case may be removed from Division No. 61’s dismissal list only if the defendant was served before the scheduled dismissal date.

Cases will not be removed from the dismissal list for Division No. 61 unless service has been made on the defendant before the scheduled date of dismissal.

CRITICALCivil casesProposed or draft document; may not be in force

An assignment of redemption rights must be served on all parties and, if not a party, the Certificate of Purchase holder.

thereafter such assignment of redemption rights must be (3) be served on all parties and the Certificate of Purchase holder (if not a party).

CRITICAL

In divorce cases, the listed documents must be exchanged by the later of 60 days after filing or 45 days after service; no further order is needed, and unreasonable failure to provide them may result in sanctions.

The documents listed below will be exchanged within 60 days of filing or 45 days of service in any divorce 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.

CRITICALCivil casesProposed or draft document; may not be in force

Counsel in a divorce case must notify both CASAs and guardians ad litem of all pending motions and hearings.

Counsel for the parties in a divorce case shall give to both CASAs and guardians ad litem notice of all pending motions and hearings

CRITICAL

Applies to

Interrogatory answers

Interrogatory answers must be served on the requesting party 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.

CRITICALCivil casesProposed or draft document; may not be in force

The order remains effective only while the out-of-state attorney is continually associated with and personally appearing alongside a Kansas-licensed attorney, who may receive service 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.

CRITICALCivil casesProposed or draft document; may not be in force

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

(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

Service

Mail to all parties

A written motion and a notice designated as a notice of non-appearance hearing must be served on all parties, including parties in default, by ordinary mail to 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

A separate Service Instruction Form is required for each person or entity to be served, except when service is at the same address.

A separate Service Instruction Form must be submitted for each person or entity to be served, unless service is at the same address.

CRITICAL

The withdrawal and 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.

CRITICAL

Applies to

Order

Within three days of receiving the order, requesting counsel or a self-represented party must serve it on the opposing party and file proof of service with the Clerk.

Within three days of receipt, counsel for the requesting party (or the party if self- represented) shall serve a copy of this order on the opposing party and file proof of service with the Clerk of the Court.

CRITICAL

Service

Electronic service

Papers may be served by email or other electronic means when the recipient has supplied an address for service, except papers required to accompany a summons or to be served by another specified method; service is complete upon transmission unless returned undeliverable.

KSA 60-205, as amended, allows service of papers upon opposing counsel and parties “by electronic means when authorized by supreme court rule or a local rule.” This rule, therefore, authorizes service of all papers, except those required to be served with a summons or required to be served by other specific means, by e-mail or other electronic means if and when opposing counsel or parties have complied with KSA 60-211, as amended, or otherwise provided their e- mail or other electronic address to use for such service. Service by e-mail or electronic means is deemed complete when transmitted, unless returned as undeliverable.

CRITICAL

For service of the specified papers, treat the first-named petition party as plaintiff or petitioner and the second-named party as defendant or respondent.

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.

CRITICAL

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

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

Service

Electronic service to opposing party

Papers may be served by email or other electronic means when opposing counsel or parties have complied with KSA 60-211 or provided an address for service; this does not apply to papers required to accompany a summons or be served by other specific means, and service is complete upon transmission unless returned undeliverable.

This rule, therefore, authorizes service of all papers, except those required to be served with a summons or required to be served by other specific means, by e-mail or other electronic means if and when opposing counsel or parties have complied with KSA 60-211, as amended, or otherwise provided their e-mail or other electronic address to use for such service. Service by e-Service by e-mail or electronic means is deemed complete when transmitted, unless returned as undeliverable.

CRITICAL

The request must be served on counsel for all parties, all unrepresented parties, and the trustee.

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 unrepresented parties, and on the trustee.

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Notice of lien claim

A Notice of Lien Claim must be served on all parties when a party or counsel knows of a lien against funds paid into or out of court.

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).

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Pleading

Counsel must send CASAs and guardians ad litem copies of all subsequently filed pleadings.

and shall send copies to them of all subsequently filed pleadings.

CRITICALCivil casesProposed or draft document; may not be in force

Before calling a child under 18 as a witness in the specified cases, the proposing party must notify the court and opposing counsel, or the opposing party if self-represented.

No person under the age of 18 years shall be called as a witness in any domestic relations action or in any Protection from Abuse or Stalking Act case unless the party proposing to call the child as a witness has: A. Notified the court and opposing counsel, or the opposing party if pro seself-represented, of the intention to call the child witness;

CRITICAL

Service

Mail

A motion to confirm a Sheriff’s sale requires a non-appearance hearing, with 14 days’ notice by ordinary mail to all judgment debtors at their last known addresses, including those not 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.

CRITICAL

An assignment of redemption rights must be served on all parties and, if not a party, the Certificate of Purchase holder.

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, and thereafter such assignment of redemption rights must be (3) be served on all parties and the Certificate of Purchase holder (if not a party).

CRITICALCivil casesProposed or draft document; may not be in force

Applies to

Order

Within three days of receiving the order, counsel for the requesting party or the self-represented party must serve it on the opposing party and file proof of service with the Clerk.

2. Within three days of receipt, counsel for the requesting party (or the party if self- represented) shall serve a copy of this order on the opposing party and file proof of service with the Clerk of the Court.

CRITICALCivil casesProposed or draft document; may not be in force

The motion and hearing notice must be served on the investigator who prepared the report, and the investigator 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.