Johnson County District Court Service and Proof of Service Rules

CRITICAL

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

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

CRITICALCivil cases

Applies to

Preliminary witness and exhibit list

The parties must file and serve a preliminary witness and exhibit list on all other parties by the date specified in the CMO.

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

CRITICAL

Deadline

48 hours

For hearings other than final trials, provide exhibits electronically to the opposing side no later than 48 hours before the hearing.

All exhibits for any hearing other than final trials should be marked, on an Exhibit List, and provided electronically to the opposing side and to the Court Administrative Assistant, David Jobe, no later than 48 hours before the scheduled hearing.

CRITICAL

Marked exhibits for use in a party’s case in chief must be exchanged at least seven days before trial.

All marked exhibits for use in the trial during a party's case in chief shall be exchanged at least 7 days prior to the Trial.

CRITICAL

Service

Electronic service

Papers may be served by e-mail or other electronic means, except papers that must be served with a summons or by another specific method.

KSA 60-205 allows service of papers upon opposing attorneys and parties by electronic means. You may serve, and opposing lawyers, parties and the court may serve you with court 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.

CRITICAL

Deadline

24 hours

Provide the Court’s exhibit copies electronically to the Court Administrative Assistant no later than 24 hours before the scheduled hearing.

Copies of the exhibits for use by the Court should be provided electronically to Court Administrative Assistant, David Jobe, no later than 24 hours before the scheduled hearing.

CRITICALCivil cases

Each party must provide the applicable listed documents to the Court and provide them to all other parties at the same time.

Depending upon the issues to be resolved, each party will provide the court the following documents. All other parties will be provided the documents at the same time.

CRITICALCivil cases

A party choosing to file one of the listed documents must notify all other parties and counsel at least seven days before trial.

If a party chooses to file one, they must notify all other parties/counsel at least seven days prior to trial.

CRITICALCivil cases

Mark and exchange all trial exhibits and the final exhibit list seven days before trial.

All trial exhibits, together with a final exhibit list, will be marked and exchanged seven (7) days prior to trial.

CRITICALCivil cases

Service

Mail

Each parent must send written notice by certified mail, restricted delivery, return receipt requested, to the other parent’s last known address about a plan to remove a child from Kansas for more than 90 days.

Mother and Father shall each notify the other parent of any plan to remove any child(ren) from the State of Kansas for more than 90 days by sending written notice to the other parent by certified mail – restricted delivery, return receipt requested, at that other parent’s last known address.

CRITICAL

Service

Electronic service

The three-day response-time addition under KSA 60-206 applies when service is by email.

The three-day time for any response added under KSA 60-206 applies to service by e-mail.

CRITICALCivil cases

Applies to

Substitution of counsel pleading

A 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 cases

Mark and exchange all trial exhibits and the final exhibit list three days before trial.

All trial exhibits, together with a final exhibit list, will be marked and exchanged three days prior to trial.

CRITICALCivil cases

Applies to

Order

Counsel for petitioner must serve the Order on respondent and file proof of service with the Clerk within three days of receipt.

Within three days of receipt, counsel for petitioner shall serve a copy of this Order on respondent and file proof of service with the Clerk of the Court.

CRITICALCivil cases

Applies to

Motion for leave to withdraw

The motion must be served on the withdrawing attorney's client, and proof of service must be filed with the clerk.

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 cases

Applies to

Substitution of counsel pleading

Service

Mail

This is to certify that a copy of the above and foregoing Order was mailed, postage prepaid, in the United States mail this _____ day of __________, 20___, to:  _______________________________________________ __________________________________________________.

This is to certify that a copy of the above and foregoing Order was mailed, postage prepaid, in the United States mail this _____ day of __________, 20___, to:  _______________________________________________ __________________________________________________.

CRITICALCivil cases

Applies to

Motion for leave to withdraw

A motion for leave to withdraw must be served on all counsel of record.

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.

CRITICAL

Service

Electronic service

Email or other electronic service is complete when transmitted unless it is returned as undeliverable.

Service by e-mail or electronic means is deemed complete when transmitted unless returned as undeliverable.

CRITICALCivil cases

Applies to

Withdrawal order

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 cases

Applies to

Proposed decree trial brief proposed findings conclusions

A party choosing to file one of these documents must notify opposing counsel at least seven days before trial.

If a party chooses to file, they must notify the opposing party/counsel at least seven days prior to trial.

CRITICAL

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

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

CRITICALCivil cases

Service

Mail

Each parent must notify the other in writing at least 30 days before an address change by certified mail, restricted delivery, return receipt requested, to the other parent’s last known address.

Mother and Father shall each notify the other parent of any address change in writing no less than 30 days before changing address by sending written notice to the other parent by certified mail – restricted delivery, return receipt requested, at that other parent’s last known address.

CRITICALCivil cases

Applies to

Motion for leave to withdraw

Service

Mail to all parties

The prescribed motion certificate of service states that the motion was mailed to all other counsel of record and the withdrawing attorney's client.

This is to certify that a copy of the above and foregoing Motion for Leave to Withdraw was mailed, postage prepaid, on the _____ day of __________, 20___, to: (all other counsel of record) (withdrawing attorney's client, with address listed for future service of papers)

CRITICALCivil cases

Applies to

Order permitting withdrawal

Service

Mail to all parties

The prescribed withdrawal-order certificate of service states that the order was mailed to all counsel of record and the withdrawing attorney's client.

This is to certify that a copy of the above and foregoing Order was mailed, postage prepaid, in the United States mail this ______ day of ________________, 20___, to (all counsel of record) (withdrawing attorney's client, with address listed for future service of papers)

CRITICAL

Service

Electronic service

Papers may be served by email or other electronic means, except papers that must be served with a summons or by another specifically required method.

KSA 60-205 allows service of papers upon opposing attorneys and parties by electronic means. You may serve, and opposing lawyers, parties and the court may serve you with court 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.

CRITICALCivil cases

Provide the opposing party with the listed trial documents at the same time they are delivered to the court.

The opposing party will be provided the documents at the same time.

CRITICAL

Applies to

Notice

Notice of a motion to withdraw 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

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

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

CRITICALCivil cases

Applies to

Trial brief or proposed findings conclusions

If ordered, Trial Briefs or Proposed Findings of Fact and Conclusions of Law shall be delivered to the Court, with copies to all opposing counsel or unrepresented parties, two days prior to trial.

If ordered, Trial Briefs or Proposed Findings of Fact and Conclusions of Law shall be delivered to the Court, with copies to all opposing counsel or unrepresented parties, two days prior to trial.

CRITICALCivil cases

After scheduling an oral-argument hearing, the requesting party must send written notice to all other parties.

Such party must then send written notice of the hearing to all other parties.

CRITICALCivil cases

Applies to

Trial exhibits

Mark and exchange all trial exhibits with a final exhibit list ten days before trial; the exchange may be electronic.

All trial exhibits, together with a final exhibit list, will be marked and exchanged ten days prior to trial. Exchange may be electronic.

CRITICALCivil cases

No party may serve written discovery after the date specified in the order.

No written discovery may be served by any party after the ____ day of _______________, 20___.

CRITICALCivil cases

The preliminary witness and exhibit list must be served on all other parties 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__.

CRITICAL

Petitioner’s counsel must forward the proposed joint Order to Respondent’s counsel at least seven days before the hearing.

Petitioner’s counsel is to prepare a proposed joint Order and forward it to Respondent’s counsel at least 7 days prior to the hearing.

CRITICALCivil cases

Applies to

Preliminary witness and exhibit list

The preliminary witness and exhibit list must be served on all other parties by the specified date.

The parties shall file and serve on all other parties, a preliminary list of witnesses and exhibits on or before the ____ day of __________________, 201__.

CRITICALCivil cases

Applies to

Trial brief

If trial briefs or proposed findings are ordered, copies must be provided to all opposing counsel or unrepresented parties.

If ordered, Trial Briefs or Proposed Findings of Fact and Conclusions of Law shall be delivered to the Court, with copies to all opposing counsel or unrepresented parties, seven days prior to trial.

CRITICALCivil cases

Applies to

Hearing notice

The party scheduling an oral-argument hearing must send written notice of the hearing to all other parties.

Such party must then send written notice of the hearing to all other parties.

CRITICALCivil cases

Applies to

Trial exhibits

Trial exhibits and the final exhibit list must be marked and exchanged ten days before trial.

All trial exhibits, together with a final exhibit list, will be marked and exchanged ten days prior to trial.

CRITICALCivil cases

Written discovery may not be served after the specified date unless the parties agree and the Court approves their agreement.

No written discovery may be served by any party after the ____ day of _______________, 201___ [Counsel, it is recommended that this date be at least 45 days prior to the close of discovery], absent agreement of the parties AND an order approving the agreement from this Court.

CRITICALCivil cases

The parties must serve the preliminary witness and exhibit list on all other parties by August 3, 2012.

The parties shall file and serve on all other parties, a preliminary list of witnesses and exhibits on or before the 3rd day of August, 2012.

CRITICALCivil cases

If defendants elect to conduct an independent medical examination, they must complete it and provide the report to counsel for all other parties by the expert-designation deadline.

If the defendants wish to conduct an independent medical examination, such examination must be completed, and a report provided to counsel for all other parties, on or before the date defendants’ expert witness designations are due.

CRITICALCivil cases

After scheduling an oral-argument hearing, the party seeking it must send written notice to all other parties.

Such party must then send written notice of the hearing to all other parties.

CRITICALCivil cases

Applies to

Expert witness designation

The plaintiff must serve the expert-witness designation on all other parties by February 20, 2012.

The plaintiff must file and serve on all other parties, a designation of expert witnesses on or before the 20th day of February, 2012.

CRITICALCivil cases

The defendants must serve the expert-witness designation on all other parties by August 3, 2012.

The defendants must file and serve on all other parties, a designation of expert witnesses on or before the 3rd day of August, 2012.

CRITICALCivil cases

Applies to

Preliminary witness and exhibit list

The preliminary witness and exhibit list must be served on all other parties by May 11, 2012.

The parties shall file and serve on all other parties, a preliminary list of witnesses and exhibits on or before the 11th day of May, 2012.

CRITICALCivil cases

Written discovery may not be served after August 3, 2012, unless the parties agree or the Court orders otherwise.

No written discovery may be served by any party after the 3rd day of August, 2012, absent agreement of the parties or order of this Court.

CRITICALCivil cases

The plaintiff must serve the expert-witness designation on all other parties by June 19, 2012.

The plaintiff must file and serve on all other parties, a designation of expert witnesses on or before the 19th day of June, 2012.

CRITICALCivil cases

After scheduling an oral-argument hearing, the party who requested it must send written notice to all other parties.

Such party must then send written notice of the hearing to all other parties.

CRITICALCivil cases

Applies to

Written discovery

Written discovery may not be served after May 11, 2012, unless the parties agree or the Court orders otherwise.

No written discovery may be served by any party after the 11th day of May, 2012, absent agreement of the parties or order of this Court.

CRITICALCivil cases

Applies to

Expert witness designation

The defendant must serve the expert-witness designation on all other parties by April 10, 2012.

The defendant must file and serve on all other parties, a designation of expert witnesses on or before the 10th day of April, 2012.