Sedgwick County District Court Adjournment & Extension Requirements

CRITICAL

A party seeking a continuance must first notify opposing counsel and, if there is no objection, email the listed information to criminal assignment.

A party requesting a continuance of any case scheduled on the docket (whether for jury trial, preliminary hearing, bench trial, or motion), must first notify opposing counsel of the request. If opposing counsel does not object to the request, the party seeking the continuance must then send an email message to “criminal_assignment@dc18.org” that contains all of the following information: The name and email address of the attorney making the request; The name and email address of the opposing attorney who agrees to the continuance; The defendant’s name and case number; and The continuance date requested

CRITICAL

A continuance of a court-ordered appearance or deadline must be approved by the Court.

No motion for arbitration need be filed with the Court. However, an agreement to arbitrate does not stay any other deadlines, and any continuance of a Court ordered appearance or deadline must be approved by the Court.

CRITICAL

After a continuance is approved, the new date must be obtained from the Assigned Family Law Judge.

Once a continuance has been approved by a Family Law Judge, any new date shall be obtained from the Assigned Family Law Judge.

CRITICALCivil cases

An agreement extending a discovery deadline must not delay trial, any hearing, or a pretrial conference.

Any interparty agreement extending the discovery deadline shall not operate to delay trial or any hearing or pretrial conference.

CRITICAL

For cases on the preliminary-hearing, bench-trial, or pretrial-motion docket, the Court must receive a continuance request by 4:00 p.m. the day before docket call.

and by 4:00 p.m. the day prior to the docket-call for cases scheduled on the preliminary hearing, bench trial, or pre-trial motion(s) docket.

CRITICALCriminal cases

For track 1 cases, alternate cases in other courts must be continued by one week before trial unless all conflicted attorneys agree to be ready for both trials.

For track 1 cases, the other court(s)’ alternate cases shall be continued no later than one week before the scheduled trial date unless all conflicted attorneys agree to be ready for both.

CRITICAL

For a fifth or later continuance request by either side, counsel must appear in person at docket call and make the request on the record.

For any fifth (5th) or subsequent continuance request(s) (whether State or defense requests), counsel must appear in person at the docket-call and make the request on the record.

CRITICAL

The Court must receive a jury-trial continuance request by 2:00 p.m. on the last business day before the jury-trial docket.

The Court must receive requests for jury trial continuance by 2:00 p.m. on the last business day before the jury trial docket,

CRITICAL

After the NID is prepared and mailed, a request for an extension of time must be made through the Assigned Judge’s Division Email address.

Once an NID has been prepared and mailed, a request for an extension of time must be made through the Assigned Judge’s Division Email address.

CRITICAL

After a continuance is approved, any new date must be obtained from the Assigned Family Law Judge.

3. Once a continuance has been approved by a Family Law Judge, any new date shall be obtained from the Assigned Family Law Judge.

CRITICAL

Continuance announcements made before 4:00 p.m. on the court day before the motion docket will be granted without an appearance, unless the Assigned Family Law Judge requires one.

A. Announcements on Motions that are made before 4:00 p.m. on the court day before the scheduled motion docket will be granted without an appearance, unless the Assigned Family Law Judge notifies that parties that an appearance will be necessary.

CRITICAL

Jury trials scheduled to begin on or after the order date are continued until further order of the Chief Justice.

All jury trials, both civil and criminal, scheduled to begin in on or after the date of this order are continued until further order of the Chief Justice.

CRITICAL

Only the Assigned Family Law Judge may grant a third request for additional time.

A third request for additional time can only be granted by the Assigned Family Law Judge.

CRITICAL

A continuance announcement made after the cutoff may still be granted, but the parties must appear until they receive confirmation that it was granted.

Announcements made after the cutoff time may still be granted, but the parties are required to appear until they receive a reply that the continuance was granted.

CRITICAL

A continuance of a court-ordered appearance or deadline during the CFL process must be approved by the Court.

Inasmuch as CFL can be entered into only with the approval of all parties, no motion for CFL need be filed with the Court. However, a written agreement to handle a case through the CFL process does not stay any other deadlines, and any continuance of a Court-ordered appearance or deadline must be approved by the Court.

CRITICAL

A continuance announcement made after the cutoff may still be granted, but the parties must appear until they receive confirmation that it was granted.

B. Announcements made after the cutoff time may still be granted, but the parties are required to appear until they receive a reply that the continuance was granted.

CRITICAL

After an NID has been prepared and mailed, a request for an extension of time must be made through the Assigned Judge’s Family Law Conference email address.

b. Once an NID has been prepared and mailed, a request for an extension of time must be made through the Assigned Judge’s Family Law Conference email address.

CRITICAL

One continuance must be granted to an attorney or party as a professional courtesy, unless an emergency exists.

One continuance shall be granted to an attorney or party, out of professional courtesy, unless an emergency exists.

CRITICAL

A motion-continuance announcement made before 4:00 p.m. on the court day before the docket will be granted without an appearance, unless the Assigned Family Law Judge requires one.

Announcements on Motions that are made before 4:00 p.m. on the court day before the scheduled motion docket will be granted without an appearance, unless the Assigned Family Law Judge notifies that parties that an appearance will be necessary.

CRITICAL

A scheduled conference or trial may be continued only with the Assigned Family Law Judge’s approval, even if the parties agree.

1. Regardless of whether the parties agree, a scheduled conference or trial shall not be continued unless the Assigned Family Law Judge grants the continuance.

CRITICAL

If the parties disagree about a continuance or a new date, they must immediately confer with each other and the Assigned Family Law Judge, who will decide the issues.

2. If the parties cannot agree on whether there should be a continuance, or cannot agree on a new date, the parties shall immediately confer together and with the Assigned Family Law Judge, who shall make a decision regarding those issues.

CRITICAL

A continuance request missing any required information will be rejected, and counsel must appear at the docket call.

The Court will reject any request that does not include all information listed above, and will require counsel to appear at the docket call.

CRITICAL

Procedural requests, including requests to continue motions or trials, must be heard by the assigned Family Law judge unless unavailable, in which case any Family Law judge may consider them.

All procedural requests such as requests to short file or to continue motions or trials shall be heard only by the assigned Family Law judge, unless that judge is unavailable. If the assigned case judge is unavailable for these inquiries, any Family Law judge may consider the request.

CRITICAL

A scheduled conference or trial cannot be continued, even by agreement of the parties, unless the Assigned Family Law Judge grants the continuance.

Regardless of whether the parties agree, a scheduled conference or trial shall not be continued unless the Assigned Family Law Judge grants the continuance.

CRITICAL

A continuance of a court-ordered appearance or deadline during arbitration must be approved by the Court.

No motion for arbitration need be filed with the Court. However, an agreement to arbitrate does not stay any other deadlines, and any continuance of a Court ordered appearance or deadline must be approved by the Court.

CRITICAL

A continuance of a court-ordered appearance or deadline in a Collaborative Family Law case requires court approval.

However, a written agreement to handle a case through the CFL process does not stay any other deadlines, and any continuance of a Court-ordered appearance or deadline must be approved by the Court.

CRITICAL

If the parties cannot agree whether to continue a matter or on a new date, they must immediately confer with each other and the Assigned Family Law Judge, who decides the issue.

If the parties cannot agree on whether there should be a continuance, or cannot agree on a new date, the parties shall immediately confer together and with the Assigned Family Law Judge, who shall make a decision regarding those issues.

CRITICAL

Continuance requests must be made by email or in open court; requests by telephone or during chamber visits will not be entertained.

Counsel seeking continuance must do so either by email or in open court. The Court will not entertain requests over the telephone or during chamber visits.

CRITICAL

Requests to continue motions or trials must be heard by the assigned Family Law judge unless unavailable, in which case any Family Law judge may consider them.

All procedural requests such as requests to short file or to continue motions or trials shall be heard only by the assigned Family Law judge, unless that judge is unavailable. If the assigned case judge is unavailable for these inquiries, any Family Law judge may consider the request.

WARNINGCriminal cases

Scheduled traffic trials, probation-violation hearings, and DUI sentencings will proceed unless prior arrangements have been made to continue them.

Any TRAFFIC case currently set for: TRIAL, PROBATION VIOLATION or DUI SENTENCING WILL OCCUR unless prior arrangements have been made to continue the hearing.

WARNING

One continuance shall be granted to an attorney or party as a professional courtesy, unless an emergency exists.

1. One continuance shall be granted to an attorney or party, out of professional courtesy, unless an emergency exists.

WARNINGCriminal cases

If no announcement requesting a continuance is received seven days in advance, whether to continue the case is left to the trial judge’s discretion.

If no announcement is received by the conflicted attorney seven days in advance requesting a continuance, the continuance will be at the discretion of the trial judge.

WARNINGCriminal cases

For track 2 cases with a defense-attorney conflict, the trial judge has discretion over the non-prime case, and the chief judge makes the final decision if the denial of a continuance is disputed.

For track 2 cases, if the defense attorney has a conflict, the non-prime case will be left to the discretion of the trial judge. If there is a disagreement about whether the trial judge has properly denied a continuance, the chief judge shall make the final decision.

WARNING

If the Court grants a continuance, it will email both sides' counsel; if counsel receives no reply email, counsel must appear in person at docket call to request the continuance.

The court will email counsel for both parties if it grants the continuance request. If counsel does not receive a reply email, counsel must appear in person at the docket-call to request the continuance.

WARNING

Only the party seeking a continuance may submit the request.

The Court will accept continuance requests only from the party making the request.

WARNING

Defense counsel must ensure that necessary consultation with the defendant has occurred and is ongoing when seeking a continuance.

Defense counsel shall insure that the necessary consultation has occurred and is ongoing with the defendant.

WARNINGCriminal cases

Each side may have one continuance on the Preliminary Hearing Docket.

Each side is allowed one continuance on the Preliminary Hearing Docket.

WARNINGCriminal cases

The total time on the Preliminary Hearing Docket should not exceed 12 weeks.

The total time on the Preliminary Hearing Docket should not exceed 12 weeks.

WARNING

Jury trials in progress on March 18, 2020, may continue to conclusion at the assigned judge’s discretion.

Civil and criminal jury trials that are in progress as of March 18, 2020, may continue to conclusion, in the discretion of the assigned judge.

WARNING

An agreement extending the discovery deadline may not delay trial, a hearing, or a pretrial conference.

Any interparty agreement extending the discovery deadline shall not operate to delay trial or any hearing or pretrial conference.

WARNING

Requests for continuances and other scheduling matters must be addressed to the appropriate judge.

Requests for continuance or other scheduling matters shall be addressed to the appropriate judge.

WARNING

Only the Assigned Family Law Judge may grant a third request for additional time.

A third request for additional time can only be granted by the Assigned Family Law Judge.

WARNING

The Court may continue a case and charge the continuance to the announcing party if the party misses the announcement deadlines, unless good cause is shown.

If a party announces a case for trial after the deadlines set forth in this Rule the Court may, absent good cause shown, continue the case and charge the continuance to the party making the late announcement.

WARNING

Requests for continuances and other scheduling matters must be addressed to the appropriate judge.

Requests for continuance or other scheduling matters shall be addressed to the appropriate judge.