Sedgwick County District Court Document Filing Requirements

CRITICAL

Applies to

New or modified final support order

All new or modified final support orders must contain the specified Kansas Payment Center payment and address language.

The following language shall be placed in all such orders: "All payments for support shall be delivered to: Kansas Payment Center, P.O. Box 758599, Topeka, KS, 66675 8599. It shall be the responsibility of the payor and payee to so inform the Kansas Payment Center of their current address at all times."

CRITICAL

Applies to

Pretrial statement

In a Chapter 61 case or a Chapter 60 case that has not been pre-tried, attorneys or unrepresented parties must prepare, sign, and file a Pretrial Statement with the assigned judge on the day of trial.

On the day of trial of any Chapter 61 case or any Chapter 60 case which has not been pre-tried, the attorneys or any party not represented by an attorney shall prepare, sign, and file a "Pretrial Statement" with the Judge to whom the case has been assigned.

CRITICAL

Applies to

Temporary custody order

A temporary order providing for a minor child’s temporary legal custody must include an affidavit addressing any basis for sole custody, current physical custody, the current de facto parenting plan and its duration, whether a party left the residence with the child, each parent’s employment, and any special needs the child has been receiving care for.

Any temporary order sought under this rule which provides for the temporary legal custody of any minor child must be accompanied by an affidavit stating the following: 1. any special circumstance, stated with specificity, which would make temporary sole legal custody rather than temporary joint legal custody appropriate; 2. which parent presently has physical custody of the child; 3. The de facto parenting plan that is in effect currently, and for how long; 4. whether either party has left the martial residence, and if so, with or without the child; 5. description of each parent’s employment (full-time, part-time, or stay at home, and hours); 6. whether the child has special needs for which one parent has been providing.

CRITICAL

Applies to

Pre trial or pre hearing conference order

Unless the court orders otherwise or the parties agree otherwise, the petitioner prepares the Pre-Trial Conference Order; in a post-divorce matter, the initial moving party prepares the Pre-Hearing Conference Order.

Unless otherwise ordered by the Court, or agreed to by the parties, the Pre-Trial Conference Order shall be prepared by the Petitioner. In a post-divorce matter the Pre-Hearing Conference Order shall be prepared by the initial moving party.

CRITICAL

Applies to

Temporary support order or responsive pleading

A temporary support order or responsive pleading must be accompanied by all documents required by Kansas Supreme Court Rule 139.

Any temporary support order or responsive pleading shall be accompanied by as all documents required by Kansas Supreme Court Rule 139.

CRITICAL

Applies to

Temporary order

The temporary-order materials must include a residence order allowing the vacating party 48 hours to move unless the court previously permits a different period.

9. A residence order, which shall allow 48 hours for the vacating party to move unless prior permission for a different time period is obtained by the court;

CRITICAL

Applies to

Pre trial conference order

When property division is at issue, the parties must include an initial proposed division of debts and assets.

In any case where property division is an issue, the parties must include an initial list of proposed division of debts and assets.

CRITICAL

Applies to

Affidavit or verified motion

An affidavit or verified motion seeking a change must specifically state all supporting reasons, and failure to provide required specific sworn testimony results in denial.

In addition to complying with the provisions of K.S.A. 23-3219(a), any affidavit or verified motion must specifically state all of the reasons which support the requested change. Failure to provide sworn testimony when required, and with the requisite specificity, will result in the motion being denied.

CRITICALCriminal cases

Applies to

Refund request

A refund request must be made in writing and filed with the Clerk of the District Court.

Said request for refunds must be made in writing and filed with the Clerk of the District Court with a copy served upon the District Attorney’s Office.

CRITICAL

Applies to

Temporary order

The temporary-order materials must address legal custody and include affidavits when required by statute.

1. Legal Custody along with necessary affidavits if required by statute;

CRITICAL

Applies to

Order

The final custody, parenting-time, and child-support order from the child-in-need-of-care case must also be filed in the related family-law or probate case.

the order of final custody parenting time, and child support in the child of need of care case shall also be filed in the family law or probate case

CRITICAL

Applies to

Temporary order or temporary parenting plan

The standard co-parenting order provided in the document must appear in either the Temporary Order or the Temporary Parenting Plan.

4. This standard co-parenting order, which must appear in either the Temporary Order or the Temporary Parenting Plan:

CRITICALCivil cases

Applies to

Pre trial questionnaire

Counsel for each party must complete a pre-trial questionnaire at least one week before the pre-trial conference.

At least one (1) week before the pre-trial conference, counsel for each party shall complete a pre-trial questionnaire

CRITICAL

Applies to

Limited case management report and recommendation

An LCM Report and Recommendation must not be placed in the Court file or attached to motions; an adopting order may include the recommendations but not the full report.

An LCM Report and Recommendation shall not be made part of the Court file and shall not be attached to any Motions. Court orders adopting an LCM Recommendation may contain the recommendations but not the full report.

CRITICAL

Applies to

Pleading

Each pleading must have the typed name of the attorney or person signing it immediately below the signature line.

All pleadings shall have typed thereon, immediately below the signature line of the pleadings, the name of the attorney or person signing the pleading.

CRITICALCriminal cases

Applies to

Insurance agent surety application

An insurance agent surety’s application must include qualifying powers of attorney and current, valid insurance-department license and authority certificates.

2. The application for each insurance agent surety also shall include: A. A copy of the qualifying power of attorney certificates issued to such surety by any insurance company; B. a current and valid certificate of license from the insurance department; and C. a current and valid certificate of authority from the insurance department.

CRITICALCriminal cases

Applies to

Application

A bail agent who posts bonds for four or more individuals during an annual bonding privileges period must submit an application for authorization under the Rule.

A bail agent who posts appearance bonds for four (4) or more individuals in an annual bonding privileges period is deemed to be operating as a bail agent for the 18th Judicial District, and within 45 business days shall submit an application for authorization as detailed under this Rule.

CRITICAL

Applies to

Pre trial conference order

A Pre-Trial Conference must be held and a Pre-Trial Conference Order filed before a case may proceed to trial.

No case shall proceed to trial without a Pre-Trial Conference being held, and a Pre-trial Conference Order being filed.

CRITICAL

Applies to

Final spousal support order

Final orders providing only spousal support must include the specified maintenance-withholding provision, subject to its written-agreement, arrearage, household, and statutory-compliance conditions.

4. The following provision and subparagraph (c.) above shall be included in all final orders where only spousal support is ordered: IT IS FURTHER ORDERED that, unless the parties have agreed in writing to the earlier issuance of an income withholding order, all maintenance payments shall be subject to income withholding, but only if (a) there is an arrearage in payment of maintenance in an amount equal to or greater than the amount of maintenance payable for two months, (b) the obligee spouse or ex-spouse is not living with a child of the obligor for whom an order of support is also being enforced, and (c) there has been compliance with K.S.A. 23-4, 107(h) and amendments thereto.

CRITICAL

Applies to

Custody or support order

Covered orders must require at least one parent or party to maintain affordable health insurance for the minor children when available.

For any orders that involve the custody or support of children of the parties, any initial, final or modified divorce decree, custody order, paternity order or support order shall order at least one of the parents/parties to obtain and maintain health insurance coverage for the minor children when such coverage is available to the party at an affordable cost pursuant to K.S.A. 23-3114 through 23-3117.

CRITICAL

Applies to

Pre trial questionnaire

Each party’s counsel must complete the pre-trial questionnaire at least one week before the conference and mail a copy to the assigned Judge and all other counsel and pro se litigants.

At least one (1) week before the pre-trial conference, counsel for each party shall complete a pre-trial questionnaire and mail a copy thereof to the Judge to whom the case is assigned and to all other counsel and pro se litigants.

CRITICAL

Applies to

Electronically filed document

Electronically filed documents must include a line substantially stating that the order is effective as of the date and time shown on the electronic file stamp.

Electronically filed documents shall now include a line substantially in compliance with the following: "This Order is effective as of the date and time shown on the electronic file stamp."

CRITICAL

Applies to

Emergency or ex parte motion to change custody

An emergency or ex parte motion to change custody must comply with the cited statutes, including their notice provisions.

An emergency or ex parte motion to change custody must comply with the provisions of K.S.A. 23-2707, 23-3218, and 23-3219, including notice provisions.

CRITICAL

Applies to

Letter of credit

A property surety may secure appearance bonds only with a qualifying two-year Letter of Credit of at least $100,000 issued by an authorized bank to the District Court.

In the 18th Judicial District the only property that can be pledged to secure appearance bonds is a valid, current and enforceable irrevocable two year Letter of Credit starting July 1st in the year of the application in an amount not less than one hundred thousand dollars ($100,000) issued to the District Court, Eighteenth Judicial District, by a state or national banking institution authorized to and doing business in the State of Kansas, guaranteeing payment of any forfeited appearance bonds posted by the Property Surety or his/her Bail Agent(s) on which judgment has been granted.

CRITICAL

Applies to

Journal entry of judgment

A Journal Entry of Judgment must be filed following trial.

12. Journal Entry of Judgment --------------------- 12. Must to filed within 30 days following completion of trial

CRITICAL

Anyone seeking consideration as a case manager, limited case manager, or mediator must provide the ADR coordinator the initial retainer fee, what it covers, and the subsequent hourly rate.

All people who wish to be considered as a case manager, limited case manager, or mediator must provide to the ADR coordinator the total initial retainer fee, the number of hours or scope of work the initial fee will cover, and the subsequent hourly rate to be charged.

CRITICAL

Applies to

Motion

A refund for a surrender more than 90 days after payment requires a proper motion and a specific order from the Chief Judge.

No refunds will be given for surrenders that occur in excess of 90 days after payment unless specifically ordered by the Chief Judge after the filing of a proper motion.

CRITICAL

Applies to

Final support order

Every new or modified final support order must contain the prescribed Kansas Payment Center language.

The following language shall be placed in all such orders: "All payments for support shall be delivered to: Kansas Payment Center, P.O. Box 758599, Topeka, KS, 66675 8599. It shall be the responsibility of the payor and payee to so inform the Kansas Payment Center of their current address at all times."

CRITICAL

Applies to

New or modified final support order

A new or modified final support order must comply with K.S.A. 23-3103 and include a child support worksheet where applicable.

Any new or modified final order for support shall comply with K.S.A. 23-3103, and shall be accompanied by a child support worksheet, where applicable.

CRITICAL

Applies to

Motion to withdraw

An attorney seeking to withdraw must state in the withdrawal motion whether the attorney has been assigned to complete an unfinished journal entry or other court document.

An attorney wishing to withdraw from a family law case must inform the court, in the motion to withdraw, if the attorney has been assigned to complete a journal entry or other court document that is not yet complete.

CRITICALCriminal cases

Applies to

Application

An applicant must submit the names and requested information for all proposed Bail Agents as part of the approval process.

As part of the approval process, the applicant shall submit the name(s) and requested information for all proposed Bail Agents of the applicant.

CRITICALCivil cases

The pretrial submission must list the names and addresses of all intended trial witnesses and identify any intended expert witnesses.

*5. List names and addresses of all witnesses you intend to call at trial: (Identify as an expert any witness you intend to call as an expert.)

CRITICAL

Applies to

Temporary order

Any deviation from the Standard Temporary Order must be brought to the Court’s attention for specific approval.

If there are deviations in temporary orders from the Standard Temporary Order, such deviations must be brought to the attention of the Court for the Court to specifically approve.

CRITICAL

Applies to

Motion to change custody residency or parenting time

A motion to change custody, residency, or parenting time must include a proposed parenting plan.

A motion to change custody, residency or parenting time, including any proposed change either to or from shared residency, must be accompanied by a proposed parenting plan, as required by K.S.A. 23-2707(d).

CRITICAL

Applies to

Supplemental letter of credit

A supplemental Letter of Credit must satisfy all Rule requirements and remain valid until the next June 30th.

Any supplemental Letter of Credit shall meet all requirements of this Rule and shall not expire until the next June 30th.

CRITICAL

Applies to

Letter of credit

Letters of Credit must be reviewed by the District Attorney and approved by the Chief Judge.

All such letters of credit must be reviewed by the District Attorney and approved by the Chief Judge.

CRITICALCivil cases

Applies to

Medical malpractice screening panel request

A medical malpractice screening panel request must include a list of the plaintiff’s health care providers from the preceding five years, including hospitals; full names and addresses should be provided to the extent possible.

Any party filing a request for medical malpractice screening panel shall file with the request: c. A list of all health care providers who have rendered treatment to the plaintiff within the preceding five (5) years, including all hospitals where plaintiff received any treatment. To the extent possible, full names and addresses shall be provided.

CRITICAL

Applies to

Final child support order

A final child support order issued in the Eighteenth Judicial District must require immediate issuance of an income withholding order unless all interested parties have a written agreement for an alternative payment arrangement.

i. Any final support order providing for the support of a child, issued in a Court of the Eighteenth Judicial District, shall require immediate issuance of an income withholding order unless there is a written agreement among all interested parties providing for an alternative payment arrangement.

CRITICAL

Applies to

Order withdrawing bench warrant

Beginning December 1, 2006, Orders Withdrawing Bench Warrants issued in the Eighteenth Judicial District must use a form available under the O category at the provided website.

Commencing December 1, 2006 all Orders Withdrawing Bench Warrants issued in the Eighteenth Judicial District shall be on a form. This form can be found under the O category at https://www.dc18.org/forms.

CRITICAL

Applies to

Surety application

The application must attest to the applicant’s specified criminal-history, qualification, and rule-compliance statements.

D. An attestation the applicant: i. has never been convicted of a felony in Kansas or any other jurisdiction nor has any such charges pending, ii. has not in the preceding ten (10) years been convicted of any misdemeanor involving violence, dishonesty, deceit or moral turpitude, including violations of protective orders or Chapter 55 offenses (or comparable statutes/ordinances in other jurisdictions), nor has any such charges pending, iii. is qualified to act as a surety or bail agent under Kansas law, and iv. has read this rule and the Kansas statutes governing appearance bonds in their entirety and agrees to comply with any applicable rules or laws.

CRITICALCriminal cases

Applies to

Property surety application

A property surety’s application must include its authorized bail-agent list and compliance documentation, a property-and-liabilities affidavit with valuation and any required appraisal, and any letters of credit proposed as security.

3. The application for each property surety also shall include: A. A list of all bail agents authorized by such property surety to write appearance bonds on such property surety’s behalf and all documentation from such bail agents demonstrating compliance with this rule. B. An affidavit describing the property by which such property surety proposes to justify its obligations and the encumbrances thereon, and all such surety’s other liabilities. The description shall include a valuation of the property described therein. If the valuation is not readily evident, an appraisal of the property may be required and, if required, shall be incorporated into the affidavit. C. Any letter(s) of credit the surety proposed to use as security for appearance bonds.

CRITICALCivil cases

Applies to

Pretrial order

Counsel must prepare and circulate the proposed Pretrial Order; objections must be in writing and sent with the order to the Court.

The Pretrial Order shall be prepared by counsel for the __________ within ___ days of the pretrial conference and present the proposed Pretrial Order to all other counsel, who shall state objections thereto in writing, and forward those objections and the Pretrial Order to the Court within 10 days of the objecting attorneys’ receipt of the proposed Pretrial Order.

CRITICAL

Applies to

Temporary support order

If the marriage has minor children, the order must include the specified UCCJEA information or an affidavit containing it, along with a completed child support worksheet and temporary parenting plan.

If there are minor children of the marriage, the order must also include the information required by UCCJEA 209, K.S.A. 23- 37,209,or be accompanied by an affidavit containing that information ,as well as a completed child support worksheet, and a temporary parenting plan.

CRITICAL

Must include

caption, case number

Each document must include the court name, caption, applicable case number, filer contact and signature information, and the required attorney registration information.

e. Required Information. The document must include the following: 1. the name of the court in the center of the top of the first page; 2. the case caption and, if the document is filed in an existing case, the case number on the top of the first page below the name of the court; 3. the name, signature, address, telephone number, fax number if any, and e-mail address if any, of the person filing the document; and 4. the attorney's Kansas registration number after the attorney's name if the document is filed by a Kansas attorney or the attorney's state and registration number if the document is filed by an attorney not licensed in Kansas.

CRITICALCivil cases

The pretrial submission must state whether trial briefs are planned and, if so, provide a proposed filing schedule.

16. Do you plan to file trial briefs? If so, set forth proposed time schedule for filing.

CRITICAL

Applies to

Pleading

Each pleading must have the signing attorney’s or person’s name typed immediately below the signature line.

All pleadings shall have typed thereon, immediately below the signature line of the pleadings, the name of the attorney or person signing the pleading.

CRITICAL

Applies to

Supplemental application

To add Bail Agents after approval, an applicant must complete and submit a compliant supplemental application to the Chief Judge and file it with the Clerk of the District Court.

If, following approval, the applicant wants to add additional Bail Agents, the applicant must complete and submit a supplemental application that meets the requirements of this Rule to the Chief Judge and file it with the Clerk of the District Court.

CRITICAL

To seek an exception to the garnishment limit, the party must certify in writing that the garnishment is not for harassment and state facts supporting a belief that the garnishee holds nonexempt debtor property or credits.

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 certify in writing; (a) 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 which are not exempt from execution.

CRITICALCriminal cases

Applies to

Notice

The surety’s written notice concerning a Bail Agent must be filed with the Clerk of the District Court.

In addition, when Bail Agents are no longer authorized to write bonds or are no longer employed by the Surety, the surety shall notify the Chief Judge, in writing, within three (3) business days, that said person is no longer authorized by the surety to write appearance bonds, or serve as their bail agent and the notice shall be filed with the Clerk of the District Court.

CRITICAL

Applies to

Pre trial or pre hearing conference order

If no agreed conference order has been filed by the conference date, attendance is required and the court may sanction an unexcused absence.

If no agreed conference order has been filed by the date of the conference, attendance at the Pretrial Conference Date is required, and the court may sanction any unexcused absence.