Sedgwick County District Court Document Filing Requirements

CRITICAL

Applies to

Final support order

Except as otherwise provided in K.S.A. 23-3103, each final order in the Eighteenth Judicial District containing orders of support that are assigned to the Office of the Court Trustee for enforcement shall include the following provisions: 1. IT IS FURTHER ORDERED that an income withholding order shall be issued immediately as required by K.S.A. 23-4,105 et seq. The Office of the District Court Trustee shall immediately prepare the income withholding order, notice and answer forms for filing and service to the obligor's payer of income.

Except as otherwise provided in K.S.A. 23-3103, each final order in the Eighteenth Judicial District containing orders of support that are assigned to the Office of the Court Trustee for enforcement shall include the following provisions: 1. IT IS FURTHER ORDERED that an income withholding order shall be issued immediately as required by K.S.A. 23-4,105 et seq. The Office of the District Court Trustee shall immediately prepare the income withholding order, notice and answer forms for filing and service to the obligor's payer of income.

CRITICAL

Applies to

CV LM Defendant Information Sheet

A defendant who disagrees with the allegations must explain why in the designated space on the form.

If you return the form and you DISAGREE with the allegations against you, you must explain why in the space provided on the form.

CRITICAL

Applies to

Surety application

The application must be completed and include the records-release authorization, valid identification, and the maximum authorized amount for an individual appearance bond.

F. A completed application, including the Authorization for Release of Records, a copy of a valid driver’s license or photo ID, and a statement of the maximum monetary limit authorized on any individual appearance bond.

CRITICAL

Applies to

Eviction petition and summons

Plaintiffs in LM eviction cases must include the Clerk of the District Court's memo with the Petition and Summons and Alias Summons served on defendants.

All plaintiffs in Limited Action (LM) EVICTION CASES must include one additional document with the Petition and Summons and Alias Summons to be served upon defendants. The additional document is the Clerk of the District Court's MEMO to defendants in Eviction cases.

CRITICAL

Applies to

Journal entry of judgment

A Journal Entry of Judgment must be submitted in a case where the parties have announced settlement.

In all cases the parties have announced for settlement, a Journal Entry of Judgment shall be submitted within 21 days of the announced settlement. Any such case not journalized within 21 days shall be administratively dismissed without prejudice.

CRITICAL

Applies to

Motion to change custody residency or parenting time

A motion to change custody, residency, or parenting time must be accompanied by 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).

CRITICALCriminal cases

Applies to

Letter of credit

Letters of Credit must be reviewed by the District Attorney, approved by the Chief Judge, and retained by the Clerk after the application is approved.

All such letters of credit must be reviewed by the District Attorney and approved by the Chief Judge. Letters of Credit shall be retained by the Clerk of the District Court, following approval of the application.

CRITICAL

Applies to

Temporary order

The temporary-order materials must include a hearing provision notifying the other party of the right to a hearing to modify the temporary orders and complying with the Family Law Department’s docket and scheduling requirements.

15. Hearing provision, which notifies the other party of a right to a hearing to modify the temporary orders and complies with the Family Law Department’s docket and scheduling requirements;

CRITICAL

Applies to

Surety application

A compensated surety may not act in a judicial district before the application is approved.

A compensated surety shall not act as a surety in such judicial district prior to approval of such application.

CRITICALCriminal cases

Applies to

Supplemental letter of credit

A supplemental Letter of Credit must meet all rule requirements and remain in effect 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.

CRITICALCriminal cases

Applies to

Supplemental application

An applicant adding Bail Agents after approval must submit a supplemental application meeting the Rule’s requirements 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

Applies to

Temporary order

In a paternity case, ex parte temporary orders regarding child support, custody, or restraint are not authorized under the Parentage Act.

In a paternity case, The Parentage Act under K.S.A. 23-2201 et. seq., does not authorize ex parte temporary orders regarding child support, custody or restraint.

CRITICAL

Applies to

Surety report

The report must be reviewed and confirmed by the current and prospective sureties before submission to the Court.

This report must also be reviewed and confirmed by the current and prospective sureties prior to its submission to the Court.

CRITICAL

Applies to

Temporary order

The temporary-order materials must designate who will provide health insurance coverage for the children.

6. A designation about who will provide health insurance coverage for the child(ren);

CRITICAL

Applies to

Journal entry of dismissal

If the parties reconcile before trial, the filing party must promptly notify their attorney; if the petitioner has no attorney, the filing party must promptly prepare and present a Journal Entry of Dismissal to the Court.

In event of a reconciliation of the parties before trial, the filing party shall promptly notify his or her attorney, or if petitioner does not have an attorney, shall promptly prepare and present to this Court a Journal Entry of Dismissal.

CRITICAL

Applies to

Surety application

Each property surety application must include an affidavit describing the pledged property, its encumbrances, the surety’s other liabilities, and the property’s valuation; an appraisal may be required if the valuation is not readily evident and, if required, must be included in the affidavit.

3. The application for each property surety also shall include: 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.

CRITICAL

Applies to

Ex parte temporary order

The Parentage Act does not authorize ex parte temporary orders regarding child support, custody, or restraint in paternity cases.

The Parentage Act under K.S.A. 23-2201 et. seq., does not authorize ex parte temporary orders regarding child support, custody or restraint.

CRITICAL

Applies to

Orders necessary to implement settlement agreement

After successful completion of CFL, the parties must journalize and file with the Court any orders necessary to implement the settlement agreement.

Upon successful completion of CFL, the parties have an obligation to journalize and file with the Court any orders necessary to implement the settlement agreement.

CRITICAL

Applies to

Temporary order

The temporary-order materials must include the reconciliation provision set out in the document.

12. This Reconciliation provision:

CRITICALCriminal cases

Applies to

Surety application

A compensated surety must submit an application to the chief judge or designee and file it with the District Court Clerk before acting as a surety in the district.

Every compensated surety shall submit an application to the chief judge of the judicial district, or the chief judge’s designee, in each judicial district where such surety seeks to act as a surety. A compensated surety shall not act as a surety in such judicial district prior to approval of such application. The application must be filed with the Clerk of the District Court of the 18th Judicial District.

CRITICALCriminal cases

Applies to

Surety withdrawal

A surety may withdraw before its bonding authority expires, but the withdrawal is effective only when made in writing to the Chief Judge and filed with the Clerk; it does not terminate supporting letters of credit early.

A compensated surety may withdraw from writing bonds prior to expiration of the bonding authority granted under this rule. Any withdrawal from writing bonds prior to the expiration of the bonding authority granted under this rule is not effective until made in writing to the Chief Judge and filed with the Clerk of the District Court, and it shall not result in the early termination or withdrawal of any letter(s) of credit submitted in support of the application(s) submitted under this rule.

CRITICAL

Applies to

Pre trial conference order

A Pre-Trial Conference Order must include required legal and local-rule information, conference and trial dates, initial witness, exhibit, and issue lists, and an initial proposed debt and asset division when property division is at issue; the stated lists and property proposals may be updated within the specified periods.

Any Pre-Trial conference order must include a) all information required by law and local rules, b) the date of the settlement conference, and c) the date of the trial. An initial list of witnesses, exhibits, and issues/contentions must be included. Witnesses and exhibits may be amended up to 10 days before trial. In any case where property division is an issue, the parties must include an initial list of proposed division of debts and assets. The list of property to be divided may be updated at will up to 10 days prior to trial. The proposed values and division of property may be updated until the time of trial.

CRITICAL

Applies to

Surety application

Each insurance agent surety application must include a current and valid insurance-department license certificate.

2. The application for each insurance agent surety also shall include: B. a current and valid certificate of license from the insurance department; and

CRITICALCivil cases

d. Should case receive priority setting and if so, why? (If due to out-of-town witnesses, please specify.)

d. Should case receive priority setting and if so, why? (If due to out-of-town witnesses, please specify.)

CRITICAL

Applies to

Final support order

Covered final support orders must include a provision requiring the obligor to pay child support to the Kansas Payment Center by the order’s due date until withholding begins.

h. Except as otherwise provided in K.S.A. 23-3103, each final order in the Eighteenth Judicial District containing orders of support that are assigned to the Office of the Court Trustee for enforcement shall include the following provisions: 2. IT IS FURTHER ORDERED that, until the commencement of withholding by a payer/employer, the obligor shall pay all child support payments required by the support order. Payments shall be remitted by the obligor to the Kansas Payment Center on or before the due date specified in the order.

CRITICAL

Applies to

Application for authorization

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

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

Surety application

Each property surety application must include any letters of credit the surety proposes to use as security for appearance bonds.

3. The application for each property surety also shall include: C. Any letter(s) of credit the surety proposed to use as security for appearance bonds.

CRITICALCriminal cases

Applies to

Affidavit of compensated surety bail agent for appearance bond

For each bond written, the bail agent must complete and return the specified affidavit form in a timely manner.

The bail agent timely completes and returns the “Affidavit of Compensated Surety/Bail Agent for Appearance Bond” form for each bond written;

CRITICAL

Applies to

Surety application

Each property surety application must list its authorized bail agents and include their documentation demonstrating compliance with the rule.

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.

CRITICAL

Applies to

Family law case filing

Parties filing a Family Law case must disclose any existing PFA or PFSSA order pertaining to the parties.

Parties filing a Family Law case are required to disclose any existing PFA or PFSSA order, pertaining to the parties, which is already in effect.

CRITICAL

Applies to

Temporary order

Any deviation in a temporary order from subsection f must be brought to the Court’s attention for specific approval.

If there are deviations in temporary orders from the requirements listed in subsection f below, such deviations must be brought to the attention of the Court for the Court to specifically approve.

CRITICAL

Applies to

Temporary order

For an e-filed temporary order with deviations, the filing party must note the deviations in the document and communicate them to the judge.

For e-filed deviated temporary orders, the filing party is responsible for noting the deviations in the document AND communicating the deviation to the judge.

CRITICAL

Applies to

Temporary order

The temporary-order materials must include a statutory-compliant prohibition on removing a child from the state or the specified language.

3. A prohibition against leaving the state with a child that conforms to statute or the following language: “Removal of the child(ren) from this State without permission of the Court is prohibited unless otherwise agreed in writing by both parents in advance.”

CRITICAL

Applies to

Participation agreement

The parties and counsel enter into a Participation Agreement setting out the process, requiring full financial disclosure by both parties, and barring both attorneys from representing their clients in specified subsequent proceedings.

The parties and counsel enter into a Participation Agreement which sets forth the CFL process which the parties shall follow, requires full and complete disclosure of all financial information by both parties, and precludes both attorneys from representing their clients in subsequent proceedings in the event the negotiations reach an impasse, or in the event either party elects to withdraw from the CFL process.

CRITICALCivil cases

Applies to

Motion to compel discovery

Must include

local rule certificate

A motion filed under K.S.A. 60-237 must include a certificate of compliance with the rule.

Counsel for the moving party shall file a certificate of compliance with this rule with any motion filed under K.S.A. 60-237.

CRITICAL

Applies to

Pre trial conference order

A Pre-Trial Conference Order must be on file when the Mandatory Settlement Conference begins and must include a proposed division of assets and debts when property division is at issue.

Mandatory Settlement Conferences shall be held approximately three weeks before the trial, on Mondays at 8:45 a.m. The exact date and time of the trial settlement conference shall be set in the Pre-Trial Conference Order. There must be a Pre-Trial Conference Order, including a proposed division of assets and debts when property division is an issue, on file by the time the Mandatory Settlement Conference begins.

CRITICAL

Applies to

Family law case filing

A party filing a Family Law case must disclose any existing PFA or PFSSA order pertaining to the parties.

Parties filing a Family Law case are required to disclose any existing PFA or PFSSA order, pertaining to the parties, which is already in effect.

CRITICAL

Applies to

Surety application

The application must include a copy of the applicant’s valid Kansas driver’s license or nondriver’s identification card.

A. A copy of the applicant’s valid Kansas driver’s license or nondriver’s identification card;

CRITICAL

Applies to

Protection from abuse or stalking or sexual abuse petition

Parties filing a Protection from Abuse or Protection from Stalking or Sexual Abuse petition must disclose any existing Family Law order pertaining to the parties.

Parties filing a Protection from Abuse or a Protection from Stalking or Sexual Abuse petition are required to disclose the existence of any existing Family Law order, pertaining to the parties, which is already in effect.

CRITICALCriminal cases

Applies to

Suspension or termination notice

Except for a suspension based on failure to pay a judgment within 30 days, written notice must be given and state the reason for the suspension or termination.

Written notice of suspension or termination of bonding privileges, except for a suspension due to failure to pay a judgment within 30 days of it being granted, shall be given to the surety or bail agent. Such notice of suspension or termination shall state the reason for the suspension or termination and be mailed by regular mail to the address on file with the Court as provided in the most current application.

CRITICALCivil cases

4. Request for admissions and stipulations: a. The Court has jurisdiction over the parties and the subject matter. b. Venue is proper in __________ County, Kansas.

4. Request for admissions and stipulations: a. The Court has jurisdiction over the parties and the subject matter. b. Venue is proper in __________ County, Kansas.

CRITICAL

Applies to

Camera coverage request

Coverage requests must include the defendant’s full name and, if available, the case number.

Requests must include the defendant’s full name, and the case number if available.

CRITICAL

Applies to

Affidavit or verified motion

An affidavit or verified motion supporting a requested change must specifically state all reasons for the change.

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.

CRITICAL

Applies to

Plea

A different plea acknowledgment form requires advance approval from the judge taking the plea.

Use of any other form must be approved in advance by the judge taking the plea.

CRITICAL

Applies to

Case closure

The Clerk may not close a civil or domestic case on the appearance docket until a Journal Entry of final disposition has been filed with the Clerk.

The Clerk shall not close any civil or domestic case on the appearance docket until a Journal Entry of final disposition in the case is filed in the office of the Clerk.

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, and must be accompanied by 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

Applies to

Pre trial conference order

A Pre-Trial Conference Order must be on file by the start of the Mandatory Settlement Conference and must include a proposed division of assets and debts when property division is at issue.

There must be a Pre-Trial Conference Order, including a proposed division of assets and debts when property division is an issue, on file by the time the Mandatory Settlement Conference begins.

CRITICAL

Applies to

Orders necessary to implement settlement

After successful completion of CFL, the parties must journalize and file any orders needed to implement the settlement agreement.

Upon successful completion of CFL, the parties have an obligation to journalize and file with the Court any orders necessary to implement the settlement agreement.

CRITICAL

Applies to

Temporary order

All temporary orders requiring one party to move out of a shared residence shall provide that the move occur forty-eight (48) after service upon the Respondent, unless exceptional circumstances are outlined in a sworn affidavit by the Petitioner and an exception is granted at filing by a judge.

All temporary orders requiring one party to move out of a shared residence shall provide that the move occur forty-eight (48) after service upon the Respondent, unless exceptional circumstances are outlined in a sworn affidavit by the Petitioner and an exception is granted at filing by a judge.

CRITICAL

Applies to

Child in need of care case records

All records from the child-in-need-of-care case, including the social file, must be made available to the related family-law or probate department judge.

all records pertaining to the child in need of care case, including the social file, shall be made available to the family law or probate department judge.