Sedgwick County District Court Document Filing Requirements

CRITICALCivil cases

The pretrial submission must state whether any party requires a guardian ad litem.

9. Guardian ad litem: Does any party require a guardian ad litem?

CRITICAL

Applies to

Bond reduction modification motion

Must include

certificate of service

Bond reduction or modification motions must include notice of the hearing date and a certificate of service.

Such motions must be in writing and include a notice of the hearing date and certificate of service.

CRITICAL

Applies to

Request for modification

When the specified matters have been ordered temporarily, a modification request will not be accepted without the documents required by Rules 406 and 407.

NOTE: If temporary support and/or custody, residency or parenting time have been ordered in the temporary order, the Clerk shall not accept a request for modification of same without the accompanying documents required by Rules 406 & 407.

CRITICAL

Applies to

Notice of intent to dismiss

The Clerk must prepare a Notice of Intent to Dismiss and a Journal Entry of Dismissal.

The Clerk shall prepare a Notice of Intent to Dismiss (hereinafter referred to as “NID”), and a Journal Entry of Dismissal

CRITICAL

Applies to

Temporary order

Temporary support payments must be stated as monthly amounts, but the order may allow more frequent installments.

Temporary Support payments must be stated in monthly amounts, although the order may also provide that the monthly payments may be paid in more frequent installments.

CRITICAL

Applies to

Settlement conference notice

If a Mandatory Settlement Conference is held outside the courthouse or at a different time from the court’s schedule, written notice to the court must certify that it took place.

Written notice to the court must be provided if a Mandatory Settlement Conference is conducted outside the courthouse or at a time other than that scheduled by the court, certifying that such settlement conference took place.

CRITICAL

Applies to

District court administrative order

District Court Administrative Orders must be filed with the Clerk of the District Court, and copies must be furnished to the Sedgwick County Law Library.

All District Court Administrative Orders will be filed with the Clerk of the District Court. Copies of such orders shall be furnished to the Sedgwick County Law Library.

CRITICAL

Applies to

Limited case management report and recommendation

When legal custody, residency, or parenting time is at issue, the LCM Report and Recommendation must address all statutory factors in K.S.A. § 23-3203.

If legal custody, residency, or parenting time are at issue, the LCM Report and Recommendation shall specifically address all statutory factors in K.S.A. § 23-3203.

CRITICAL

Applies to

Final child support order

A party or attorney filing a final child support order must also file a support information worksheet.

A party or attorney filing a "final" child support order with the Clerk shall also file a support information worksheet which will provide the Office of the Court Trustee with the current information necessary to perform its duties pursuant to this rule.

CRITICAL

Applies to

Final support order

Until income withholding begins, the obligor must remit support payments to the Kansas Payment Center by the due date in the order.

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

Medical malpractice screening panel request

A request for a medical malpractice screening panel must include a short statement identifying the alleged medical failures and injury; a general allegation of negligence is insufficient, and the statement does not limit later allegations.

Any party filing a request for medical malpractice screening panel shall file with the request: a. A short statement explaining the basic medical failures alleged and the nature of the alleged injury. (That defendant was negligent or deviated from care generally is not sufficient. There must be some identification of the claimed injury and some brief statement of the suspected departures from standard practice.) This statement shall not be binding or limit the plaintiff from other allegations which become known thereafter.

CRITICAL

Applies to

Camera coverage request

Must include

case number

Coverage requests must be written, except for first appearances, and must include the defendant’s full name and the case number if available.

Requests (with the exception of requests to cover 1st appearances) must be in writing. Requests must include the defendant’s full name, and the case number if available.

CRITICAL

Applies to

Temporary support order

Temporary support payments must be stated as monthly amounts, but the order may allow payment in more frequent installments.

Temporary Support payments must be stated in monthly amounts, although the order may also provide that the monthly payments may be paid in more frequent installments.

CRITICAL

Applies to

Pretrial motion

Must include

certificate of service

Chapter 60 pre-trial motions must state the hearing date and time and include a certificate of service.

All pre-trial motions shall contain a notice of the time and date of hearing, and a certificate of service upon the opposing party or counsel.

CRITICAL

Applies to

Medical malpractice screening panel request

Must include

proposed order

A medical malpractice screening panel request must include a proposed order signed by counsel and ready for the Court’s signature authorizing release of medical records and X-rays to counsel for all named defendants; counsel’s names need not be specified.

Any party filing a request for medical malpractice screening panel shall file with the request: b. An Order signed by counsel and ready for the Court's signature authorizing the release of medical records and X-rays, etc. to counsel for all named defendants. (The names of counsel need not be specified, as they will be unknown at that time.)

CRITICAL

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.

CRITICAL

Applies to

Summons

A summons must be issued in a divorce, annulment, or separate maintenance case unless a Family Law Department judge approves otherwise.

A summons shall be issued in a divorce, annulment or separate maintenance case unless approval to the contrary has been obtained from a judge of the Family Law Department.

CRITICAL

Applies to

Motion to seal

Must include

proposed order

A request to file under seal requires a written motion and proposed order submitted with associated papers to the designated judge for review; the motion must explain the request and address confidentiality provisions.

A party seeking permission to file a document “under seal” must prepare a written motion setting out the request and a proposed order, and submit the motion, proposed order, and any associated papers either to the Presiding Judge of the Criminal Department or the assigned criminal department/sentencing judge for review. The motion must state the reasons why counsel seeks to file “under seal” and set forth any other provisions relating to confidentiality of the documents counsel seeks to seal.

CRITICAL

Applies to

Motion hearing notice

All motions must be noticed for hearing in the assigned Family Law judge’s courtroom at the specified courthouse address.

All motions shall be noticed for hearing in the courtroom of the Assigned Family Law Judge, Sedgwick County Courthouse, 525 N. Main, Wichita, Kansas.

CRITICAL

Applies to

Court document

Must include

caption, case number

Each document must include the specified court and case information, filer contact and signature information, and applicable 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.

CRITICAL

Applies to

Temporary order

For an e-filed temporary order that deviates from the standard, the filing party must identify the deviation in the document and communicate it to the judge.

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

CRITICAL

Applies to

Temporary order

A requested temporary order must be presented to a Family Law Department judge for signature.

If a party requests a temporary order, the order shall be presented to a judge in the Family Law Department...Judges will be available to sign such orders each day that the Court is in session.

CRITICALCriminal cases

Applies to

Surety application

Each application for an insurance agent surety, property surety, or bail agent must include the specified identification, statements, certificates, attestations, release, and bond-limit information; applicants must also provide fingerprints at the Sheriff’s Office.

1. The application shall include the following information for each insurance agent surety, property surety or bail agent: A. A copy of the applicant’s valid Kansas driver’s license or nondriver’s identification card; B. A statement, made under penalty of perjury, that the applicant is a resident of this state and is not prohibited by K.S.A. 22-2809a(c), and amendments thereto, from acting as a surety; C. A certificate of continuing education compliance in accordance with Kansas law; 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. E. A signed release from the applicant allowing the Court, or its designee, to conduct a state and national criminal history records investigation on the applicant, consistent with K.S.A. 22-2809b(b)(4). Applicants shall present themselves to the Sedgwick County Sheriff’s Office to provide fingerprints for submission to the Kansas Bureau of Investigation and pay any fees associated with this process. 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

Bonding privileges application

A Compensated Surety must submit an application under the order by June 1 each year to remain in good standing for the next bonding period.

In order to retain bonding privileges, a Compensated Surety must submit an application, pursuant to this order, no later than June 1 of each year to remain in good standing for the next twelve (12) month bonding period [July 1 to June 30].

CRITICAL

Applies to

Medical malpractice screening panel request

A medical malpractice screening panel request must include a list of all providers who treated the plaintiff in the preceding five years, including hospitals, with full names and addresses 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.

CRITICALCivil cases

Counsel must bring scheduling calendars to the pretrial conference.

(Counsel are required to bring scheduling calendars to the pretrial conference.)

CRITICAL

Applies to

Refund request

A refund request must be 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.

CRITICALCivil cases

The pretrial submission must address settlement prospects and whether a settlement conference would assist.

15. Settlement: a. What are the prospects of settlement? b. Would a settlement conference be of assistance?

CRITICAL

Applies to

Written notice

If a Mandatory Settlement Conference is held outside the courthouse or at a different time than scheduled, written notice to the court must certify that the conference took place.

Written notice to the court must be provided if a Mandatory Settlement Conference is conducted outside the courthouse or at a time other than that scheduled by the court, certifying that such settlement conference took place.

CRITICAL

Applies to

Motion for distribution of appraisers award

Before filing the distribution motion, the condemnor’s attorney must examine the title evidence and propose a disbursement plan establishing any priorities among parties entitled to compensation.

Prior to filing such motion, condemnor’s attorney shall examine the title evidence based upon which the parties were named. Relying thereon, and on information made known to condemnor during the proceedings, said attorney shall propose a plan of disbursement establishing the priorities, if any, of the parties entitled to receive the compensation.

CRITICAL

Applies to

Temporary order

The temporary-order materials must include child support accompanied by a worksheet conforming to the Kansas Child Support Guidelines and these rules.

5. Child support accompanied by a child support worksheet that conforms with the Kansas Child Support Guidelines and these rules;

CRITICAL

Applies to

Temporary order

The temporary-order materials must address the temporary division of property and debts.

10. Temporary division of property and debts;

CRITICALCivil cases

Applies to

Pre trial questionnaire

The original pre-trial questionnaires must be filed with the clerk only if the parties fail to file an agreed Pre-Trial Order before the formal conference.

The originals of the pre-trial questionnaire shall be filed with the Clerk of the District Court only if the parties fail to file an agreed Pre-Trial Order before the holding of a formal conference.

CRITICAL

Applies to

Surety application

The application must include a statement under penalty of perjury that the applicant is a Kansas resident and is not legally prohibited from acting as a surety.

B. A statement, made under penalty of perjury, that the applicant is a resident of this state and is not prohibited by K.S.A. 22-2809a(c), and amendments thereto, from acting as a surety;

CRITICALCriminal cases

Applies to

Felony plea

Every felony guilty or nolo contendere plea must include a fully executed approved acknowledgment form, which supplements rather than replaces K.S.A. 22-3210 requirements.

All felony pleas of guilty or nolo contendere shall be accompanied by a fully executed "Defendant's Acknowledgment of Rights and Entry of Plea" form. The form approved by the judges of the 18th Judicial District, as well as subsequent changes, will be published on the dc18.org/forms website. This form is intended to supplement not replace or be a substitute for any of the requirements of K.S.A. 22-3210.

CRITICAL

Applies to

Mediation agreement

A mediation agreement must be put in writing and delivered to the ADR coordinator for submission to the Court for approval.

Any mediation agreement reached between the parties shall be reduced to writing and delivered to the ADR coordinator, who shall deliver it to the Court for approval.

CRITICAL

The clerk may not disburse funds in an eminent domain proceeding without a court order.

Under no circumstances will the clerk disburse funds in any eminent domain proceeding absent the order of the Court.

CRITICAL

Applies to

Pre trial conference order

A Pre-Trial Conference Order must include information required by law and local rules, the settlement-conference and trial dates, and initial lists of witnesses, exhibits, and issues or contentions.

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.

CRITICAL

Applies to

Final child support order

A final child-support order must require immediate issuance of an income withholding order unless all interested parties have a written alternative-payment agreement.

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

Temporary order

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

13. This enforcement provision:

CRITICAL

Applies to

Appearance bond

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

b. 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

Journal entry of dismissal

Upon reconciliation, petitioner's counsel—or the petitioner if unrepresented—must promptly submit a Journal Entry of Dismissal.

In the event of reconciliation, it shall be the duty of counsel for Petitioner, or the Petitioner's duty if he or she is not represented by counsel, to promptly submit a Journal Entry of Dismissal.

CRITICAL

Applies to

Final support order

Covered final support orders must direct support payments to the Kansas Payment Center and state that the Center deducts a fee to defray the Trustee office’s operating expenses.

3. IT IS FURTHER ORDERED that all support payments shall be paid to the Kansas Payment Center, P.O. Box 758599, Topeka, KS 66675 8599, and a fee shall be deducted there from by the Kansas Payment Center to defray the expense of the operation of the Office of the District Court Trustee. All support payments shall be payable to the order of the Kansas Payment Center.

CRITICAL

Applies to

Notice of intent to appear

Must include

certificate of service

The Notice of Intent to Appear form includes a certificate of service.

CERTIFICATE OF SERVICE I hereby certify that on the _____ day of , 20___, I mailed a copy of the above Notice of Intent to Appear to the Attorney or Petitioner Pro Se named above at the address given above by Certified Mail—Return Receipt Requested.

CRITICAL

Applies to

Temporary order

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

11. This restraint provision:

CRITICAL

Applies to

Temporary parenting plan

In a divorce case, a temporary parenting plan may not change the child’s de facto residency without sworn testimony supporting extraordinary circumstances.

In a divorce case, a temporary parenting plan cannot change the de facto residency of the child(ren) without sworn testimony to support a showing of extraordinary circumstances.

CRITICAL

Applies to

Temporary order

The temporary-order materials must address spousal maintenance or state that it is declined.

7. Spousal maintenance, or a declination of the same;

CRITICAL

Applies to

Protection from abuse or stalking or sexual abuse petition

A party filing a Protection from Abuse, 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.

CRITICAL

Applies to

Limited case management report and recommendation

After the investigation, the limited case manager must prepare a Report and Recommendation and submit it to the ADR coordinator.

After the investigation is complete, the Limited Case Manager shall write a Report and Recommendation, and shall submit the same to the ADR coordinator.

CRITICAL

Applies to

Surety application

An applicant must provide any additional information the Chief Judge requests about the applicant’s ability or qualifications to issue appearance bonds.

H. Any other information as may be requested by the Chief Judge regarding the applicant concerning his/her ability or qualifications to issue appearance bonds.