Sedgwick County District Court Document Filing Requirements

CRITICALCivil cases

Witnesses and exhibits must be specifically and precisely listed; general classifications are not acceptable.

*General classifications of witnesses and exhibits are not acceptable. You must be precise and specifically list each and every witness and exhibit.

CRITICAL

Applies to

Notice of intent to appear

The original must be filed with the Clerk of the District Court.

FILE ORIGINAL AND PAY PARENTING WORKSHOP FEE WITH CLERK OF THE DISTRICT COURT, 7TH FLOOR, SEDGWICK COUNTY COURTHOUSE, AND MAIL A COPY TO:

CRITICAL

Applies to

Final spousal support order

Final orders providing only spousal support must include the specified maintenance-withholding provision, subject to its stated conditions and written-agreement exception.

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.

CRITICALCriminal cases

Applies to

Letter of credit

A property surety must pledge a qualifying Letter of Credit of at least $100,000; no other property is acceptable.

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

CRITICAL

Applies to

Pre trial conference order

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

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

CRITICALCriminal cases

Applies to

Journal entry of bond forfeiture

If the forfeiture is not set aside, the Court shall request the District Attorney to prepare a Journal Entry of Bond Forfeiture of the appearance bond and file a Motion for Judgment on said bond forfeiture to be set for hearing not less than 60 days following the filing of the Motion for Judgment.

If the forfeiture is not set aside, the Court shall request the District Attorney to prepare a Journal Entry of Bond Forfeiture of the appearance bond and file a Motion for Judgment on said bond forfeiture to be set for hearing not less than 60 days following the filing of the Motion for Judgment.

CRITICAL

Applies to

Temporary order

A temporary order providing for a minor child’s temporary legal custody must include an affidavit addressing the specified circumstances, current physical custody and parenting plan, residence status, each parent’s employment, and the child’s special needs.

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

Court transcript

A transcript filed in Odyssey must be accompanied by an approved Certificate of Completion of Transcript.

The filing of a court transcript in Odyssey is prohibited. Only current or retired Official Court Reporters and transcriptionists may file transcripts in Odyssey, where the filing must be accompanied by an approved Certificate of Completion of Transcript.

CRITICAL

Applies to

Surety application

A compensated surety must apply to the chief judge or designee in every judicial district where the surety seeks to act.

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.

CRITICAL

Applies to

Separate motion

A request for temporary child support, custody, or restraint in a paternity case must be made by separate motion.

Any request for same shall be made by separate motion.

CRITICAL

Applies to

Final support order

Covered final support orders assigned to the Court Trustee must include a provision for immediate issuance of an income withholding order and immediate preparation of the related forms.

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: 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

Motion notice or response to modify temporary order

A motion, notice, or response seeking modification of a temporary order must be accompanied by all documents required by the cited rules and statutes.

The Motion, Notice, or Response must be accompanied all documents required by Supreme Court Rule 139 and K.S.A. § 23-2707 & 23-3212.

CRITICAL

Applies to

Temporary order

The filing party must identify a non-standard provision in the e-filing screen’s “Note from Filer” section and contemporaneously email the assigned judge.

The filing party shall communicate by making a note in the “Note from Filer” section on the e-file screen, AND by contemporaneously sending an email to the assigned judge notifying the judge of the non-standard provision.

CRITICAL

Applies to

Temporary order

The temporary-order materials must include a KPC Order.

8. A KPC Order;

CRITICAL

Applies to

CV LM Defendant Information Sheet

A defendant who denies the allegations must explain why in the space provided above on the form.

If you return this form to the Clerk and deny the allegations against you, you must explain why above.

CRITICALCivil cases

The pretrial submission must state any procedural problems or recommendations.

17. State any procedural problems or recommendations:

CRITICAL

Applies to

Orders necessary to implement arbitrators decision

Upon completion of arbitration, the parties shall journalize and file with the Court any orders necessary to implement the arbitrator's decision within 14 days.

Upon completion of arbitration, the parties shall journalize and file with the Court any orders necessary to implement the arbitrator's decision within 14 days.

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 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.

CRITICAL

Applies to

Temporary order

The temporary-order materials must include a Parent Education provision.

14. Parent Education provision;

CRITICALCivil cases

Applies to

Pretrial motion

Must include

certificate of service

All pretrial motions in Chapter 60 cases must include the hearing date and time and a certificate of service on opposing counsel or the opposing party.

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.

CRITICALCivil cases

The referenced list must include the plaintiff’s date of birth.

The above list shall include the plaintiff's date of birth.

CRITICAL

Applies to

Surety application

The application must be filed with the Clerk of the District Court of the 18th Judicial District.

The application must be filed with the Clerk of the District Court of the 18th Judicial District.

CRITICALCivil cases

Applies to

Pretrial statement

For the specified Chapter 61 and un-pre-tried Chapter 60 cases, attorneys or unrepresented parties must prepare, sign, and file a Pretrial Statement with the assigned judge on a judge-approved form 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. The "Pretrial Statement" shall be submitted on a form approved by the said Judge.

CRITICAL

Applies to

Notice of intent to appear

The materials must include a Notice of Intent to Appear form substantially similar to the pro se form maintained on the www.dc18.org website.

16. Notice of Intent to Appear form, substantially similar to the pro se form maintained on the www.dc18.org website.

CRITICAL

Applies to

Temporary order

An ex parte temporary child support order may not use the Shared Expense Plan because that plan requires the parties’ agreement.

No temporary child support orders that are issued ex parte may use the Shared Expense Plan, as that plan requires agreement between the parties.

CRITICAL

Applies to

Temporary order

Information about the parent education classes must be provided to Petitioner by the Court or, if Petitioner is represented, by counsel, and attached to the temporary order for Respondent.

Information on such classes shall be provided to Petitioner by the Court, or if Petitioner is represented, by Petitioner’s counsel, and shall be attached to this temporary order for Respondent's benefit.

CRITICAL

Applies to

Motion notice or response

A motion, notice, or response seeking to modify a temporary order must be accompanied by all documents required by Supreme Court Rule 139 and the cited statutes.

The Motion, Notice, or Response must be accompanied all documents required by Supreme Court Rule 139 and K.S.A. § 23-2707 & 23-3212.

CRITICAL

Applies to

Journal entry or order

Must include

judge name

Journal entries and orders must show the name of the judge who heard the matter, except for uncontested matters and agreed orders.

All Journal Entries and Orders shall show the name of the Judge who heard the matter, unless it is an uncontested matter or it is an agreed order.

CRITICAL

Applies to

Final support order

A new or modified final support order must comply with K.S.A. 23-3103.

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.

CRITICALCriminal cases

Applies to

Surety transfer report

A bonding agent transferring between sureties must submit a report of all pending appearance bonds, reviewed and confirmed by both sureties before submission.

G. In addition to the other requirements of this section, bonding agents seeking to transfer from one surety to another must provide a report to the Court of all their pending appearance bonds to document which bonds will remain with the current surety and which bonds, if any, to which the proposed new surety will be obligated. This report must also be reviewed and confirmed by the current and prospective sureties prior to its submission to the Court.

CRITICAL

Applies to

Release

All parties must sign the releases needed to authorize communication with a nonparty.

All parties shall sign the necessary releases authorizing this communication per Supreme Court Rule 908(c)(4).

CRITICAL

Applies to

Court transcript

A transcript filed in Odyssey by an authorized filer must be accompanied by an approved Certificate of Completion of Transcript.

Only current or retired Official Court Reporters and transcriptionists may file transcripts in Odyssey, where the filing must be accompanied by an approved Certificate of Completion of Transcript.

CRITICAL

Applies to

Bonding authority withdrawal

A compensated surety may withdraw before its bonding authority expires, but the withdrawal is not effective until made in writing to the Chief Judge and filed with the Clerk of the District Court.

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

Pending appearance bond report

A bonding agent transferring to another surety must report all pending appearance bonds and identify which will remain with the current surety; the source text ends mid-requirement.

G. In addition to the other requirements of this section, bonding agents seeking to transfer from one surety to another must provide a report to the Court of all their pending appearance bonds to document which bonds will remain with the current surety and which bonds, if any, to

CRITICAL

Applies to

Ex parte temporary order

If a party files an ex parte Temporary Order, the following provisions are required unless prior special approval is obtained by the Assigned Family Law Judge, or any judge if the Assigned Family Law Judge is not available.

If a party files an ex parte Temporary Order, the following provisions are required unless prior special approval is obtained by the Assigned Family Law Judge, or any judge if the Assigned Family Law Judge is not available.

CRITICAL

Applies to

LCM report

LCM reports must not be attached to pleadings, except that the recommendation portion may be attached to an order or journal entry adopting it.

These reports contain personal information and shall NOT be attached to any pleadings (including Motions), except, the recommendation portion only may be attached to an Order or Journal Entry adopting it.

CRITICAL

Applies to

Pretrial conference order

A Judicial Settlement Conference must occur after the Pretrial Conference, and a Pretrial Conference Order must be on file.

The date and time of the Judicial Settlement Conference will be determined by the judge who presides over that conference, but the date must be after the Pretrial Conference, and there must be a Pretrial Conference Order on file.

CRITICAL

Applies to

Final support order

Covered final support orders must include a provision directing support payments to the Kansas Payment Center and providing for the stated fee deduction.

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: 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

Motion

Must include

certificate of service

The motion must include a certificate of service.

The moving party shall be responsible for providing notice of the time and date of the hearing to the non-moving party, and the motion shall include a certificate of service.

CRITICAL

Applies to

Final child support order

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

m. 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

Temporary order

The temporary-order materials must address residency and the parenting plan.

2. Residency and parenting plan;

CRITICAL

Applies to

Domestic conciliation report and recommendation

When legal custody, residency, or parenting time is at issue, the domestic conciliator’s report and recommendation must address every statutory factor in K.S.A. § 23-3203.

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

CRITICAL

Applies to

Parent education class order

A separate parent education class order must be filed using the current order approved by the family law judges and maintained by the ADR coordinator.

A separate Order for the parent education class must be filed. The Order must be the current one approved by the family law judges and maintained by the ADR coordinator.

CRITICAL

Applies to

Surety application

Each insurance agent surety application must include copies of the qualifying power-of-attorney certificates issued by any insurance company.

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;

CRITICAL

Applies to

Temporary order

A temporary order requiring a party to leave the marital residence must include a Rule 402 Affidavit addressing prior departure, available alternative housing, ability to obtain housing, and the parties’ health conditions and future housing needs.

Any temporary order sought under this rule which requires either party to leave the marital residence must be accompanied by a Rule 402 Affidavit stating the following: 1. whether either party has left the marital residence; 2. whether alternative housing is available for both parties; 3. the financial ability of the parties to obtain alternative housing; 4. the health conditions of both parties and how it affects their future housing needs.

CRITICALCivil cases

The pretrial submission must list and itemize the total damages claimed.

b. List and itemize total of damages claimed:

CRITICAL

Applies to

Temporary order

Non-standard provisions must be conspicuously marked in the document, for example with highlights, arrows, an initial line, or another marking.

Any non-standard provisions shall be conspicuously marked in the document by highlights, arrows, initial line, or other marking.

CRITICALCivil cases

Applies to

Pretrial questionnaire

Each party must complete the pretrial questionnaire.

Instruction: This questionnaire must be completed by each party

CRITICAL

Applies to

Surety application

The application must include a certificate of continuing education compliance under Kansas law.

C. A certificate of continuing education compliance in accordance with Kansas law;

CRITICAL

Applies to

Temporary order

Temporary Orders in cases contemplated for CFL must follow the form provided in the document.

Temporary Orders issued in cases in which one or both parties contemplate that their case will be handled in a CFL format shall follow the form set forth below: