Sedgwick County District Court Document Filing Requirements

CRITICALCivil cases

The pretrial submission must list any request to limit witnesses.

10. Expert or Cumulative Witness Limitations: List request for limitation of witnesses:

CRITICALCriminal cases

Applies to

Motion

A surrender occurring more than 90 days after payment does not qualify for a refund unless the Chief Judge specifically orders one after a proper motion is filed.

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

Temporary order

Temporary orders shall be consistent with this rule, modified to fit the facts of each particular case.

Temporary orders shall be consistent with this rule, modified to fit the facts of each particular case.

CRITICAL

Applies to

Letter of credit

A property surety may not pledge property other than the specified Letter of Credit.

No other property is acceptable to be pledged from a property surety.

CRITICAL

Applies to

Ex parte temporary child support order

An ex parte temporary child support order must use the Basic Parental Child Support obligations under the Kansas Child Support Guidelines, with no Section E adjustment other than income tax considerations.

All ex parte temporary child support orders must be based on the Basic Parental Child Support obligations pursuant to the Kansas Child Support Guidelines, without any Section E adjustments other than income tax considerations.

CRITICAL

In screening panel cases, affidavits from parties, expert opinions, and case depositions may not be submitted unless all parties agree.

g. Except by agreement of all parties, no affidavits from the parties, nor any "expert opinions," nor depositions taken in the case shall be submitted.

CRITICAL

Applies to

Motion

Must include

certificate of service

A motion must include a certificate of service.

the motion shall include a certificate of service.

CRITICAL

Applies to

Summons

A summons must issue 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

Pre trial order

The attorney designated by the presiding judge must prepare each pre-trial order, which must be filed within the time specified by the Court.

All pre-trial orders shall be prepared by the attorney designated by the judge presiding at the pre-trial conference and shall be filed within the time specified by the Court.

CRITICAL

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

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

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 in uncontested matters or for 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

Temporary order

Ex parte temporary child support orders must use the Basic Parental Child Support obligations under the Kansas Child Support Guidelines without Section E adjustments.

All ex parte temporary child support orders must be based on the Basic Parental Child Support obligations pursuant to the Kansas Child Support Guidelines, without any Section E adjustments.

CRITICAL

Applies to

Temporary order

A deviation in a temporary order seeking an in-person signature must be specifically approved before filing.

For temporary orders that that deviate from the standard and that seek an in-person signature, the deviation must be specifically approved prior to filing.

CRITICAL

Applies to

Written report

A written report is required unless the referring order states otherwise.

Unless otherwise stated in the referring order, a written report is required per Supreme Court Rule 908(c)(2).

CRITICALCivil cases

Applies to

Motion for distribution of appraisers award

The condemnor’s attorney must propose a disbursement plan establishing any priorities among parties entitled to compensation.

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

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

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

Appropriate order

People seeking to provide ADR services must give the ADR coordinator their initial retainer, the work or hours it covers, and their subsequent hourly rate for inclusion in the order’s Fees portion.

All people who wish to be considered to perform alternative dispute resolution services 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, so that information can be contained in the “Fees” portion of the appropriate order, as required by Supreme Court rule.

CRITICAL

Applies to

Divorce decree custody order paternity order or support order

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

g. 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.

CRITICALCivil cases

Applies to

Court order

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.

CRITICALCivil cases

Applies to

Medical malpractice screening panel request

A medical malpractice screening panel request must include a short statement identifying the alleged medical failures and injury; 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.

CRITICALCivil cases

Applies to

Pretrial questionnaire

Every question on the pretrial questionnaire must be answered or marked not applicable.

All questions must be answered or indicated as not applicable.

CRITICAL

Applies to

Final custody parenting time child support order

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

CRITICAL

Applies to

Journal entry of judgment

A Journal Entry of Judgment must be submitted when a default has occurred.

In cases where a default has occurred, a Journal Entry of Judgment shall be submitted within 21 days of the default. Any such case not journalized within 21 days shall be administratively dismissed without prejudice.

CRITICAL

Applies to

Final custody parenting time and child support order

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

CRITICAL

Applies to

Temporary order

In a divorce case, a temporary parenting plan may not change a 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

Surety application

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

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

CRITICAL

Applies to

Plea

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

All pleas of guilty or nolo contendere shall be accompanied by a fully executed "Defendant's Acknowledgment of Rights and Entry of Plea" form. The judges of the 18th Judicial District approve the use of the attached form (Rev. 10/06), which is intended to supplement not replace or be a substitute for any of the requirements of K.S.A. 22-3210.

CRITICAL

Applies to

Surety application

The application must include a signed release for a state and national records investigation, and applicants must provide fingerprints at the Sheriff’s Office and pay associated fees.

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.

CRITICAL

Applies to

Income withholding order

When the Court directs immediate issuance and enforcement is assigned to the Trustee, the Trustee must prepare the initial or modified withholding order for filing; qualifying subsequent orders created through the Department’s automatic process need not be filed.

When the Court directs that an initial or modified income withholding order shall immediately issue and the duty to enforce the support order is assigned to the District Court Trustee, the Trustee shall prepare the income withholding order for filing with the Court and issue said Income Withholding Order to the employer or income payer. Subsequent income withholding orders transferred to a new or different payor of income for the same amounts as the immediately preceding income withholding order, which are created through the automatic income withholding order process of the Department for Children and Families, are not required to be filed with the court.

CRITICALCivil cases

The pretrial submission must identify pending motions and intended pretrial motions, with a proposed filing date for each intended motion.

7. Motions: a. List motions you have pending: b. List motions you intend to file prior to trial and date by which you propose to file each motion:

CRITICALCivil cases

The pretrial submission must identify questions of fact and law, unusual evidentiary questions, and anticipated jury-instruction problems.

11. Questions of fact: 12. Questions of law: 13. Unusual questions of evidence: 14. Anticipated problems relative to jury instructions:

CRITICALCivil cases

Applies to

Pre trial order

The attorney designated by the presiding judge must prepare each pre-trial order and file it within the time specified by the Court.

All pre-trial orders shall be prepared by the attorney designated by the judge presiding at the pre-trial conference and shall be filed within the time specified by the Court.

CRITICALCivil cases

The pretrial submission must state the requested trial assignment, whether a six-member jury is acceptable, and the estimated trial length.

8. Trial Assignment: a. Is this trial to the Court or to a jury or to a master to be appointed by the Court? b. Will a jury of 6 members be accepted? c. What is the estimated time for trial?

CRITICAL

Applies to

Final disposition journal entry

A final-disposition journal entry must be filed with the Clerk before a civil or domestic case may be closed on the appearance docket.

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 order

A temporary order requiring a party to leave the marital residence must include a Rule 402 Affidavit addressing residence status, alternative housing, financial ability to obtain housing, and both 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

Applies to

Medical malpractice screening panel request

A medical malpractice screening panel request must include a counsel-signed order ready for the Court’s signature authorizing release of medical records and related materials to counsel for all named defendants.

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

CV LM Defendant Information Sheet

The defendant must select one option on the form: admit or deny the Petition's allegations.

3. SELECT ONE OPTION. o I ADMIT the statements and allegations in the Petition. I understand that the Court will grant judgment against me as requested in the Petition. o I DENY the statements and allegations in the Petition as follows:

CRITICALCivil cases

Applies to

Garnishment exception request

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 the debtor’s nonexempt 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.

CRITICAL

Applies to

Notice of hearing

A Notice of Hearing for a remote hearing must include the judge’s aide’s contact information so additional instructions can be obtained.

The Notice of Hearing will include the judge’s aide’s contact information so additional instructions can be obtained from the court.

CRITICALCivil cases

The pretrial submission must state any requested amendments to the pleadings.

3. Request for amendments to your pleadings:

CRITICALCivil cases

The pretrial submission must list all intended trial exhibits and identify those not already shown to opposing counsel.

*6. List all exhibits you intend to offer at trial and identify any which have not already been shown to opposing counsel:

CRITICAL

Applies to

Ex parte temporary child support order

An ex parte temporary child support order may not use the Shared Expense Plan.

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

Motion

A request for ex parte 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

Collection petition and summons

Plaintiffs in LM collection cases must include the CV LM Defendant Information Sheet with Instructions and the Clerk's collection-case memo with the Petition and Summons and Alias Summons served on defendants.

All plaintiffs in limited Action (LM) COLLECTION CASES must include two additional documents with the Petition and Summons and Alias Summons to be served upon defendants. These are: 1) a CV LM Defendant Information Sheet with Instructions; and 2) the Clerk of the District Court's Memo to defendants in Collection cases.

CRITICAL

Applies to

Notice of intent to appear

A Respondent who intends to appear must file a Notice of Intent to Appear and specified supporting forms with the Clerk.

If Respondent intends to appear, the other parties’ attorney, or if not represented, the other party, must be notified by Respondent by completing and filing a Notice of Intent to Appear and a verified Domestic Relations Affidavit and Child Support Worksheet with the Clerk of the Court and by serving a copy of those forms to the other parties’ attorney, or if not represented, to the other party, not later than seven (7) business days before the time specified for the court hearing.

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

Motion

Must include

local rule certificate

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

WARNINGCriminal cases

Applies to

Surety application

Applicants must provide any additional information the Chief Judge requests about their 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.

WARNING

Applies to

Camera coverage request

Approval to cover the preliminary hearing docket call may be assumed unless the court notifies otherwise, provided a proper written request is on file.

Approval of requests to cover the preliminary hearing docket call may be assumed, unless otherwise notified by the court, so long as a proper written request is on file with the court.