Sedgwick County District Court Service and Proof of Service Rules

CRITICAL

The Court Trustee must send all pleadings to every attorney of record in the case.

r. All pleadings filed by the Court Trustee shall be sent to all attorneys of record in that case.

CRITICAL

Deadline

2 business days

The moving party must serve the bond reduction or modification motion on the opposing party at least two business days before the hearing.

The moving party must file and serve the motion on the opposing party at least two business days in advance of the hearing date.

CRITICALCivil cases

Service

Mail

Counsel for each party must mail a copy of the completed pre-trial questionnaire to the assigned judge and all other counsel and pro se litigants at least one week before the conference.

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

All pleadings filed by the Court Trustee shall be sent to all attorneys of record in that case.

All pleadings filed by the Court Trustee shall be sent to all attorneys of record in that case.

CRITICAL

Documents intended as hearing exhibits must be exchanged by 5:00 p.m. Thursday before a Monday hearing or Friday before a Tuesday hearing; if the exchange day is a court holiday, exchange is due the prior day, and an objecting party may prevent use of documents not timely exchanged.

Any documents that are going to be presented as exhibits to the Court must be exchanged by 5:00 p.m. Thursday before a Monday hearing or Friday before a Tuesday hearing. If one of the exchange days falls on a court holiday, the exchange must occur the day prior. Documents not so exchanged may not be presented to the Court at the hearing, and their contents may not be recited to the court, if the other party objects to their use.

CRITICAL

Civil process must be directed to and served by the Sheriff of Sedgwick County unless a District Court judge directs otherwise.

All civil process shall be directed to and served by the Sheriff of Sedgwick County unless otherwise directed by a Judge of the District Court.

CRITICAL

Service

Mail

Written notice stating the reason for a suspension or termination must be mailed by regular mail to the surety or bail agent, except for a suspension due to failure to pay a judgment within 30 days after it is granted.

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.

CRITICAL

Discovery objections and motions concerning the listed requests or applications must be forwarded to the requesting party.

All objections to interrogatories, depositions, requests or applications under K.S.A. 60-226 through 60-237, as well as all motions thereto concerning discovery matters, shall be in writing and forwarded to the requesting party.

CRITICAL

A copy of each refund request must be served upon the District Attorney’s Office.

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

When convening the screening panel, the Court must provide the parties copies of the required documents, including the certified medical-records order and status-conference notice.

e. Along with the Notice convening the screening panel, the Court shall provide to the parties copies of all additional documents required to be filed by these rules, including a certified copy of the Order for production of medical records, and a Notice of a status conference.

CRITICAL

The Office of the Court Trustee must be given notice of the hearing on a support-collection exemption request.

The Office of the Court Trustee shall be given notice of the hearing.

CRITICAL

Exhibits must be exchanged by 5:00 p.m. Thursday before a Monday hearing or Friday before a Tuesday hearing; if the exchange day is a court holiday, exchange is due the prior day, and an objecting party may prevent use of documents not exchanged on time.

Any documents that are going to be presented as exhibits to the Court must be exchanged by 5:00 p.m. Thursday before a Monday hearing or Friday before a Tuesday hearing. If one of the exchange days falls on a court holiday, the exchange must occur the day prior. Documents not so exchanged may not be presented to the Court at the hearing, and their contents may not be recited to the court, if the other party objects to their use.

CRITICAL

Deadline

2 court days

Upon request, documentation must be produced to the other side at least two court days before a hearing involving child support or spousal maintenance.

Documentation shall be produced to the other side upon request, at least two Court days before a hearing involving child support or spousal maintenance.

CRITICAL

Motions must be served seven days before the hearing under K.S.A. 60-206, unless an available Family Law judge approves an expedited hearing.

All motions shall be served seven (7) days in advance of the hearing according to the time requirements of K.S.A. 60-206, unless the assigned Family Law judge, or another Family Law judge if the assigned judge is not available, approves an expedited (“Short Filed”) hearing.

CRITICAL

Deadline

2 court days

Applies to

Income verification

Upon request, income-verification documentation must be produced to the other side at least two court days before a child-support or spousal-maintenance hearing.

Documentation shall be produced to the other side upon request, at least two Court days before a hearing involving child support or spousal maintenance.

CRITICAL

The Clerk must mail and/or email copies of the dismissal notice and entry to all parties at least 18 days before the stated dismissal date.

The Clerk shall prepare a Notice of Intent to Dismiss (hereinafter referred to as “NID”), and a Journal Entry of Dismissal, and mail and/or email a copy thereof to all parties at least eighteen (18) days prior to the dismissal date shown thereon.

CRITICALCivil cases

A settlement conference statement must be shared with opposing counsel and must not be filed as part of the case record.

The statement shall be shared with opposing counsel, but is not to be filed as a part of the record in the case.

CRITICAL

Service

Mail

A copy of the completed questionnaire must be mailed to the assigned Judge and all other counsel and pro se litigants 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 and mail a copy thereof to the Judge to whom the case is assigned and to all other counsel and pro se litigants.

CRITICAL

The party preparing the order must send the proposed order to the responding party at least two weeks before the conference.

The party preparing said order shall send a proposed Pre-Trial or Pre-Hearing Conference Order to the responding party at least two weeks prior to the Pre-Trial or Pre-Hearing Conference.

CRITICAL

Applies to

Hearing notice

A party requesting a good-cause exception must file a motion and set a hearing before the Assigned Family Law Judge; if the case is assigned to the Court Trustee, the Trustee’s Office must receive notice of the hearing.

k. If a party requests a good cause exception pursuant to K.S.A. 23-3004, after the party shall file a motion and set a hearing before the Assigned Family Law Judge. If the case has been assigned to the Court Trustee, the Office of the Court Trustee shall be given notice of the hearing.

CRITICALCivil cases

To trigger the automatic stay, the motion must be served on counsel or parties by delivery of a copy within the stated deadline and at least 48 hours before the deposition.

No properly noticed deposition shall be automatically stayed under this rule unless the motion directed at it shall have been filed and served upon counsel or parties by delivering a copy within 11 days after service of the deposition notice, and at least 48 hours prior to the noticed time of the deposition.

CRITICAL

The Chairperson must provide a file-stamped panel opinion to all parties’ counsel and the Commissioner of Insurance in the stated capacity.

h. The Chairperson shall provide a file stamped copy of the opinion of the panel to counsel for all parties and the Commissioner of Insurance as administrator of the Health Care Stabilization Fund.

CRITICAL

Deadline

48 hours

Applies to

Temporary order

A temporary order requiring one party to move out of a shared residence must set the move for 48 hours after service on the Respondent, unless exceptional circumstances are stated in the Petitioner’s sworn affidavit and a judge grants an exception at filing.

All temporary orders requiring one party to move out of a shared residence shall provide that the move occur forty-eight (48) hours 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.

CRITICALCivil cases

Deadline

5 calendar days

At least five calendar days' notice of a deposition must be given unless the court grants leave or counsel agree otherwise.

Unless leave of court or agreement of counsel is first obtained, at least five (5) calendar days' notice of any deposition shall be given.

CRITICAL

Applies to

Motion for distribution of appraisers award

The condemnor’s attorney must use reasonable diligence to ascertain interested parties’ addresses and give notice of the motion to all parties or counsel at least five days before the hearing.

Said attorney shall exercise reasonable diligence to ascertain the addresses of parties at interest and shall give notice of said motion to all parties or their respective counsel not less than five days prior to the hearing of said motion.

CRITICAL

Applies to

Documents submitted to limited case manager

Documents submitted to the limited case manager must also be provided to the other party or, if represented, their counsel.

If either party submits documents to the limited case manager, they must also provide them to the other party. If documents are provided by one party’s attorney, they shall also be provided to the other party, or if represented, to their counsel.

CRITICAL

Applies to

Income withholding order

When the Court directs immediate issuance and enforcement is assigned to the Trustee, the Trustee must issue the withholding order to the employer or income payer.

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.

CRITICAL

The Court Trustee must receive notice of the hearing on a motion seeking an exemption from its support-collection responsibility.

Requests pursuant to K.S.A. 20-383, for an exemption from the Office of the Court Trustee's responsibility for collection of support shall be granted only after a motion is filed and hearing is held before the Chief Judge. The Office of the Court Trustee shall be given notice of the hearing.

CRITICAL

In cases monitored and enforced by the Office of the District Court Trustee, notices, motions, and pleadings concerning proceedings affecting support must be furnished to that Office.

In every case which is monitored and enforced by the Office of the District Court Trustee, all notice, motions, and pleadings regarding all proceedings affecting support shall be furnished to the Office of the District Court Trustee.

CRITICALCriminal cases

A copy of each refund request must be served on the District Attorney’s Office; the service method is not specified.

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

The responding party must provide a draft containing its contentions one week before the Pre-Trial Conference.

The responding party shall reply with a draft including the responding party’s contentions in the Pre-Trial or Pre-Hearing Conference one week before the Pre-Trial Conference date.

CRITICALCriminal cases

Service

Mail

Required suspension or termination notices must be mailed by regular mail to the surety or bail agent's address on file, except for a suspension based on failure to pay a judgment within 30 days.

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.

CRITICAL

Service of process must be accomplished within 120 days after filing or reinstatement, or the case will be administratively dismissed without prejudice.

Cases will be administratively dismissed without prejudice if service of process is not accomplished within 120 days after the case has been filed or resinstated.

CRITICAL

The Court Trustee or DCF must be notified of motions to modify child support in cases where they have entered an appearance.

The Court Trustee or the Department of Children and Families (hereinafter referred to as “DCF”) shall be given notice of all motions to modify child support in cases which they have entered appearances.

CRITICAL

Motions must be served seven days before the hearing under K.S.A. 60-206 unless a Family Law judge approves an expedited hearing.

All motions shall be served seven (7) days in advance of the hearing according to the time requirements of K.S.A. 60-206, unless the assigned Family Law judge, or another Family Law judge if the assigned judge is not available, approves an expedited (“Short Filed”) hearing.

CRITICALCivil cases

Applies to

Exhibits

The parties must mark and exchange all exhibits seven days before trial.

All exhibits will be marked and exchanged by the parties 7 days before trial.

CRITICALCivil cases

Discovery objections and motions must be forwarded to the requesting party.

All objections to interrogatories, depositions, requests or applications under K.S.A. 60-226 through 60-237, as well as all motions thereto concerning discovery matters, shall be in writing and forwarded to the requesting party.

CRITICAL

Applies to

Notice of hearing

The party issuing a Notice of Hearing must send all parties information about attending and participating in the remote hearing.

The party issuing the Notice of Hearing will send all parties the information regarding how to attend and participate in the remote hearing.

CRITICAL

When a case assigned to the Court Trustee involves a request for a good cause exception, the Office of the Court Trustee must receive notice of the hearing.

If a party requests a good cause exception pursuant to K.S.A. 23-3004, after the party shall file a motion and set a hearing before the Assigned Family Law Judge. If the case has been assigned to the Court Trustee, the Office of the Court Trustee shall be given notice of the hearing.

CRITICAL

The Court Trustee or DCF must receive notice of motions to modify child support in cases where they have appeared.

The Court Trustee or the Department of Children and Families (hereinafter referred to as “DCF”) shall be given notice of all motions to modify child support in cases which they have entered appearances.

CRITICALCivil cases

A case will be administratively dismissed without prejudice if service of process is not completed within 120 days after filing or reinstatement.

Cases will be administratively dismissed without prejudice if service of process is not accomplished within 120 days after the case has been filed or resinstated.

CRITICALCivil cases

The condemnor’s attorney must use reasonable diligence to ascertain interested parties’ addresses and give notice of the motion to all parties or their counsel at least five days before the hearing.

Said attorney shall exercise reasonable diligence to ascertain the addresses of parties at interest and shall give notice of said motion to all parties or their respective counsel not less than five days prior to the hearing of said motion.

CRITICAL

The moving party must notify the non-moving party of the hearing’s time and date, and 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

Deadline

7 business days

The Respondent must serve copies of the specified forms on the other party or counsel at least seven business days before the hearing.

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

Notice of intent to appear

Service

Mail

The certificate states that the Notice of Intent to Appear was mailed by certified mail with return receipt requested.

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.

CRITICALCivil cases

When fee title to an entire parcel or a permanent easement to an entire parcel is acquired, the condemnor’s attorney must serve the motion on the County Counselor.

In every case in which the fee title to an entire parcel is acquired or in which a permanent easement to an entire parcel is acquired, the said attorney shall serve a copy of such motion onthe County Counselor so that such counselor may appear on behalf of the County Treasurer to protect the interest of the county as provided by K.S.A. 79-1804.

CRITICALCivil cases

Service

Mail

Copies of the completed questionnaire must be mailed to the Presiding Judge and all other counsel at least one week before the pretrial conference.

Instruction: This questionnaire must be completed by each party and copies mailed to the Presiding Judge and all other counsel at least one week prior to pretrial conference.

CRITICAL

Applies to

Exhibit notebooks

Counsel must exchange Exhibit Notebooks by noon on the Thursday before trial in the form they will present to the court, unless the Court orders otherwise.

b. Counsel shall exchange Exhibit Notebooks no later than noon Thursday the week prior to trial, in the same form that will be presented to the court, unless otherwise ordered by the Court.

CRITICAL

Applies to

Notice motion or pleading

In every case monitored and enforced by the Court Trustee, notices, motions, and pleadings concerning proceedings affecting support must be furnished to the Trustee’s Office.

q. In every case which is monitored and enforced by the Office of the District Court Trustee, all notice, motions, and pleadings regarding all proceedings affecting support shall be furnished to the Office of the District Court Trustee.

CRITICAL

Documents submitted to the domestic conciliator must also be provided to the other party or, if represented, their counsel.

If either party submits documents to the domestic conciliator, they must also provide them to the other party. If documents are provided by one party’s attorney, they shall also be provided to the other party, or if represented, to their counsel.