11th Judicial District Rules

LOCAL COURT RULES

FOR THE

ELEVENTH JUDICIAL DISTRICT

OF KANSAS

Adopted by the Judges of the Eleventh Judicial District of Kansas on January 18, 2001.

Effective February 1, 2001. Reviewed and revised October 25, 2019.

INDEX

ELEVENTH JUDICIAL DISTRICT RULES

Rule No.

GENERAL AND ADMINISTRATIVE

1 [Deleted]

2 Assignment of Cases

3 Clerks Office Hours

4 Records, Files and Exhibits

5 Disposal of Subpoenaed Business Records

6 Jury Questionnaires

7 Funds Held By Clerks

8 Preparation of Papers

9 Probable Cause Hearings During Non-Business Hours

10 Assigned Files; Judge Sitting in a Different County

11 Security of Court Facilities

12 Media Coordinator

13 Public Records Search Requests

14 Process Servers

DOMESTIC RELATIONS

15 Mandatory Parenting in Divorce Class Attendance

16 Domestic Relations Mediation

17 Mediated Agreements; Changes

18 Parenting Time and Contact Guidelines

19 Expedited Judicial Process

20 Costs and Assignments in Domestic Relations Cases

21 Dismissal of Protection from Abuse and Protection from Stalking Actions

22 Dissemination of Custody Investigation Reports

23 Necessary Parties in Child Support & Paternity Actions

CIVIL

24 Poverty Affidavits and Filing for Extensions Out of Time

25 Discovery

26 Scheduling Conference

27 Pretrial – Non-Domestic Cases

28 Interviewing Experts

29 Void Dire Examination

30 Pleading Judgment Amounts and Interest

31 Medical Malpractice Screening Panels

32 Small Claims

33 Recovery of Attorney Fees in Bad Check Cases

34 Chapter 61 Appearances

JUVENILE

35 Uniform Procedure for Extended Jurisdiction Juvenile Prosecution

CRIMINAL

36. Motions to Suppress

37. Speedy Trial

38. Self-Defense Immunity

39. Pretrial Conference and Proposed Jury Instructions

40. Intermediate Probation Violation Sanctions and Surveillance

41. Termination, Extension or Modification of Probation-Procedure

AUTHORITY TO WRITE BONDS

42. Bail and Appearance Bonds

43. RECORDS RETENTION SCHEDULE

RULES OF THE ELEVENTH JUDICIAL DISTRICT

STATE OF KANSAS

________________________________________________________________________

JUDGES

M. JENNIFER BRUNETTI, Division 1, Crawford County Courthouse, 111 East

Forest St., Kansas 66743; (620) 724-6213; Fax (620) 724-4987

OLIVER KENT LYNCH, Chief Judge, Division 2, Cherokee County Courthouse, 100

West Maple Street, P. O. Box 189, Columbus, Kansas 66725-0189; (620) 429-9547;

Fax (620) 429-1130.

FRED W. JOHNSON, Division 3, Labette County Judicial Center, 201 South Central

Street, Parsons, Kansas 67357; (620) 421-1410; Fax (620) 421-3633.

LORI A. BOLTON FLEMING, Division 4, Crawford County Judicial Center, 602

North Locust, Pittsburg, Kansas 66762; (620) 231-3570; Fax (620) 231-0584.

KURTIS I. LOY, Division 5, Crawford County Judicial Center, 602 North Locust,

Pittsburg, Kansas 66762; (620) 231-3570; Fax (620) 231-0584.

JEFFRY L. JACK, Division 6, Labette County Judicial Center, 201 South Central

Street, Parsons, Kansas 67357; (620) 421-3216; Fax (620) 421-3633.

SAMUEL J. MARSH, District Magistrate Judge, Cherokee County Courthouse, 100

West Maple Street, P. O. Box 189, Columbus, Kansas 66725; (620) 429-3877;

Fax (620) 429-1130

COURT ADMINISTRATOR

MAC YOUNG, Crawford County Judicial Center, 602 North Locust, Pittsburg, Kansas

66762; (620) 232-2460; Fax (620) 232-5646

________________________________________________________________________

PREFACE

The following rules have been adopted by the Judges of the Eleventh Judicial District

of Kansas pursuant to Supreme Court Rule 105. The Eleventh Judicial District is

composed of Cherokee, Crawford and Labette counties. Copies are on file in the office

of each Clerk of the District Court in this district.

The requirements imposed by these rules upon "counsel" or "attorney" apply equally

to parties appearing without counsel.

Any rule shall be subject to such modification as the presiding judge may deem

appropriate and necessary to meet emergencies or to avoid injustice or undue hardship.

These rules may be amended by the judges of this judicial district. These rules and

any amendments thereto shall be effective upon filing with the Clerk of the Supreme

Court of Kansas pursuant to Supreme Court Rule No. 105.

GENERAL AND ADMINISTRATIVE

RULE NO. 1

[Deleted]

RULE NO. 2

Assignment of Cases.

1. Generally. Assignment of cases shall be as the judges in this district shall

agree.

2. Percentage Assignment Selection Process. When assignments are to be made

on a percentage basis, the Clerk shall establish a system that will provide for

the random selection of a judges on the appropriate percentage basis. The

selection and assignment shall not be made until after the case is filed.

3. Refiled Cases. Any case dismissed and refiled shall be assigned to the same

judge to whom it was previously assigned.

4. Assignment of Consolidated Cases. Companion cases shall be assigned to the

judge having the case with the lowest number.

5. Unavailability of Judge. When a judge is unavailable, any case assigned to that

judge may be tried and any pending motion heard by any other available judge

in this district on the consent and agreement of the available judge. Ex parte

orders and agreed orders may be similarly granted when an assigned judge is

unavailable.

6. Reassignment. When any judge has occasion to ask that a case or cases be

reassigned, such reassignment shall be:

a. First, by consultation and agreement between the judges who sit in the same

county;

b. by the method of random assignment set forth in paragraph 2 above;

c. by agreement between the assigned judge and any other judge in the

district; or

d. by the Chief Judge.

RULE NO. 3

Clerks Office Hours. As a general rule the District Court Clerk's Offices shall be open

to the general public from 8:00 a.m. to 4:00 p.m. each working day. The Chief Judge

and/or the Court Administrator may, however, authorize the closing of any Clerk's Office

to accommodate emergencies, weather conditions, courthouse closings, personnel issues

or to complete accumulated filing, docketing and accounting records.

RULE NO. 4

Records, Files and Exhibits. All files checked out to court officers, abstractors or

members of the bar pursuant to Supreme Court Rule 106 shall be returned within five (5)

days unless an earlier return is requested or a longer period is permitted by order of the

court.

RULE NO. 5

Disposal of Subpoenaed Business Records. When records are subpoenaed into the

Clerk’s Office pursuant to K.S.A. 60-245a, records not introduced into the record or

made part of the record will be disposed of upon termination of the case. If return of the

records has not been requested by the record custodian, the Clerk will destroy said

records, or they may be released to counsel of record with the written consent of the

record custodian.

RULE NO. 6

Jury Questionnaires. Jury questionnaires shall be confidential. Jury questionnaires will

be available to counsel prior to trial dates. Copies may be checked out but are to be

returned to the court at the conclusion of the trial. Neither counsel nor the parties shall

make any copies of juror questionnaires and all information contained therein shall

remain confidential. All questionnaires, including copies, must be immediately returned

to the Clerk upon a panel being sworn in or once a trial has been settled and called off.

RULE NO. 7

Funds Held By Clerks. A Judge of the District Court may order moneys that are

deposited with a Clerk of the District Court pending final determination of an action filed

in this district, be deposited in an interest-bearing account in any federally insured

financial institution in this district. When the action has been resolved by settlement or

judicial determination, said funds shall be paid out only upon order of the court providing

for distribution, division or apportionment thereof and of any interest accumulated

thereon. Unless otherwise ordered, interest shall be payable to the person found to be the

owner of the principal fund deposited, or if more than one owner, proportionately on the

basis of the division of the principal amount.

RULE NO. 8

Preparation of Papers. Except as otherwise specifically directed by statute, attorneys

appearing in this district shall be required to complete all summons, garnishment orders,

and subpoenas. Blank forms will be provided by the Clerks on request. Foreign service

process papers shall be accompanied by a check in the appropriate amount payable for

the fees and charges of the foreign process server. Subpoenas shall be accompanied by a

check for the statutory witness and mileage fees.

RULE NO. 9

Probable Cause Hearings During Non-Business Hours. A probable cause hearing

shall, when applicable, be held in person, by telephone or facsimile with any judge in this

district during non-business hours from 8:00 a.m. to 10:00 p.m., as to any person being

held and entitled to such hearing within 48 hours of arrest, by contacting the judge at his

home.

RULE NO. 10

Assigned Files; Judge in a Different County. Case files shall be maintained and

remain in the Office of the Clerk of the District Court where the case is filed. After

assignment, it will be counsel's responsibility to direct a bench copy of every item filed in

the case to the assigned judge so that he can be advised of the progress of the case. All

bench copies and correspondence concerning the case shall be directed to the assigned

judge at the assigned judge's address.

RULE NO. 11

Security of Court Facilities. Anyone or anything entering a county courthouse or

judicial center within this Judicial District shall be subject to search. No person, other

than a law enforcement officer or other person or official as authorized and described in

K.S.A. 21-6309, shall possess a firearm while on courthouse or judicial center grounds in

this Judicial District. Conspicuously placed signs clearly stating this policy shall be

placed in the courthouses and judicial centers in this district.

RULE NO. 12

Media Coordinator. The Court Administrator is designated as Media Coordinator for

purposes of working with the Chief Judge, the trial judge and the media in implementing

Kansas Supreme Court Rule No. 1001 with respect to electronic and photographic media

coverage of judicial proceedings in this district.

RULE NO. 13

Public Records Search Requests.

1. Purpose. The purpose and goal of this rule is to guide the access of public records

under control of the courts in this district, to protect court records from damage

and disorganization, to prevent excessive disruption of court functions, to provide

guidelines for requesting and obtaining information and to ensure effective and

timely action in response to requests for inspection of public records. [K.S.A. 45-

215 et seq., K.S.A. 28-170, Kansas Supreme Court Administrative Order No.

156.]

2. Public Information Officer. The Eleventh Judicial District Court Administrator

shall be the Public Information Officer for this judicial district.

3. Hours of Inspection. Public records shall be open for inspection during the time

the District Clerks Offices are open to the general public.

4. Access to Records. Inspection requests should be made in writing on a form to be

provided by the Clerk. The use of the form is encouraged but not mandatory in

all circumstances. The Clerks of the District Courts in this district have

designated all Trial Court Clerks as additional persons to be custodians of the

records for the purposes of the Open Records Act.

5. Fees. The fee to be paid for a copy of any record shall be 25¢ per page and

$1.00 per certification. An access fee of $12.00 per hour may be assessed for

employee time when concentrated attention of a custodian of the records is

required. Payment in advance of the custodians estimated fees may be required.

6. Clerks Authority. No district court employee may conduct a search that requires

the making of a legal judgment or determination.

7. Criminal Records. Requests for criminal record searches for employment, credit

or the like shall be referred to the executive branch agency most likely to have

centralized reference files, e.g., the Kansas Bureau of Investigation or the

Division of Vehicles.

8. Confidential Records. Certain court records are confidential and are exempted

from public examination and disclosure under the Kansas Open Records Act. The

disclosure of these records is specifically prohibited or restricted by federal law,

state law or by Kansas Supreme Court Rule. Confidential records include, but are

not limited, to the following:

Description of Confidential Record

Authority

Portions of a criminal presentence investigation report

K.S.A. 21-6813(c)

Expunged criminal records including diversion agreements

K.S.A. 21-6614

Juvenile offender records and certain other juvenile records

K.S.A. 38-2310

Affidavits or sworn testimony in support of the issuance of a

search warrant or summons

K.S.A. 22-2302

K.S.A. 22-2502

Unserved arrest warrants in criminal cases

K.S.A. 21-5906

Non-moving traffic violations

K.S.A. 8-1560d

Grand jury proceedings

K.S.A. 22-3012

Adoption records

K.S.A. 59-2122

Certain employee personnel records

K.S.A. 45-221(a)(4)

All medical records regarding an identifiable patient (HIPAA)

K.S.A. 45-221(a)(3)

PROCESS SERVERS

RULE NO. 14

Process Servers. Process Servers appointed under the provisions of K.S.A. 60-303 and

K.S.A. 61-3003 shall be appointed for no more than a period of one year, expiring on

December 31 of each year for which appointed.

The appointment of a Process Server shall be limited and so state in the Order of

Appointment that it is for the purpose of serving process under K.S.A., 60-303 and

K.S.A. 61-3003 without authority to serve Writs of Execution, Orders of Attachment,

Replevin Orders, Orders for Delivery, Writs of Restitution, and Writs of Assistance. The

appointment may be made by any District Judge in this district.

All Process Servers shall comply with the General Guidelines for Process Servers

issued by the Court, following or attached hereto, and on file in the office of the Clerk of

the Court in each County in this district.

The person being appointed as a Process Server shall state in an application, under

oath, that he or she has no felony or misdemeanor convictions, or list such convictions.

Accompanying the Application for Appointment of Process Server shall be an affidavit

by an attorney duly authorized to practice law in the State of Kansas, which attests to the

good reputation of the person applying for appointment.

GENERAL GUIDELINES FOR PROCESS SERVERS

Eleventh Judicial District

1. Professionalism. Appointees of the Eleventh Judicial District for the service of

process are expected to act in a professional manner during the execution of their

assigned duties.

2. Use of Force. The use of force by process servers will not be authorized in this

district.

3. A process server is expected to know the legal rights of party litigants and the

rights of third persons.

4. No process server shall utilize any weapon, including a firearm, in the conduct of

his or her duty except for legal self-defense.

5. The appointment by the Court of a person as a process server does not impart to

them any authority to arrest.

These general guidelines do not grant any rights to process servers unless

otherwise provided by law.

DOMESTIC RELATIONS

RULE NO. 15

Mandatory Parenting in Divorce Class Attendance. The parents of minor children

who are parties to an action for divorce, annulment, separate maintenance, paternity, or

otherwise, that in any manner pertains to custody or parenting time with minor children,

shall attend and complete an education seminar, certified by the Chief Judge, concerning

the emotional and psychological effect of the termination of marriages on children and/or

the effect of custody and parenting time issues on their children. This rule also apples to

parents involved in post-decree motions for modification of custody and/or parenting

time who have not previously taken the class.

Both parents prior to trial or final hearing must complete the seminar, unless

attendance is excused or deferred by the presiding judge for good cause shown.

RULE NO. 16

Domestic Relations Mediation. Unless waived by the presiding judge, any contested

child custody, residency or parenting time issue shall be submitted to mediation by a

neutral mediator before being scheduled for a final evidentiary hearing. This rule applies

to all such actions, including those filed under the Kansas Parentage Act and may be

required in Protection From Abuse actions..

Counsel shall submit a proposed order for mediation to the court, approved by one or

both counsel, substantially in the form set out below. The order shall contain the names,

addresses and telephone numbers of the parties. No hearing regarding disputed custody,

residency or parenting time issues shall be scheduled until the mediation process has been

completed.

The order shall provide, and counsel submitting and approving the order shall be

deemed to have certified, that the parties and their counsel have engaged in substantial

good faith efforts to amicably settle the issues concerning custody, residency and/or

parenting time, and that further progress is impossible without the intervention of an

independent mediator.

The mediator shall report the results of mediation to the court and to the attorneys for

the parties. If agreement is reached, the proposed agreement shall be submitted to

counsel for the parties for execution by the parties. Any agreement shall provide for a

procedure by which disputes between the parents may be resolved without court

intervention. Counsel shall, within ten days thereafter, submit to the court a proposed

order approving the agreement.

ORDER FOR MEDIATION

Now on this ___ day of _______, 20__, the undersigned parties and/or

counsel, having certified by signature hereto, that the parties and their counsel have

engaged in substantial good faith efforts to amicably settle the issues concerning

custody, residency and/or parenting time, and that further progress is impossible

without the intervention of an independent mediator, IT IS ORDERED:

1. The above-named parties shall participate in mediation by a neutral mediator, as

defined by K.S.A. 23-3501, of the disputed issues of child custody, residency and

parenting time. Unless otherwise ordered, the costs of mediation shall be shared

equally by the parties.

2. ____________________________________ shall serve as mediator in this

case by

____ agreement of the parties ____ by order of the presiding judge.

3. Counsel shall promptly provide a copy of this Order to the mediator.

4. The parties shall arrange directly with the mediator for mediation.

5. The results of mediation shall be reported to court and to counsel by the

mediator. If agreement is reached, the agreement shall be promptly reduced to

writing and signed by the parties. Counsel shall submit, within ten days

thereafter, a proposed order approving the agreement.

6. The addresses and telephone numbers of the parties are:

Petitioner: _________________________________________________________

Respondent: _______________________________________________________

7. No hearing regarding these issues shall be scheduled until the mediation process

is complete.

__________________________________

Judge of the District Court

APPROVED:

Attorney for Petitioner: __________________________________

Attorney for Respondent: __________________________________

RULE NO. 17

Mediated Agreements; Changes. Changes in a parenting plan may be made by

agreement of the parents without prior approval of the mediator. In the event that

communications break down and the parents find they are unable to work through their

problems, they will actively seek assistance and negotiation through mediation before any

court action is initiated.

RULE NO. 18

Parenting Time and Contact Guidelines. The following is a sample parenting time and

contact schedule that the judges in this district will normally consider minimally

consistent with the best interests of the child(ren) under a joint legal custody and

parenting time order.

1. Alternate Weekends: Parent B to have alternate weekend parenting time

beginning at 6:00 p.m. on Friday until 7:00 p.m. on Sunday.

2. Evening Physical Custody. Parent B to have one weekday evening per week

which, if feasible, should be overnight.

3. Easter Weekend. Parenting time with parent B from 6:00 p.m. Friday until 7:00

p.m. Sunday during even numbered years and with parent A during odd numbered

years.

4. Spring Break. Parenting time with each parent during one half of the spring

break, with a transfer to occur on Wednesday evening at 7:00 p.m. The parent

normally having the child during the first weekend of spring break shall continue

to have the child until the Wednesday transfer.

5. Mother’s Day. From 9:00 a.m. until 7:00 p.m. with the child’s mother.

6. Memorial Day. From 6:00 p.m. Friday until 7:00 p.m. Monday with Parent A in

even numbered years and parent B during odd numbered years.

7. Father’s Day. From 9:00 a.m. until 7:00 p.m. with the child’s father.

8. Independence Day. From 6:00 p.m. July 3 until 9:00 p.m. on July 5 with parent A

during even numbered years and parent B during odd numbered years.

9. Labor Day. From 6:00 p.m. Friday until 7:00 p.m. Monday with parent B during

even numbered years and parent A during odd numbered years.

10. Halloween. A minimum of three hours Halloween evening with parent A in even

numbered years and with parent B during odd numbered years.

11. Thanksgiving. From 7:00 p.m. Wednesday until 7:00 p.m. Thursday with parent

B during even numbered years and parent A during odd numbered years.

12. Christmas Eve. From 7:00 p.m. the day school is dismissed for Christmas

vacation until 10:00 p.m. Christmas Eve, December 24, with parent B during even

numbered years and parent A during odd numbered years.

13. Christmas Period. From 7:00 p.m. December 24 until 7:00 p.m. December 30

with parent A during even numbered years and parent B during odd numbered

years.

14. New Year’s Eve and New Year’s Day. From 7:00 p.m. December 30 until 7:00

p.m. on the evening before school resumes with parent B in even numbered years

and parent A in odd numbered years.

15. Parent’s Birthday. The child shall spend part of the day (a minimum of three

hours) with the respective parent on that parent’s birthday.

16. Child’s Birthday. The child shall spend the child’s birthday with parent B in even

numbered years and with parent A in even numbered years. The child shall spend

the day before or the day after the child’s birthday with the other parent.

17. Vacation. After 30 days advance notice and consultation with the other parent,

each parent may arrange to take a vacation trip with the child for a period not

exceeding 14 days.

18. Conflicts and Good-faith Considerations:

a. Birthday – Holiday. Conflicts between a holiday and a birthday shall be

resolved in favor of the holiday schedule. However, the parties are directed to

be flexible in allowing the birthday to be celebrated before or after the holiday

period.

b. Weekend - Holiday. Conflicts between weekends and holidays shall be

resolved in favor of the holiday schedule.

c. Weekend. The schedule of weekend parenting time shall be determined

without regard to whether the regular schedule has been preempted from time

to time by one of the scheduled holidays. There shall be not adjustment for

“missed” weekends due to interruption by the holiday visitation schedule,

however, the parties are encouraged to compensate for missed parenting time

so a non-residential parent will not go three weekends without seeing the

child.

d. Adjustments. It is expected that parents will exercise good faith with each

other and act in the best interests of their child(ren) so that each parent can

have a full and active participation in the lives of their child(ren). Any

parenting plan or schedule, for example, should take into consideration the

age of the child. For infants and preschool children, consideration should be

given to scheduling more frequent but shorter contacts with parent B during

the week on a routine and consistent basis. Consideration should also be given

to older adolescents whose personal schedules may interfere with these

guidelines.

19. Telephone and Internet Communication. Telephone calls and Internet

communication between parent and child should be liberally permitted at

reasonable hours and at the expense of the calling parent. Weekly telephone

communication with the child should be permitted.

20. Mail and e-mail Contact. Parents and children should have an unrestricted

right to send cards, letters, packages, audio, video and e-mail communications

to each other. Neither parent should interfere with this right.

21. Long Distance Parenting. When there is a significant geographical distance

separating the two parents, parenting plans should provide for the following:

a. Weekly telephone contact.

b. Longer periods of parenting time during school holidays.

c. Extended summer residency for school age children.

d. The parent having residency where the child goes to school shall send school

records, school calendars, school photographs, activities schedules, report

cards, standardized test results, etc. on a frequent basis to the other parent.

RULE NO. 19

Expedited Judicial Process. All judges in this district will be available to preside at

summary proceedings relating to the establishment, modification, or enforcement of child

support, parenting time and visitation per the mandate of Kansas Supreme Court Rule

172.

All judges in this district shall be available, on request of the Chief Judge, any Clerk

of the Court, counsel or party pro se, to assist with, handle and expedite judicial process

of petitions filed pursuant to K.S.A. 65-6705, in conformity with Kansas Supreme Court

Rule 173. If such proceedings arise after hours, the attorney or party may follow the

procedure set out in the probable cause rule herein provided.

RULE NO. 20

Costs and Assignments in Domestic Relations Cases.

1. Costs in Prior Actions. No case for divorce, annulment or separate maintenance

shall be filed where there is a record in the Clerk’s Office of a prior case between

the same parties which is undisposed of unless the court costs have been paid, or

unless the court shall otherwise order for good cause shown. In any event the

unpaid costs in such prior case shall be assessed as costs in the new case and the

court shall make an order for the payment of costs.

2. Prior Divorce Actions Between Parties. If the parties have previously filed a

divorce action in this judicial district, the case shall be assigned to the same judge

to that the previous case was assigned.

3. Assignment of Divorce and Protection From Abuse Cases. When a protection

from abuse action is filed, and there is a prior filing of a divorce action between

the same parties, the protection from abuse action shall be assigned to the judge

that the divorce action was assigned. Conversely, when a divorce action is filed

subsequent to a protection from abuse action, the divorce action shall be assigned

to the judge that the protection from abuse action is assigned.

4. Assignment CINC Cases. Pending divorce, protection from abuse and child in

need of care cases that involve the same children should be assigned to the judge

before whom the CINC case is pending or to the district judge having general

jurisdiction.

RULE NO. 21

Dismissal of Protection from Abuse and Protection from Stalking Actions. If the

plaintiff in a protection from abuse or stalking action fails to appear at the scheduled

hearing for final orders, the case shall be dismissed without further notice to either party

unless the defendant appears and consents to entry of an order.

RULE NO. 22

Dissemination of Custody Investigation Reports.

1. Application. This rule applies to cases where the court directs that a written

report be prepared by an investigator relating to child custody issues.

2. Investigator. The term “investigator” includes anyone whom the court directs to

make an investigation or evaluation, including court service officers, mental

health counselors, professionals, and guardian ad litems.

3. Dissemination and Copies of Reports. The investigator shall provide a copy of

the report to the attorney of record for each party and a copy shall be provided to

the judge. Attorneys may discuss the contents of the report with their clients, but

shall not give a copy of the report to their clients and shall not permit their clients

to read, copy or make notes from these reports. If a party is not represented by an

attorney of record, the report shall be made available for review by the pro se

litigant, but no copy of the report shall be given to unrepresented parties. The

review of the report by a pro se litigant shall be subject to such conditions as the

court shall determine. If a pro se litigant is allowed to read the report, then the

represented litigant shall be allowed the same privilege.

4. Exceptions. Exceptions to this policy shall be granted only upon a showing of

necessity after a written motion and hearing. A copy of the motion and notice of

hearing shall be served upon the investigator who prepared the report, who shall

be allowed to advise the court regarding the investigator’s recommendations as to

the risks of providing a written copy of the report.

5. Notice. The following notice shall be included as part of any order for child

custody investigation or report.

IT IS BY THE COURT ORDERED that the attorneys of record may discuss the

contents of the report with their clients but shall not give a copy of the report to

their clients and shall not permit the clients to read or make notes from the report.

IT IS FURTHER ORDERED that a party not represented by counsel shall be

allowed to review the report, but shall not be provided with a copy of such report.

The court may set further conditions upon the review of the report by a party not

represented by counsel.

IT IS FURTHER ORDERED that failure to comply with the terms of this order,

by either attorney or a party, may be punishable by such sanctions for contempt as

the court may determine.

RULE NO. 23

Necessary Parties in Child Support and Paternity Actions. In any action brought for

the purpose of establishing or enforcing child support and/or for reimbursement of birth,

medical, support, and education expenses of a child, both parents shall be joined as

parties to the action if they are subject to service of process in this state. In the absence

of good cause shown, custody and parenting time issues shall be addressed and resolved

in the same proceeding.

CIVIL

RULE NO. 24

Poverty Affidavits. A poverty affidavit submitted pursuant to K.S.A. 60-2001, or any

other applicable chapter, shall include, or be accompanied by, an affirmation that no

attorney fee has been paid and that none will be paid until such time as all docketing fees,

including surcharges, have been fully paid.

Filing for Extensions Out of Time. An extension of time may be granted pursuant to

Supreme Court Rule No. 113 or by the court ex parte as the interests of justice may

demand. However, no ex parte permission shall be granted to file any pleading out of

time. Anyone aggrieved by such an extension shall be entitled to a hearing upon three

days’ notice.

RULE NO. 25

Discovery.

1. Time for Giving Notice of Depositions. “Reasonable time” within which notice

must be given before taking of a deposition under K.S.A. 60-230(a) shall be five

days. For good cause shown, the court may enlarge or shorten such time.

K.S.A. 60- 206 shall govern the computation of time.

2. Motion for Protective Order. The filing of a motion for protective order pursuant

to K.S.A. 60-226 or 60-230 shall stay the discovery at which the motion is

directed pending order of the court. The filing of a motion to quash or modify a

deposition subpoena pursuant to K.S.A. 60-245 shall stay the deposition at which

the motion is directed. 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 for the parties by delivering a copy within ten days after

service of the deposition notice, and at least 48 hours prior to the noticed time of

the deposition. Pending resolution of any motion which stays a deposition under

this rule, neither the objecting party, witness, or any attorney shall be required to

appear at the deposition to which the motion is directed until the motion has been

ruled upon or otherwise resolved.

3. Motions for Order Compelling Discovery.

a. Except as otherwise ordered, the court will not entertain any motion under

K.S.A. 60-237, unless counsel for the moving party has conferred with or

has made reasonable effort to confer with opposing counsel concerning the

matter in dispute prior to the filing of the motion. The moving party shall

certify as to the efforts of the parties to resolve discovery or disclosure

disputes and shall describe the steps taken by all counsel to resolve the issue

in dispute.

b. Motions under K.S.A. 60-226 or 60-237 directed at interrogatories, requests

for production, or requests for admissions and the responses thereto, shall be

accompanied by copies of the portions of the interrogatories, requests or

responses in dispute.

RULE NO. 26

Scheduling Conference. The court may set a scheduling conference on its own or on

request of any party. Unless otherwise directed by the court, counsel may appear at the

scheduling conference by conference call. The parties shall agree in advance as to who is

responsible for initiating the call. Matters for discussion and scheduling at the discovery

conference are time limits for discovery, for listing of expert witnesses and furnishing

reports or interrogatory responses, for amendments to pleadings, for dispositive motions,

for listing of witnesses and exhibits, for hearing of motions, to schedule the case for

pretrial conference and to discuss such other appropriate matters as counsel or the court

may wish.

RULE NO. 27

Pretrial – Non-Domestic Cases.

1. Agreed Pretrial Order. Prior to any pretrial conference setting, counsel shall

confer to determine if they can agree to submit a jointly prepared pretrial order.

When an agreed pretrial order is submitted to the court prior to the pretrial

conference, counsel may appear at the pretrial conference by conference call by

making prior arrangements between themselves for the placing of the call. The

agreed pretrial order shall cover all relevant matters outlined in Supreme Court

Rule No. 140.

2. Pretrial Questionnaires. In the event counsel cannot agree upon a pretrial order,

they shall prepare and exchange pretrial questionnaires at least 10 days prior to

the scheduled pretrial conference. The questionnaires shall specify all relevant

information contemplated by Supreme Court Rule No. 140.

3. Failure to Appear at Pretrial Conference. If a party fails to appear at a pretrial

conference after notice, an ex parte hearing may be held and an appropriate order

or judgment entered.

RULE NO. 28

Interviewing Experts. When the physician-patient privilege has been waived or does

not exist under the terms of K.S.A. 60-427, lawyers may interview treating physicians

outside the presence of the patient or opposing counsel, providing the physician is

supplied with a written consent by the person holding the privilege or by a qualified

Protective Order of this court that incorporates the applicable provisions of HIPAA (42

U.S.C. 1320d, et seq.) and regulations promulgated pursuant to HIPAA. Lawyers may

not interview any expert witness who has been retained or specially employed by another

party in anticipation of litigation or preparation for trial without consent of counsel or

order of the court.

RULE NO. 29

Voir Dire Examination. Questions asked and answered on juror questionnaires shall not

be unnecessarily repeated by counsel during voir dire examination. Counsel should, so

far as practicable, direct questions to the panel as a whole, avoid unnecessary repetition

of questions, and avoid inquiry about anticipated instructions and the law.

RULE NO. 30

Pleading Judgment Amounts and Interest. When presenting an order of judgment to

the court, the presenting attorney shall set out the amount of the original judgment sum

itself and separately set out the amount claimed as interest on the judgment, particularly

detailing the pre- and post-judgment amounts and the interest rate and time periods that

are claimed to be applicable.

RULE NO. 31

Medical Malpractice Screening Panels.

1. Required Information. Any party filing a request for a malpractice screening

panel shall file with the request:

a. A short statement explaining the basic failures alleged and the nature of the

alleged injury. (That defendant was negligent or deviated from care or duty

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.

b. An order signed by counsel and ready for the court’s signature authorizing the

release of medical records, 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.)

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 treatment. To the extent possible, full names and addresses shall be

provided.

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

2. Additional Requirements. Along with the notice convening the screening panel,

the court will 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.

3. Status Conference. On application of any party or of the chairperson, the court

will hold a status conference requiring counsel for the parties and chairperson to

appear to establish a schedule for the submission of records, contentions and the

preliminary conference of the panel.

4. Submission of Affidavits, Opinions and Depositions. Except by agreement of all

parties, no affidavits from the parties, nor any “expert opinions,” nor depositions

taken in the case shall be submitted.

5. Report. The chairperson shall provide a file stamped copy of the opinion of the

panel to counsel for all parties.

RULE NO. 32

Small Claims.

1. Forms of Pleadings. A party to an action filed pursuant to the Small Claims

Procedures Act shall set forth the statement of claim using substantially the same

form prescribed by K.S.A. 61-2713.

2. Signature of Parties. Any pleading or other paper filed by a party in a small

claims action shall be signed by the party filing the same before a person

authorized by law to acknowledge signatures.

3. Responsive Pleadings. Any defendant’s claim shall be filed within such time

before the scheduled trial date as to allow the plaintiff reasonable time and

opportunity to prepare the case as to the defendant’s claim.

4. Case Settings. All small claims cases shall be set on the court’s trial docket as

soon as reasonably possible after filing, allowing proper time for service of

process and in any event no later than 120 days after the original filing date unless

otherwise extended by order of the court.

5. Continuances. Unless by agreement of the parties, continuances of trial settings

of small claims cases shall be for good cause only, or as justice shall demand.

6. Dismissal for Lack of Prosecution. Small claims cases may be dismissed by the

court for want of prosecution from time to time upon such terms and conditions

and notice as the judge shall prescribe.

7. Entry of Appearance by Attorney After Judgment. After judgment has been

entered, an attorney filing an entry of appearance shall send appropriate notice

thereof to the opposing party before appearing on behalf of and/or representing a

party to a small claim action.

8. Appeals. An appeal from any judgment rendered under the Small Claims

Procedures Act may be taken pursuant to K.S.A. 61-2709.

RULE NO. 33

Recovery of Attorney Fees in Bad Check Cases. In cases seeking recovery of attorney

fees pursuant to K.S.A. 60-2610, the court will presume that the sum of $300 shall

constitute a reasonable attorney’s fee in the absence of an affidavit or other evidence

demonstrating, under applicable standards, i.e., Model Rule of Professional

Responsibility 1.5, that a greater amount is required for the award of a reasonable fee in a

specific case.

The entry of judgment stating that reasonable attorney’s fees are being awarded in a

specific amount shall constitute a finding of fact that the amount awarded constituted the

reasonable attorney’s fee in that case under K.S.A. 60-2610(a) and does not constitute a

waiver of all or part of the reasonable attorney’s fees incurred by the plaintiff. If a waiver

of all or part of the fees found by the court to have been reasonable attorney’s fees is

made pursuant to the separate statutory authorization to waive those fees, then the court

will make specific written findings as to the reasons that the amounts separately awarded

as statutory penalties in that case are sufficient to adequately compensate the holder of

the check and, accordingly, to waive all or part of the attorney fees otherwise found by

the court to have been reasonable in that case.

RULE NO. 34

Chapter 61 Appearances.

1. Eviction Actions. When a defendant appears in lieu of answering an eviction

action filed pursuant to K.S.A. 61-3801, et seq., and amendments thereto, the

defendant or defendant’s attorney shall complete and file an Appearance of

Defendant in Eviction Cases form to be supplied by the Clerk substantially as

follows:

(Caption)

APPEARANCE OF DEFENDANT IN EVICTION ACTIONS

On this ______ day of ______________, 20__, the defendant, ______________

___________________________________________________(name) appears in person

and/or by attorney ____________________________________________.

Defendant (choose one of the following):

_____ Admits the allegations of the petition. The plaintiff may take judgment without

further notice.

_____ Denies the allegations of the petition and hereby sets out the following Answer

to the petition:

(a) Defendant admits paragraphs numbered ________ of the petition.

(b) Defendant denies paragraphs numbered ________ of the petition.

which he/she will rely at trial: ___________________________________

___________________________________________________________.

This action must be tried within fourteen (14) days. Trial Date:

_________________, 20___ at ________________ __.m.

_______________________________ ______________________________

Signature of Defendant Signature of Defendant’s Attorney

_______________________________ ______________________________

Address of Defendant Address of Defendant’s Attorney

_______________________________ ______________________________

Defendant’s Telephone Number Attorney’s Telephone Number

2. Actions Other Than Eviction. When a defendant appears in lieu of answering any

action filed pursuant to K.S.A. Chapter 61, other than an action for eviction, the

defendant or defendant’s attorney shall complete and file an Appearance of Defendant

form to be provided by the Clerk substantially as follows:

(Caption)

APPEARANCE OF DEFENDANT

On this _____ day of ___________________, 20__, the defendant,

____________________________(name), appears in person and/or by attorney

_________________________________________.

Defendant: (Choose one of the following):

_____ Admits the allegations of the petition. The plaintiff may take judgment

without further notice.

_____ Denies the allegations of the petition and requests fourteen (14) additional

days to file an answer or other pleading. If no answer is filed within

fourteen (14) days, plaintiff may take judgment without further notice.

New Answer date is: _________________________________________.

_____ Denies the allegations of the petition and hereby sets out the following

answer to the petition:

(a) Defendant admits paragraphs numbered _____________of the petition.

(b) Defendant denies paragraphs numbered ____________ of the petition.

he/she will rely at trial.

______________________________________________________________

__________________________________________________

______________________________ _____________________________

Signature of Defendant Signature of Defendant’s Attorney

________________________________ _____________________________

Defendant’s Address Attorney’s Address

________________________________ _____________________________

Defendant’s Telephone Number Attorney’s Telephone Number

JUVENILE

RULE NO. 35

Uniform Procedure for Extended Jurisdiction Juvenile Prosecution. The basic

procedure for processing extended jurisdiction juvenile prosecutions in this judicial

district pursuant to K.S.A. 38-2347(a)(3) and the mandate of K.S.A. 38-2347(e)(2), are as

follows:

1. Any motion filed by the State of Kansas seeking to designate proceedings as an

extended jurisdiction ("EJ") juvenile prosecution shall be filed within thirty (30)

days of the initial filing of charges against the Respondent. A request to file said

motion out-of-time may be granted only for good cause shown.

2. A motion seeking EJ status shall be set for hearing by the court as soon as is

reasonably practicable.

3. Pursuant to K.S.A. 38-2347(b), the State of Kansas shall include, in any motion

seeking EJ status, a statement that the prosecuting attorney will introduce

evidence of the offenses alleged in the complaint and request that, on hearing the

motion and designating the proceedings as an EJ prosecution, the court may make

the finding provided in K.S.A. 22-2902, and the finding that there is no necessity

for further preliminary examination.

4. Any motion seeking EJ status shall identify by name and address all persons who

are to be notified of the hearing pursuant to K.S.A. 38-2347(c). The motion shall

be accompanied by a proposed Order for Hearing for the

Clerk's use in scheduling and providing notice. The Clerk of the District Court

will send notice, by first class mail, of the date, time and place of hearing, to all

persons listed in the motion.

5. The original guardian-ad-litem assigned to the case shall represent the respondent

throughout all stages of the proceedings, including any jury trial proceedings

requested by respondent.

CRIMINAL

RULE NO. 36

Motions to Suppress. Motions to suppress a statement or evidence of a crime shall be

filed no later than twenty (20) days after arraignment absent a showing of good cause.

1. The method of reporting may be altered in accordance with the risk/needs

process.

2. Reporting requirements may be reduced or eliminated in accordance with

the risk/needs process.

3. Early termination of probation may be requested.

(re-numbered 10/25/19)

RULE NO. 37

Speedy Trial. The responsibility to compute speedy trial lies with the prosecutor.

1. When any criminal case is scheduled for trial or continued for trial, the County

Attorney shall review the speedy trial time elapsed and advise the court forthwith

if the beginning trial date is not within the speedy trial provisions of K.S.A. 22-

3402.

2. All other perceived speedy trial problems shall be immediately brought to the

attention of the court by the County Attorney.

(renumbered 10/25/19)

RULE NO. 38

Self-Defense Immunity. A criminal defendant is required to assert any immunity

defense based on self-defense prior to preliminary hearing, so that it may be decided in

conjunction with a preliminary examination at a single evidentiary hearing.

RULE NO. 39

Pretrial Conference and Proposed Jury Instructions. The court may schedule a

pretrial conference in any pending criminal action on application of any party or attorney

or on the court’s own motion. Any pretrial conference shall be held not less than

fourteen (14) days prior to trial. The prosecution and the defendant shall file proposed

jury instructions with the court on or before the date of the pretrial conference.

(renumbered 10/25/19)

RULE NO. 40

Intermediate Probation Violation Sanctions. It is the policy of this judicial district that

the following internal discretionary sanctions and incentives should be considered and

applied to all criminal and traffic cases, where appropriate, for violations of probation

committed by offenders. It is the purpose and intent of this rule to provide motivation for

the offender to bring about positive change in his/her behavior and to avoid, if reasonably

possible, the need to request revocation.

A. Sanctions

1. A verbal warning.

2. Refusal of permission to travel for pleasure.

3. Community service work hours not to exceed 10 hours for each violation.

4. Required participation in mental health or substance abuse evaluation and or

treatment.

5. Increased reporting and or job search requirements.

6. Imposition of curfew with or without electronic monitoring.

7. House arrest/detention with or without electronic monitoring, up to 30 days

per occurrence.

8. Arrest or detention in emergency situations as authorized by statute or by

order of the court.

Surveillance, with or without electric monitoring, is not considered a sanction and may

be imposed at any time.

B. Incentives

1. The method of reporting may be altered in accordance with the risk/needs

process.

2. Reporting requirements may be reduced or eliminated in accordance with

the risk/needs process.

3. Early termination of probation may be requested.

(renumbered10/25/19)

RULE NO. 41

Termination, Extension or Modification of Probation – Procedure. A supervising

officer recommending termination, extension, or modification of probation shall provide

the county attorney a proposed order of such request.

In the event the county attorney rejects or fails to approve the proposed order

within five (5) business days of its delivery, then the supervising officer shall file with the

clerk of the district court a Request to Extend, Modify, or Terminate Probation and

Notice of Filing, with Notice to the County Attorney, setting forth the reasons for such

request with notice that if an objection and request for hearing are filed within fourteen

(14) days by the county attorney, the court may approve the original order.

If an objection and request for hearing is filed by the county attorney, then the

clerk shall schedule the request for hearing on the court’s calendar and the court shall

appoint counsel to represent the defendant at the hearing.

AUTHORITY TO WRITE BONDS

RULE NO. 42

Bail and Appearance Bonds. Any person proposing to write appearance and bail bonds

under the authority or approval of a judge of this judicial district shall submit a written

application to the Chief Judge specifying the following information:

1. The name of the applicant seeking authority;

2. The name of the company or agency, if any, under which the applicant is

employed, working or doing business;

3. The applicant’s business mailing address and street address;

4. The applicant’s business telephone number(s); and

5. The county or counties where approval is sought.

Where applicable, the following additional information shall be provided:

1. The name of insurance company surety;

2. The State of Kansas Insurance Agent's License number; and

3. The surety limits sought.

Individuals proposing to write bonds on behalf of insurance companies shall attach to

the application a certificate of insurance and of their authority to write bonds. Insurance

companies must be authorized to do business in the State of Kansas.

Individuals writing bonds other than on behalf of an insurance company shall attach

to the application a verified financial statement describing the property by which such

surety proposes to justify and the encumbrances thereon, the number and amount of other

bonds and undertakings for bail entered into by such surety and remaining undischarged

and such surety's other liabilities. Individuals shall not write a total of bonds in this

district exceeding $100,000.00 without the express written approval and authority of a

judge of this district.

Certificates of insurance and financial statements shall be renewed annually on April

15 of each year.

Upon compliance with the terms and conditions set out herein, a Certificate of the

authority and qualifications of the individual authorized to write bonds will be issued to

the applicant and to the Sheriff, Clerk of the District Court, and County Attorney in each

county where said individual is authorized to write bonds.

The discretion of the sheriff of any county of this district to accept and approve bonds

pursuant to the authority of K.S.A. 22-2806, amendments thereto, and Kansas Supreme

Court Rule No. 114, or other appropriate authority, shall not be affected by this Rule or

any certificate issued pursuant to the terms of this Order.

(renumbered 10/25/19)

RECORDS RETENTION SCHEDULE

RULE NO. 43

The Eleventh Judicial District has developed the following retention schedule, to allow

destruction of certain records in conjunction with Supreme Court Rule 108 adopted July

1, 2016.