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Reglas de la corte local

El objetivo de estas reglas es proporcionar procedimientos claros para la disposición justa, oportuna y rentable de los casos presentados en el Dieciocho Distrito Judicial. Las copias de estas reglas se guardan en la oficina del Secretario del Tribunal de Distrito y en la Biblioteca de Leyes del Condado de Sedgwick.

Justice Scale
  • Administrative Order 05-5
    Preservation of Court Records in Electronic Format
  • Administrative Order 06-1
    Documents may be Signed, Filed and Verified by Electronic Means
  • Administrative Order 16-4
    Mandatory Electronic filing for Attorneys
  • Administrative Order 20-1
    ORDER REGARDING COURT SERVICES OFFICERS AND REPORTING DURING COVID-19 PANDEMIC
  • Administrative Order 20-2
    ORDER REGARDING TRAFFIC COURT DURING COVID-19 PANDEMIC
  • Administrative Order 20-3
    ORDER IMPOSING JUDICIARY RESTRICTED OPERATIONS DUE TO COVID-19 EMERGENCY.
  • Administrative Order 20-4
    Administrative Order 20-4
  • Administrative Order 20-5
    Adminstrative Order 20-5
  • Administrative Order 20-6a
    Administrative Order 20-6a
  • Administrative Order 20-6b
    Administrative Order 20-6b
  • Administrative Order 20-8
    Administrative Order 20-8
  • Administrative Order 20-11
    Administrative Order 20-11
  • Administrative Order 21-02
    Administrative Order 21-02
  • What number do I call for court information?
    The number for the Information Center is (316) 660-5900. The Information Center has a staff of very knowledgeable District Court clerks who are very helpful in answering questions.
  • Can the clerks at the Information Center or in the clerk's office assist me with legal information?
    None of the clerks in any office can give legal advice. The following agencies can assist you with legal questions: Kansas Legal Services' justice advice line: (316) 265-0033 Kansas Bar Association's KS Lawyer referral service and advice line: (316) 265-1247 or (800) 928-3111
  • What are your hours?
    The clerks offices are open 8:00am to 4:00pm.
  • What is the courts holiday schedule?
    Click here to view the Courts Holiday schedule.
  • How do I get to the Courthouse and where do I park?
    For directions to the Courthouse and where to park, please click here.
  • How do I get to the Juvenile Facility?
    Please click here for a map displaying the Juvenile location. The Google™ map provides directions to the Juvenile Facility from any location and allows dragging, satellite, and hybrid satellite/street views.
  • How can I gain access to Court Records?
    There are three ways to access Court Records: Visit the Courthouse at 525 N Main, 6th floor Court Records department and view records on public access computers Subscribe to Sedgwick County Subscriber Access network - Fee required Obtain access through the Information Network of Kansas at their web site www.kansas.gov - Fee required (Direct link: https://www.kansas.gov/countyCourts) Sedgwick County Subscriber Access Network and AccessKansas currently have all public records available. All public records are available at the Courthouse from 8 am to 5 pm. 4 pm to 5 pm access is available in the 1st Floor jury room, for printed copies please see the 1st Floor Paystation. Please read below for more information on Sedgwick County and AccessKansas record viewing options. The 18th Judicial District Court, through your choice of the Information Network of Kansas or the Sedgwick County's Department of Information and Operation, is pleased to offer you online, view-only access to selected official legal Court information: The information you need Delivered to your location Access greater than 8 a.m. to 5 p. m. business hours. You can enjoy the advantages of having selected information used and maintained by the 18th Judicial District Court available to you. These are the same computer records used in Court offices. Some records currently available to subscribers include: District Court Records Marriage License Civil Court Criminal Court Domestic Court Probate Court Support Division / Court Trustee Traffic Division If you would like to gain extended remote access to the court records for a fee through Sedgwick County click on the link below: Sedgwick County Subscriber Access Network The Sedgwick County Subscriber Access Network was established by the Department of Information & Operations to provide citizens and organizations access to the public records of Sedgwick County on a subscription basis. The rights to view this information are in compliance with Kansas statutes that address access to public records granted to the Department of Information & Operations by the governmental entity responsible for the individual databases being accessed. If you would like to gain access to the court record through Access Kansas call 1-800-4-KANSAS or visit their web site at State of Kansas (INK). The Department of Information & Operations and the 18th Judicial District Court cannot accept responsibility for the timeliness nor the accuracy of the data being provided via the network.
  • Rule 100: Court Structure
    The District Court of the Eighteenth Judicial District shall be divided into departments. The departments shall be designated as Civil, Criminal, Domestic, Probate and Juvenile. The Civil, Criminal, Domestic and Juvenile Departments shall each have a Presiding Judge to generally supervise the business of such departments. Such Judges will be appointed by the Chief Judge. The Chief Judge may remove such Judge in his/her discretion.
  • Rule 101: Department Staffing
    The Civil Department shall consist of 5 Trial Judges, including the Presiding Civil Judge. The Criminal Department shall consist of 10 Trial Judges, including the Presiding Criminal Judge. The Family Law Department shall consist of 5 Trial Judges, including the Presiding Family Law Judge. The Juvenile Department shall consist of 4 Trial Judges, including the Presiding Juvenile Judge. Probate Department shall consist of the Probate Judge.
  • Rule 102: Traffic / First Appearance Judge
    In addition to the Judges assigned pursuant to Rule 101, a Judge shall be assigned by the Chief Judge as the Traffic / First Appearance Judge. The Judge so assigned shall have responsibility over all traffic cases filed in the Eighteenth Judicial District. In addition, the Judge so assigned will conduct all first appearance hearings required by K.S.A. 22-2901.
  • Rule 103: Drug Court / Chapter 61 Judge
    In addition to the Judges assigned pursuant to Rule 101, a Judge shall be assigned by the Chief Judge as the Drug Court / Chapter 61 Judge. The Judge so assigned shall have responsibility over all cases that have been approved and accepted into Drug Court. In addition, all Chapter 61 cases that are designated as landlord – tenant or debt collection cases in which the defendant has appeared shall be assigned to the Drug Court / Chapter 61 Judge. All other Chapter 61 cases shall be assigned to the Judges in the Civil Department.
  • Rule 104: Chief Judge
    The Chief Judge shall perform the duties as specified by the Rules of the Supreme Court and the Kansas Statutes Annotated as amended.
  • Rule 105: Absence of Chief Judge
    In the absence of the Chief Judge, these duties shall be performed by any Judge the Chief Judge designates.
  • Rule 106: Administrative Orders
    All District Court Administrative Orders will be filed with the Clerk of the District Court. Copies of such orders shall be furnished to the Sedgwick County Law Library.
  • Rule 107: Court Sessions
    Unless otherwise ordered, court shall be in regular session from 9:00 A.M. to 12:00 Noon and 1:30 P.M. to 5:00 P.M., Monday through Friday.
  • Rule 108: Department Vacancies
    Any vacancy created in any of the Departments shall be filled by seniority. Any vacancy created in the Traffic/First Appearance Court or the Drug Court/Chapter 61 Court shall be fulfilled by appointment by the Chief Judge.
  • Rule 109: Department Vacancies
    Beginning in January 2021, and every third year thereafter, by seniority, and with the approval of the Chief Judge, the Judges may elect to rotate out of assigned department. At any time, with the approval of the Chief Judge, Judges by agreement may swap assignments. Any Judge who changes assignment may, with the approval of the Chief Judge, retain individual cases in which a change of the assigned judge would not be in the interests of justice.
  • Supreme Court Rule 111
    Supreme Court Rule 111 is hereby amended, effective the date of this order. Click here to read the full order adoptiing Rule 111. FORM OF FILING GENERALLY a.Applicability. Except as provided in subsection (f), this rule sets out requirements that apply to every document prepared for and filed with the court. b.Typeface. The document must be: 1. in a dark ink on light colored paper; 2. in a conventional style font not smaller than 12-point with no more than 12 characters per inch; 3. legible upon scanning and copying; and 4. on only one side of an 8½" x 11" sheet. c.Margins. The margin on the top of a document must be at least 1½ inches. Margins on the bottom and sides of the document must be at least 1 inch. d.Spacing. Text must be double-spaced, except that single spacing may be used for a subparagraph, legal description of real estate, itemization, quotation, headers and footers, and similar subsidiary portions of the document. e.Required Information. The document must include the following: 1. the name of the court in the center of the top of the first page; 2. the case caption and, if the document is filed in an existing case, the case number on the top of the first page below the name of the court; 3. the name, signature, address, telephone number, fax number if any, and e-mail address if any, of the person filing the document; and 4. the attorney's Kansas registration number after the attorney's name if the document is filed by a Kansas attorney or the attorney's state and registration number if the document is filed by an attorney not licensed in Kansas. f. Exceptions. The requirements in this rule specifying type size, margins, and spacing do not apply to: 1. a form approved by the Supreme Court or the Kansas Judicial Council; 2. a form required by a governmental agency, such as a form prepared by the Kansas Sentencing Commission; 3. a document prepared in accordance with the requirements in a statute or other Supreme Court rule, such as preparation of a transcript; or 4. a document submitted by a self-represented litigant. [History: Am. effective September 8, 2006; Restyled rule and amended effective July 1, 2012; Am. effective November 18, 2016; Am. effective June 14, 2019; Am. effective October 11, 2019.]
  • How do I get copies of a record?
    - In person at the Sedgwick County Courthouse - Send a letter to: Records Department 525 N. Main, 6th floor Wichita, KS 67203 - Send a request by fax: (316) 941-5358 - Email your request to micro@dc18.org When requesting information, please be as specific as possible. Include case number (if available), type of case and specific documents requested. Include name(s) of parties, dates of birth, social security numbers and date or approximate date of filing. The dates of birth and social security numbers are to help us verify we are giving you the correct information for the party you are requesting information on.
  • Can I look up records myself?
    Public computers are available 8:00am to 4:00pm on the 6th floor, Records Department, at the Sedgwick County Courthouse, 525 N. Main.
  • What is the cost for getting or receiving copies of records?
    - Copies are 25 cents per page - Certification - $1.00 per certification - Act of Congress - $5.00 each - Fax (if we fax copies to you) - $2.00 for the first page, $1.00 each additional page - Research - any extended, in depth research is $12.00 per hour - Salt Mine Retrieval - $30.00 first file, $15.00 each additional file on the same order
  • Where can I go for a background check on someone?
    Background checks are performed by the Kansas Bureau of Investigation: (785) 296-8200.
  • Can I view a document that has been scanned?
    There are public PC's located in the Records department on the 6th floor that can be used to view documents that have been filed and scanned.
  • What is the fee for a marriage license?
    The fee for a marriage license is $85.50 payable by cash, credit card, or debit card (no checks).
  • How can I get an official copy of my marriage certificate?
    You can contact Vital Statistics in Topeka at 785-296-1400, and request an official copy of your marriage license be mailed to you for $15.00, or you may visit their website at http://www.kdhe.state.ks.us/vital and order your official copy online, fees will apply.
  • How can I get an official copy of a death certificate?
    In order to obtain a copy of a death certificate, contact Vital Statistics in Topeka at 785-296-1400, or you may visit their website at http://www.kdhe.state.ks.us/vital.
  • How do I get married at the courthouse?
    There are several judges that perform wedding ceremonies at the courthouse. A list of judges can be obtained by the bride and/or groom when application is made for the marriage license. The couple will need to set an appointment with a judge and can be married after the marriage license has been purchased.
  • What is the process to get a marriage license?
    Currently, during the COVID-19 Pandemic those interested in applying for a marriage license need to send an email to the following email address:Sedgwick_County_clerk@kscourts.org
  • Where is the Marriage License office located and what are the office hours?
    Currently, during the COVID-19 Pandemic those interested in applying for a marriage license need to send an email to the following email address:Sedgwick_County_clerk@kscourts.org
  • What is the waiting period before I can get married again?
    In Kansas the waiting period is 30 days after the Decree of Divorce has been filed.
  • Can I pick my check up?
    No, all payments are processed through the Kansas Payment Center in Topeka: Kansas Payment Center PO Box 758599 Topeka, KS 66675-8599 phone: (877) 572-5722 website: http://www.kspaycenter.com/
  • Can I get on a list to pick up my check each month?
    No, payments are now processed through the payment center in Topeka. (see "Can I pick my check up?")
  • Why is my check less than what my payor paid?
    There is a fee deducted for Court Trustee.
  • Do you have direct deposit?
    Contact the Kansas Payment Center for direct deposit. Kansas Payment Center PO Box 758599 Topeka, KS 66675-8599 phone: (877) 572-5722 website: http://www.kspaycenter.com/
  • What is my child support balance?
    The Court does not keep balances, check with your attorney or enforcement agency.
  • What is the balance of my arrearage?
    We do not keep balances, check with your attorney or enforcement agency.
  • Why is my check less this month?
    The main reason is that not enough funds were received from the payor. We only post what we receive.
  • Why does my money go to an DCF agency?
    ADC or other cases receiving some type of services from DCF child support enforcement unit are sent to the DCF office.
  • How can I get my child support lowered or increased?
    Motion packet forms are available in the forms section. Completed forms are filed with the clerk's office on the 7th floor at 525 N. Main. There is also a filing fee of $62.00 for post decree motions re: child support, visitation (parenting time) and custody. Although not required, it is recommended that you hire an attorney for this procedure.
  • What do I do to get my payor to pay?
    Contact the Court Trustee office on the 7th floor of the Courthouse or by calling 660-5833.
  • What do I do to change my address?
    Address changes must be in writing. They can be mailed. We will need case number, payors name, payees name, old address, and new address. Mailing address: Family Law, 7th floor 525 N. Main Wichita, KS 67203
  • How do I get a restraining order?
    We have what are called Protection from Abuse cases and Protection From Stalking cases, call Family Court Services at 660-5900 to see if you qualify. The Forms and short videos on the process are available here.
  • How do I get a copy of my divorce papers?
    Copies can be obtained either by appearing in person at the courthouse and requesting them, or by mailing your request to the Records department. You may also email your request to micro@dc18.org.
  • How do I get a divorce without being represented by counsel?
    Forms and instructions are available on this website in the Forms section. The filing fee is $197.00
  • How do I file a motion?
    Motion packets are available at the Family Law department in the Courthouse. If you are outside the Wichita area, you can find them in the Forms section. There is a filing fee of $62.00 for post decree motions re: child support, visitation (parenting time) and custody.
  • When do I pay filing fee for motions?
    There is a $62.00 fee for post judgment motions on divorce cases to modify custody, visitation (parenting time), or child support.
  • Can I view a document that has been scanned?
    There are public PC's located in the Records Department on the 6th floor that can be used to view documents that have been filed and scanned.
  • Cameras in the Courtroom Procedures
    The following guidelines are intended to clarify the process for obtaining permission for camera and/or audio coverage of court proceedings in Sedgwick County. Kansas Supreme Court Rule 1001 governs the use of cameras and recording devices in courtrooms in Kansas.
  • General Guidelines
    • All requests for camera and/or audio coverage of court proceedings shall be directed to the media coordinator. Requests (with the exception of requests to cover 1st appearances) must be in writing. Requests must include the defendant’s full name, and the case number if available. E-mail requests are preferred. The media coordinator will maintain a master list of all coverage requests submitted by the media. • Media outlets are responsible for verifying permission for camera and/or audio coverage of a particular case at each stage of the proceeding. • Media outlets are cautioned that approval of a request for cameras in a courtroom is discretionary and conditional, and may be withdrawn at any time. • Photographers/Reporters must check in with the court to receive instructions on where to set up equipment and to receive any special instructions, prior to the beginning of court. • Requests for photography of docket calls are case and defendant specific. Photography of defendants or participants in other cases is not permitted. • Requests for coverage are confidential, and are not shared with other media outlets. • In the event that multiple requests for camera and/or audio coverage of a trial are received, the first outlet requesting coverage will be designated as pool camera for the first day of the proceeding. Media outlets are responsible for making their own pool arrangements after the first day of the trial. • Only one television camera is allowed in the courtroom. Duplication and distribution of video must be accomplished outside the courtroom. • Media outlets have agreed that they are not entitled to pool images, audio or video unless they have staffed the proceeding for the day in question.
  • First Appearances
    Requests for camera and/or audio coverage of first appearances should be directed to the media coordinator as early in the day as possible. Requests will be forwarded immediately to the court. Approval of requests may be assumed, unless otherwise notified by the court.
  • Preliminary Hearing Docket/Preliminary Hearings/ Pretrial Motions and Hearings
    Pursuant to Rule 1001, written request for camera and/or audio coverage of criminal matters should be forwarded to the media coordinator as soon as possible following first appearances. The media coordinator will maintain a master list of all requests, and will forward copies of written requests for camera and/or audio coverage to the Criminal Court clerk for insertion into the case file, along with a copy to the Criminal Assignment court. 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. The Criminal Assignment Court will notify the court to which a case is assigned for hearing of a properly filed media request for camera and/or audio coverage as soon as possible. It is the responsibility of the requesting media to ascertain to what court the case is assigned, and to follow up with that court regarding permission for cameras and/or audio coverage.
  • Jury Trials
    Rule 1001 requires that a request for camera and/or audio coverage be filed no less than one week prior to the proceeding. . It is the responsibility of the requesting media to ascertain to what court the case is assigned, and to follow up with the Media Coordinator or directly with the court regarding permission for cameras and/or audio coverage. In cases where permission to cover a trial is denied, the court will notify the media coordinator as soon as possible. Media outlets are responsible for maintaining their own court calendar, and for confirming permission for camera and/or audio coverage with the trial judge in advance of the proceeding.
  • Sentencing and Post Trial Hearings or Motions
    Assuming that permission for camera and/or audio coverage was properly requested and granted, and that the case is still assigned to the trial judge, media outlets wishing to cover post trial motions and sentencing should simply communicate their intention to the trial judge in advance. If the case has been reassigned, the media outlet should verify that they still have permission for camera and/or audio coverage with the new judge as soon as the hearing is scheduled.
  • Civil Court Procedures
    Request for camera and/or audio coverage of all civil court proceedings should be directed to the media coordinator as soon as possible. The media coordinator will forward requests to the Civil Assignment court for review. The court will notify the media coordinator of the disposition of cases scheduled for trial for which a camera/audio request has been received. Media outlets are responsible for maintaining their own court calendar, and for confirming permission for camera and/or audio coverage with the Media Coordinator or the trial judge in advance of the proceeding.
  • Contact Information
    Requests for camera and/or audio coverage should be directed to Joni Wilson-Colby: E-mail: jwilcol@dc18.org Fax: (316)941-5361 Phone: (316)660-5810
  • I am the defendant in a civil case.   Will the court appoint a lawyer to represent me?
    No, the right to appointed counsel applies only in criminal cases. In civil cases, each party generally must pay his or her own attorney's fees.
  • I own a small business which is organized as a corporation.  Since I own all of the stock and run the company, can I represent my business in court?"
    No, Kansas law permits only individual persons the right to represent themselves in court proceedings. A corporation is a separate legal entity and may appear in court only through a licensed attorney.
  • My wife and I have been sued in civil court and set the case for trial.  Can I appear on behalf of my wife so that she may go to work on the trial date?
    No. Non-lawyers may represent only themselves in court proceedings. Your spouse may not represent you in court.
  • Can I sign a power of attorney and appoint some other person as my designated representative in a lawsuit?
    No, there are four categories of individuals who may appear in the courts of this state: (1) members of the bar who have licenses to practice law. (2) individuals who have graduated from an accredited law school and have a temporary permit to practice law. (3) legal interns, who are law students supervised by members of the bar responsible for the interns' activities. (4) non-lawyers, who may represent only themselves and not others.
  • Rule 300: DUTIES OF PRESIDING JUDGE OF CRIMINAL DEPARTMENT
    The Presiding Judge of the Criminal Department shall have general supervision of all matters arising under the Criminal Code and traffic statutes of the State of Kansas, including appeals from municipal courts. He shall maintain and conduct such dockets and calendars as are required or necessary to implement the laws of the State of Kansas or Rules of the Supreme Court. He shall assign the work of the Department to the Judges within the Department.
  • Rule 301 (Amended): PRETRIAL MOTIONS
    The Presiding Judge of the Criminal Department will hear or assign Pretrial motions, other than for bond reduction/modification, at the 9:00 a.m. Motion Docket on the Friday following the week in which a party files the motion, or at such other time as the Presiding Judge may order. Pretrial motions that require presentation of evidence or significant legal argument that could delay the start of jury selection must be resolved prior to the trial date. Counsel have the burden to schedule such motions with the assigned trial judge. If they do not the Court may continue the trial, at its discretion, and charge the continuance to the party responsible for the delay. Counsel must submit all motions requesting bond reduction/modification to the assigned sentencing judge. Such motions must be in writing and include a notice of the hearing date and certificate of service. The moving party must file and serve the motion on the opposing party at least two business days in advance of the hearing date. If the assigned sentencing judge is unable to schedule the hearing within five business days from the date requested, the Presiding Judge of the Criminal Department will schedule the hearing on the next criminal motion docket. Sentencing motions requesting a dispositional departure must be filed two business days in advance of the scheduled sentencing date unless both parties agree to the departure.
  • Rule 302: POST TRIAL MOTIONS INCLUDING PETITIONS FILED UNDER K.S.A. 60-1507
    All post trial motions in criminal cases and petitions pursuant to K.S.A. 60-1507 will be heard at the time and date set by the Judge who tried the case.
  • Rule 303: COMMERCIAL SURETY RULES AND PROCEDURES - As Amended 10/29/2019
    A. Authorization to Issue Appearance Bonds. Except as otherwise provided by law, no compensated surety shall be authorized to act as a surety in this Court until having fully complied with Kansas law, including K.S.A. 22-2806 through 22-2809a, and the rules of this Court, including this Local Rule relating to the justification and approval of sureties, and the issuance of appearance bonds. Persons who are not a compensated surety may act as sureties in this Court on a case by case basis without complying with section C if a judge of this Court approves. B. Definitions. As used in this Rule, the terms shall have the following meanings: “Applicant” means any person applying for approval or having been approved to issue appearance bonds under this rule, or any previous version of this rule, as a compensated surety. “Appearance bond” means a bond certificate issued by a surety which guarantees the appearance of a defendant in the Eighteenth Judicial District at the time specified on the bond and at all subsequent court appearances. In the event of failure to appear at any time specified by the Court, the surety guarantees payment of the amount on the bond. “Chief Judge” means the Chief Judge of the Eighteenth Judicial District or other Judge of the District Court designated by the Chief Judge of the Eighteenth Judicial District to act on his or her behalf. The Chief Judge may also designate the Clerk of the District Court or the District Court Administrator to perform clerical or administrative duties outlined in this Rule. “Commercial Surety” means any person or entity who, as surety, issues appearance bonds for compensation, is responsible for any forfeiture, and is liable for appearance bonds written by their authorized agents. “Bail Enforcement Agent” means a person not performing the duties of a law enforcement officer who tracks down, captures and surrenders to the custody of a court a fugitive who has violated a surety or bail bond agreement, commonly referred to as a bounty hunter. “Compensated Surety” means any person who or entity that is organized under the laws of the state of Kansas that, as surety, issues appearance bonds for compensation, is responsible for any forfeiture and is liable for appearance bonds written by such person’s or entity’s authorized agents. A compensated surety is either an insurance agent surety or a property surety. “Insurance Department” means the Kansas Insurance Department. “Insurance Agent Surety” means a compensated surety licensed by the insurance commissioner to issue surety bonds or appearance bonds in this state and who represents an authorized insurance company. An insurance agent surety may have other insurance agent sureties working with or for such surety. “Property Surety” means a compensated surety who secures appearance bonds by property pledged as security. A property surety may be a person or entity, other than a corporation, and may authorize bail agents to act on behalf of the property surety in writing appearance bonds. In the 18th Judicial District the only property that can be pledged to secure appearance bonds is a valid, current and enforceable irrevocable two year Letter of Credit starting July 1st in the year of the application in an amount not less than one hundred thousand dollars ($100,000) issued to the District Court, Eighteenth Judicial District, by a state or national banking institution authorized to and doing business in the State of Kansas, guaranteeing payment of any forfeited appearance bonds posted by the Property Surety or his/her Bail Agent(s) on which judgment has been granted. Any supplemental Letter of Credit shall meet all requirements of this Rule and shall not expire until the next June 30th. All such letters of credit must be reviewed by the District Attorney and approved by the Chief Judge. Letters of Credit shall be retained by the Clerk of the District Court, following approval of the application. No other property is acceptable to be pledged from a property surety. “Bail Agent” means a person authorized by a compensated surety to execute surety bail bonds on such surety’s behalf. In the 18th judicial district Bail Agents shall have the same continuing education requirements as Compensated Sureties. “Insurance Company” means any company authorized by the Kansas State Insurance Commissioner to write surety bonds or Appearance Bonds. “Surety” means a person or compensated surety, other than a defendant in a criminal proceeding, that guarantees the appearance of a defendant in a criminal proceeding, by executing an appearance bond. “Unsatisfied Appearance Bond Forfeitures” shall mean appearance bonds, which after thirty (30) days from the granting of judgment on the motion for the same have not been paid into the court or the defendant has not been recommitted into custody by the surety or his or her bail agent. C. Criteria for Authorization to Act as Commercial Surety in the Eighteenth Judicial District. Every compensated surety shall submit an application to the chief judge of the judicial district, or the chief judge’s designee, in each judicial district where such surety seeks to act as a surety. A compensated surety shall not act as a surety in such judicial district prior to approval of such application. The application must be filed with the Clerk of the District Court of the 18th Judicial District. Requirements for Insurance Agents 1. The application shall include the following information for each insurance agent surety, property surety or bail agent: A. A copy of the applicant’s Kansas driver’s license or nondriver’s identification card; B. A statement, made under penalty of perjury, that the applicant is a resident of this state and is not prohibited by K.S.A. 22-2809a(c), and amendments thereto, from acting as a surety; C. A certificate of continuing education compliance in accordance with Kansas law. 2. The application for each insurance agent surety also shall include: A. A copy of the qualifying power of attorney certificates issued to such surety by any insurance company; B. a current and valid certificate of license from the insurance department; and C. a current and valid certificate of authority from the insurance department. D. A statement that the applicant has not been convicted of a felony in Kansas or any other jurisdiction, has not in the preceding ten (10) years been convicted of any misdemeanor involving violence, dishonesty, deceit or moral turpitude, is qualified to act as a surety under Kansas law, has read this Rule and the Kansas statutes dealing with appearance bonds in their entirety and agrees to comply with all provisions. E. A completed application including the Authorization for Release of Records, a copy of a valid driver’s license or photo ID and a statement of the maximum monetary limit authorized on any individual bond. F. A signed release from the applicant allowing the Court or its designee, to conduct a criminal history records investigation on said individual. 3. The application for each property surety also shall include: A. A list of all bail agents authorized by such property surety to write appearance bonds on such property surety’s behalf and all documentation from such bail agents demonstrating compliance with subsection this rule. B. an affidavit describing the property by which such property surety proposes to justify its obligations and the encumbrances thereon, and all such surety’s other liabilities. The description shall include a valuation of the property described therein. If the valuation is not readily evident, an appraisal of the property may be required and, if required, shall be incorporated into the affidavit. C. A property surety authorized to act as a surety in the 18th judicial district shall be allowed outstanding appearance bonds not to exceed an aggregate amount which is 15 times the valuation of the property pledged by the property surety. Such property surety shall not write any single appearance bond that exceeds 35% of the total valuation of the property pledged by the property surety. D. A completed application including the Authorization for Release of Records and a statement of the maximum monetary limit authorized on any individual bond. E. A signed release from the applicant and any persons authorized by the applicant to issue appearance bonds, allowing the Court or its designee to conduct a criminal history records investigation on said individual(s). F. A statement that the applicant has not been convicted of a felony in Kansas or any other jurisdiction, has not in the preceding ten (10) years been convicted in Kansas or any other jurisdiction of any misdemeanor involving violence, dishonesty, deceit or moral turpitude, is qualified to act as a surety under Kansas law, has read this Rule and the Kansas statutes dealing with appearance bonds in their entirety and agrees to comply with all provisions. G. Any other information as may be requested by the Chief Judge regarding the applicant concerning his/her ability or qualifications to issue appearance bonds. D. Disqualification/Suspension. Applicants shall not be approved to issue appearance bonds; or bonding privileges may be suspended or revoked if: 1. The applicant or any authorized agent has been convicted of any felony or within the preceding 10 years has been convicted of any misdemeanor involving violence, dishonesty, deceit or moral turpitude. 2. The applicant is not a citizen of the United States. 3. The applicant or any authorized agent does not have current, federal or state photo identification. 4. The applicant or any authorized agent has failed to meet financial responsibilities to this or any other Court; or has any pending matters before the Court in which the applicant or any authorized agent has failed to appear as directed. This may be evidenced by a failure to pay a judgment on a bond forfeiture or by any other legal action to collect past due amounts or other commonly accepted indications. 5. The appearance bonds outstanding by a Property Surety and/or his or her Bail Agents exceed an aggregate amount which is fifteen (15) times the amount of the letter(s) of credit issued to the Court. 6. The applicant or authorized agent has provided a false statement in any information submitted to the Court for approval of his/her application or regarding a warrant/appearance bond recall. 7. The applicant or any authorized agent has outstanding warrant(s) issued for his or her arrest for any crime. 8. The applicant or any authorized agent allows an unauthorized person to write an appearance bond(s). 9. An Insurance Agent allows an appearance bond to be submitted to the Court which does not contain an individual, numbered, power of attorney properly executed. 10. The applicant or any authorized agent employs an Bail Enforcement Agent who is not qualified to act as such under the provisions of K.S.A. 22-2809a. 11. The applicant or any authorized agent failed to timely file a renewal application by June 1. 12. Good cause exists for the Chief Judge to determine that it is not in the best interest of the Court and/or the community to permit the applicant or Surety to write appearance bonds in the Eighteenth Judicial District. 13. Written notice of suspension or revocation of bonding privileges, except for a suspension due to a conviction for a disqualifying crime, exceeding the aggregate amount of bonds approved to be written under the letter(s) of credit or due to failure to pay a judgment within 30 days of it being granted, shall be given to the surety. Such notice of suspension or revocation shall state the reason for the suspension or revocation and be mailed by regular mail to the address on file with the Court as provided in the most current application. Any suspension or revocation under this Rule shall be effective upon signature of the written notice by the Chief Judge. 14. If the suspension or revocation is for failure to pay a judgment within 30 days of it being granted, the suspension shall be effective on the 31st day following judgment without any further action or notice by the Court. The surety may request a hearing before the Chief Judge within 14 days of the date of suspension, revocation or the notice of suspension or revocation. If such request is made, the suspension or revocation of bonding privileges may be stayed by the Chief Judge pending such hearing which shall be held within 14 days of the request for hearing. E. Persons Authorized to Write Appearance Bonds. As part of the approval process, the applicant shall submit the name(s) and requested information for all proposed Bail Agents of the applicant. Only those persons so approved are authorized to act as a Property Surety or Bail Agents to write appearance bonds. If, following approval, the applicant wants to add additional Bail Agents, the applicant must complete and submit a supplemental application that meets the requirements of this Rule to the Chief Judge and file it with the Clerk of the District Court. The bail agent will not be allowed to write appearance bonds unless and until approved to do so by the Chief Judge or designee. In addition, when Bail Agents are no longer authorized to write bonds or are no longer employed by the Property Surety, the property surety shall notify the Chief Judge, in writing, within three (3) business days, that said person is no longer authorized by the applicant to write appearance bonds, or serve as their bail agent and the notice shall be filed with the Clerk of The District Court. The Property Surety will remain responsible for any appearance bonds written by the Bail Agent until the notice required is received by the Chief Judge. The Sheriff shall provide all approved Compensated Sureties equality in exposure. The Chief Judge shall periodically furnish the Clerk of the District Court and the Sheriff a list of approved Compensated Sureties. Nothing in this Rule shall negate K.S.A. 22-2806 which provides that an appearance bond may be approved and accepted by the Sheriff of Sedgwick County, according to law. F. Failure to Appear. 1. An appearance bond issued by a Compensated Surety authorized to transact business in the State of Kansas and in the Eighteenth Judicial District guarantees the appearance of such person in Court at the time specified on the appearance bond and at all subsequent court appearances unless and until the Compensated Surety is released on the appearance bond. 2. If an appearance bond is posted on a charge for which a disposition has not yet been entered, the appearance bond remains in effect until such time as the defendant answers the complaint and sentence or disposition is entered thereon. This would not include future court appearances for review of compliance with court orders. However, if the appearance bond is posted for a nonappearance on a post-conviction or post-diversion matter, the appearance bond remains in effect until final disposition of the matter for which the appearance bond was posted. Upon failure of the defendant to appear as ordered, the judge shall declare the appearance bond forfeited. The court may set aside the forfeiture upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture. If the forfeiture is not set aside, the Court shall request the District Attorney to prepare a Journal Entry of Bond Forfeiture of the appearance bond and file a Motion for Judgment on said bond forfeiture to be set for hearing not less than 60 days following the filing of the Motion for Judgment. It is the responsibility of the Surety to be aware of the defendant’s required court appearances on the Court’s calendar, and to see to it that the defendant appears as ordered. The Surety’s liability on the appearance bond is not conditioned upon any notice by the Court, District Attorney or any other person or entity of the defendant’s failure to appear. G. Failure to Produce the Defendant or the Forfeited Funds. If the defendant is not surrendered or the appearance bond forfeiture paid by the end of the Court’s business day on the 30th day following judgment, the Surety’s bonding privileges will be suspended at that time. If the Surety is a Property Surety and he/she or one or more of his/her Bail Agents is suspended for non-payment of a judgment, the Property Surety and all of his/her Bail Agents will be suspended. Notification of the suspension of bonding privileges shall be made in writing to the Property Surety and his/her Bail Agents. The letter will be sent by regular mail to the address on file with the Court. Failure to send or receive the letter does not negate the suspension of bonding privileges under this paragraph. H. Reinstatement of Bonding Privileges. 1. Nonpayment of a judgment. If suspended for nonpayment of a judgment, the Surety must pay all judgments for unsatisfied appearance bond forfeitures before consideration will be given for reinstatement of bonding privileges. Once payment in full is made, the following schedule will be followed: For the first suspension within a one (1) year period, the Surety’s privileges will be suspended for a period not to exceed thirty (30) days after payment. For a second or subsequent suspension within a one (1) year period, the Surety’s privileges will be suspended for ninety (90) days after payment. 2. Exceeding Total Amount of Bonding Privileges. If the total aggregate amount of outstanding bonds of a bondsman and his or her agents ever exceeds the total amount permitted under this rule the Chief Judge or designee without notice may immediately suspend the bonding privileges of that surety and agents. The property surety and bail agents shall not qualify for reinstatement of bonding privileges and reinstatement shall not be considered until the total aggregate amount of outstanding bonds of that property surety and bail agents do not exceed 75% of the total bonding authority allowed under this rule. Upon a second violation of Section H.2 within a 12 month period, the bonding privileges shall not be reinstated until at least three (3) months have passed since the property surety qualifies for reinstatement. Upon a third or more violation of Section H. 2 within a 12 month period, the bonding privileges shall not be reinstated until at least 12 months have passed since the property surety qualifies for reinstatement. 3. In order to qualify for reinstatement the property surety and bail agents(s) while suspended shall continue to meet all obligations under this Rule. 4. Nothing in this Rule or section obligates the Chief Judge to reinstate a suspended or revoked bail agent as soon as he or she may be eligible for reinstatement, nor does it prevent or prohibit the Chief Judge from imposing any other requirements upon a property surety before privileges are reinstated. Nothing in this rule prevents or prohibits the Chief Judge from permanently revoking a property surety’s or bail agent’s bonding privileges. I. Refunds. If the judgment on the appearance bond forfeiture is paid on time, and the defendant is later surrendered by the Surety, upon request, a partial refund may be allowed as indicated below: • 1--30 days after payment 75% refund • 31--60 days after payment 50% refund • 61--90 days after payment 25% refund 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. 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. No refunds will be given unless the defendant is surrendered by the Surety or Agent of the Surety to the Sedgwick County Adult Detention Facility. If the defendant is arrested by law enforcement personnel within ninety (90) days of forfeiture, without the assistance of the Surety or Agent of the Surety, no refunds will be provided. J. Surrender. For purposes of consideration of a refund, a defendant is considered surrendered to the Court when he or she is surrendered to the Sedgwick County Adult Detention Facility. A defendant is not considered surrendered to the Court if the defendant is incarcerated in another county or another State. Upon timely surrender, the Surety will be released from all further liability on the appearance bond. The Surety, pursuant to K.S.A. 22-2807(3), may provide to the court, prior to judgment on the appearance bond forfeiture, a written statement, signed under penalty of perjury, setting forth the details of the incarceration of the defendant in some location within the United States. Upon receipt of such statement, the Court shall set aside the forfeiture and upon the defendant’s return to the Court’s jurisdiction, the Surety may be ordered to pay the costs of the return. A Property Surety shall file the letter(s) of credit used as security for appearance bonds with the Clerk and immediately report any expiration, renewal, cancellation, suspension or revocation of said letter(s) of credit to the Clerk. The report shall also include a list of appearance bond forfeitures that have been declared on cases in this Judicial District where there are appearance bonds written by the Surety, any judgments granted in those cases and the payment due date of said judgments. The reports required by this Rule shall be submitted to the Clerk of the District Court in the form directed by the Court. Failure to submit said report as designated is cause for a suspension or revocation of bonding privileges. K. Application of Rule to Compensated Sureties Already Approved to Write Appearance Bonds in the Eighteenth Judicial District; Continuation of Bonding Privileges; Time Period for Bonding Privileges. Any Compensated Surety currently approved to write appearance bonds in the Eighteenth Judicial District shall be required to comply with this rule as of July 1, 2013. The annual bonding privileges period shall be from July 1 through June 30 of the following year. In order to retain bonding privileges, a Compensated Surety must submit an application, pursuant to this order, no later than June 1 of each year to remain in good standing for the next twelve (12) month bonding period [July 1 to June 30]. Upon approval of an application the bonding privileges will be granted and will remain valid for the approved bonding period, at which time it will expire unless renewed. A compensated surety may not submit a new application under this Rule while the compensated surety’s bonding privileges are suspended or revoked. A compensated surety may withdraw from writing bonds prior to expiration of the bonding authority granted under this rule. Any withdrawal from writing bonds prior to the expiration of the bonding authority granted under this rule is not effective until made in writing to the Chief Judge and filed with the Clerk of the District Court, and it shall not result in the early termination or withdrawal of any letter(s) of credit submitted in support of the application(s) submitted under this rule. A compensated surety’s obligations under this Rule shall continue even though the compensated surety’s privileges have been suspended, revoked or withdrawn. L. Ability to Sue. Nothing contained herein shall in any way limit the Court’s ability to proceed with any and all proper civil remedies against any Surety, insurance company or banking institution to collect on an appearance bond if payment is not forthcoming upon demand and for the Court to authorize all needed actions to engage in collection efforts, including the engagement of counsel and others to enforce and collect bond judgments. Credits Adopted effective February 14, 2013; Amended effective January 16, 2015; July 16, 2016, March 29, 2019. Eighteenth Judicial District Court Rules, Rule 303, KS R 18 Dist Rule 303 Current with amendments received through March 29, 2019
  • Rule 304: ACKNOWLEDGMENT OF RIGHTS AND ENTRY OF PLEA
    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. Use of any other form must be approved in advance by the judge taking the plea. (Click here for the form, Adobe Reader required.) At the discretion of the judge taking the plea, a defendant may be required to take an oath as part of the plea process. (Click here for the oath, Adobe Reader required.)
  • Rule 305: JURY TRIAL SCHEDULING
    The Presiding Judge of the Criminal Department, or another designated judge, will conduct a jury trial scheduling meeting at 2:00 p.m. each Thursday for cases announced for trial the following week, or such other time as the Presiding Judge designates. A party wishing to announce a case for trial must advise opposing counsel of this announcement at least 24 hours in advance of this meeting and notify the Court of the announcement no later than noon on the day of the meeting. If a party announces a case for trial after the deadlines set forth in this Rule the Court may, absent good cause shown, continue the case and charge the continuance to the party making the late announcement.
  • Rule 306: CONTINUANCES
    A party requesting a continuance of any case scheduled on the docket (whether for jury trial, preliminary hearing, bench trial, or motion), must first notify opposing counsel of the request. If opposing counsel does not object to the request, the party seeking the continuance must then send an email message to “criminal_assignment@dc18.org” that contains all of the following information: The name and email address of the attorney making the request; The name and email address of the opposing attorney who agrees to the continuance; The defendant’s name and case number; and The continuance date requested Defense counsel shall insure that the necessary consultation has occurred and is ongoing with the defendant. NOTE: The Court will reject any request that does not include all information listed above, and will require counsel to appear at the docket call. For any fifth (5th) or subsequent continuance request(s) (whether State or defense requests), counsel must appear in person at the docket-call and make the request on the record. The Court will accept continuance requests only from the party making the request. The Court must receive requests for jury trial continuance by 2:00 p.m. on the last business day before the jury trial docket, and by 4:00 p.m. the day prior to the docket-call for cases scheduled on the preliminary hearing, bench trial, or pre-trial motion(s) docket. Counsel seeking continuance must do so either by email or in open court. The Court will not entertain requests over the telephone or during chamber visits. The court will email counsel for both parties if it grants the continuance request. If counsel does not receive a reply email, counsel must appear in person at the docket-call to request the continuance.
  • Rule 307: DOCUMENTS FILED UNDER SEAL
    A party seeking permission to file a document “under seal” must prepare a written motion setting out the request and a proposed order, and submit the motion, proposed order, and any associated papers either to the Presiding Judge of the Criminal Department or the assigned criminal department/sentencing judge for review. The motion must state the reasons why counsel seeks to file “under seal” and set forth any other provisions relating to confidentiality of the documents counsel seeks to seal. The Clerk of the District Court will file documents “under seal” only upon receipt of a judicially approved, signed written order.
  • Where is the Probate office located and what are the office hours?
    The Probate department is located at the Juvenile and Probate Courthouse, 1900 East Morris, Wichita, KS. Office hours are 8-4 Monday through Friday, excluding holidays.
  • How do I file a mental/drug/or alcohol petition?
    Contact the District Attorney's office at 660-3600.
  • RULE 400: DEFINITIONS
    As used in these rules, the following definitions will apply: A. “Assigned Family Law Judge” is the judge from the family law department in charge of hearing all matters and scheduling in a particular case. B. “Family Law Judge” refers to all judges in the Family Law Department. C. “Presiding Family Law Judge” is the judge in the Family Law Department who is assigned the administrative duties of the department and who will make the final decision in any controversy regarding which judge is assigned to a case or hearing. D. “Standard Temporary Order” is the Order set out in Rule 402 that may be applied for and issued ex parte at the start of any divorce or separate maintenance case. E. “TRIAL” refers to the formal due process presentation of evidence in a court hearing. “TRIAL” and what was formerly known as “EVIDENTIARY HEARING” are synonymous. F. “Family Law Conference Email” refers to the individual email address assigned to each Family Law Judge that is in the format “familylaw(judge’s name)@dc18.org.”
  • RULE 401: SCOPE OF FAMILY LAW DEPARTMENT & AUTHORITY OF PRESIDING JUDGE
    A. Family Law cases shall be assigned to the Family Law Department. These shall include everything filed in K.S.A. chapter 23. B. Each Family Law case shall be individually assigned to an Assigned Family Law judge. 1. For every new case that is filed, the Clerk of the Court will use a random process to assign that case to the Assigned Family Law judge. 2. For every existing case, A. If a Family Law judge leaves the department, the replacement Family Law judge will take over all of the former Family Law judge’s cases. B. If multiple Family Law judges simultaneously leave the department, each replacement Family Law judge will each take over all of the cases formerly assigned to one particular division. The replacement judges will decide which division to take over by seniority. C. If the number of Family Law judges changes, the Presiding Family Law judge will direct the Clerk to administratively reassign existing cases so that the total workload is distributed appropriately between the Family Law judges. D. The Presiding Family Law Judge or any Assigned Family Law Judge may assign a particular matter of a particular case to a substitute District Judge, from any department, due to temporary workload issues or for any other reason. Once the matter heard by the substitute District Judge has concluded, the remainder of the case will be returned to the Family Law department. C. If a judge leaves the Family Law department, that judge may, consistent with Local Rule 109, continue to preside over any matters, already pending, in which the judge has previously presided over substantive hearings. Once those specific matters are concluded, the remainder of the case will be returned to the Family Law Department and assigned to the replacement judge that took over the departing judge’s docket. D. All procedural requests such as requests to short file or to continue motions or trials shall be heard only by the assigned Family Law judge, unless that judge is unavailable. If the assigned case judge is unavailable for these inquiries, any Family Law judge may consider the request. E. The Presiding Family Law judge shall administrate the distribution of cases. At any time, on their own motion or upon request of a party, any Family Law judges may reassign cases among themselves. In the event of a dispute, the Presiding Family Law judge will have the final decision regarding which Family Law judge will be assigned to a particular case.
  • RULE 402: TEMPORARY ORDERS FILED WITH PETITION AND STANDARD TEMPORARY ORDER
    A. In all divorce, annulment and separate maintenance cases, a Standard Temporary Order may be issued pursuant to this section and K.S.A. 23-2707. If a party requests a temporary order, the order shall be presented to a judge in the Family Law Department...Judges will be available to sign such orders each day that the Court is in session. If the party seeking the temporary order seeks an in-person signature, such order must be presented before the action is filed. Runners may obtain a judge’s signature on standard temporary orders If the action is e-filed, the temporary order may be e-filed simultaneously with the rest of the action. For purposes of determining which party is first in time to file, a case is deemed to be filed on the date and time that the clerk accepts the action for filing and assigns a case number, regardless of when a judge approves the temporary order. If a temporary order is rejected by a judge, the filing party will have 5 (five) business days to correct the temporary order and submit for refiling without losing that party’s date and time of filing. Any disputes regarding time of filing will be resolved by the Presiding Family Law judge. B. For all Temporary Orders that order support payments, Temporary Support payments must be stated in monthly amounts, although the order may also provide that the monthly payments may be paid in more frequent installments. 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. No temporary child support orders that are issued ex parte may use the Shared Expense Plan, as that plan requires agreement between the parties. The EPT formula may be used in shared residency arrangements. C. If there are deviations in temporary orders from the Standard Temporary Order , such deviations must be brought to the attention of the Court for the Court to specifically approve. 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. For e-filed temporary orders that deviate from the standard, the filing party is responsible for noting the deviations in the document AND communicating the deviation to the judge. Any non-standard provisions shall be conspicuously marked in the document by highlights, arrows, initial line, or other marking. The filing party shall communicate by making a note in the “Note from Filer” section on the e-file screen, AND by contemporaneously sending an email to the assigned judge notifying the judge of the non-standard provision. The judge can approve the non-standard provisions by using a Signature Page Note, or by responding to the attorney’s email that the non-standard provisions are approved. D. 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: whether either party has left the marital residence; whether alternative housing is available for both parties; the financial ability of the parties to obtain alternative housing; the health conditions of both parties and how it affects their future housing needs. All temporary orders requiring one party to move out of a shared residence, shall provide that the move occur forty-eight (48) 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. E. Any temporary order sought under this rule which provides for the temporary legal custody of any minor child must be accompanied by an affidavit stating the following: any special circumstance, stated with specificity, which would make temporary sole legal custody rather than temporary joint legal custody appropriate; which parent presently has physical custody of the child; The de facto parenting plan that is in effect currently, and for how long; whether either party has left the martial residence, and if so, with or without the child; description of each parent’s employment (full-time, part-time, or stay at home, and hours); whether the child has special needs for which one parent has been providing. 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. In a paternity case, The Parentage Act under K.S.A. 23-2201 et. seq., does not authorize ex parte temporary orders regarding child support, custody or restraint. Any request for same shall be made by separate motion. F. Temporary orders shall be in the following form as modified to fit the facts of each particular case. Sections clearly inapplicable should be omitted.Standard temporary orders shall follow the form set forth below: Link to Sample Form Note: if temporary support and/or custody, residency or parenting time have been ordered in the temporary order, the Clerk shall not accept a request for modification of same without the accompanying documents required by Rules 406 & 407.
  • RULE 403: SUPPORT ORDERS: AFFIDAVITS & WORKSHEETS
    A. Any temporary support order or responsive pleading shall be accompanied by as all documents required by Kansas Supreme Court Rule 139. If there are minor children of the marriage, the order must also include the information required by UCCJEA 209, K.S.A. 23-37,209,or be accompanied by an affidavit containing that information ,as well as a completed child support worksheet, and a temporary parenting plan. B. Pursuant to Kansas Supreme Court Rule 123, the DRA required by this rule should not include the parties' social security numbers, dates of birth or complete financial account numbers.
  • RULE 404: SUPPORT ORDERS: KANSAS PAYMENT CENTER
    Any new or modified final order for support shall comply with K.S.A. 23-3103, and shall be accompanied by a child support worksheet, where applicable. The following language shall be placed in all such orders: "All payments for support shall be delivered to: Kansas Payment Center, P.O. Box 758599, Topeka, KS, 66675 8599. It shall be the responsibility of the payor and payee to so inform the Kansas Payment Center of their current address at all times."
  • RULE 405: ISSUANCE OF SUMMONS
    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.
  • RULE 406: MOTIONS GENERALLY
    A. Court Trustee: Motions to stay income withholding orders issued by the Court Trustee shall be heard by the Hearing Officer or District Judge on the docket attended by the Court Trustee assigned to the particular case. B. Self-Represented Litigants: All motions filed in cases where both parties are self-represented shall be heard on Mondays at 9:30 a.m. by the assigned Family Law judge. C. Represented Litigants:All other motions in Family Law cases shall be heard on Mondays at 1:30 p.m., or Tuesdays at 9:30 a.m. or 1:30 p.m., by the assigned Family Law judge. D. Notice requirements: All motions shall be noticed for hearing in the courtroom of the Assigned Family Law Judge, Sedgwick County Courthouse, 525 N. Main, Wichita, Kansas. 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. The moving party may select any hearing date on the appropriate docket, without advance permission from the Assigned Family Law Judge. 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. 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. E. Motions to modify temporary orders; documents required:If a party files a Motion to Modify a Temporary Order, or a "Notice of Intent to Appear" to seek such a modification,,or a Response to such a Motion or Notice 1.The Motion, Notice, or Response must be accompanied all documents required by Supreme Court Rule 139 and K.S.A. § 23-2707 & 23-3212. 2. A Motion to Modify Temporary Orders, or its functional equivalent, filed within 60 days of service, will be considered by the assigned Family Law judge de novo, on the merits, without any deference given to the contents of the Temporary Orders. If the support or maintenance amounts are modified at the hearing, the judge may make those amounts retroactive to the time of the filing of the Petition. 3. If a motion seeking to modify a temporary custody or residency order is filed more than sixty (60) days after the temporary order was served, there shall be a presumption that the dispute pertaining to child custody, residency or parenting time, and any post-judgment disputes, shall be ordered into ADR unless leave of the Court has been obtained. F. Duty to confer and exchange documents: Any party who files a motion has a duty to attempt to confer with the other party prior to any hearing by the Court. 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. Documents containing hearsay evidence may be considered by the court at a motion hearing, but the court may weigh the evidence in whatever manner the court sees fit. The pleadings in the Court file can be viewed by the Court at any time. G. Paystubs / Income Verification: Documentation shall be produced to the other side upon request, at least two Court days before a hearing involving child support or spousal maintenance. H.LCM Reports and Recommendations: These reports contain personal information and shall NOT be attached to any pleadings (including Motions), except, the recommendation portion only may be attached to an Order or Journal Entry adopting it. The factual findings may be adopted by the court with agreement of the parties or following trial. I. Motions to Withdraw: An attorney wishing to withdraw from a family law case must inform the court, in the motion to withdraw, if the attorney has been assigned to complete a journal entry or other court document that is not yet complete. 1. The judge may deny the motion to withdraw if there is a journal entry or other court document previously assigned to the attorney that is not yet complete. 2. In the event that an attorney has withdrawn from the case but has not completed a journal entry or other court document that was previously assigned, the judge may reappoint that attorney to the case to complete the journal entry or court document.
  • RULE 407: MOTIONS TO CHANGE CUSTODY / RESIDENCY
    A.Sworn testimony and specificity required. A motion to change custody, residency or parenting time, including any proposed change either to or from shared residency, must be accompanied by a proposed parenting plan, as required by K.S.A. 23-2707(d). In addition to complying with the provisions of K.S.A. 23-3219(a), any affidavit or verified motion must specifically state all of the reasons which support the requested change. Failure to provide sworn testimony when required, and with the requisite specificity, will result in the motion being denied. B.Allegations in motion will be taken as true. The factual allegations contained in the affidavit or verified motion will be construed in a light most favorable to the moving party when the Court is considering whether to grant a trial. The Court will decide whether those allegations, if true, constitute a prima facie showing , thus entitling the movant to a trial. The Court shall base its decision solely on the information contained in the affidavit or verified motion. If a trial takes place, and the trial judge finds that the facts contained in the affidavit or verified motion were untrue or willfully misleading, the trial judge may impose such sanctions as justice and equity may require. C.Scope of the trial on custody / residency. At the trial, parties are limited to presenting evidence on any allegations contained in the Pre-Trial Conference order. At the trial, the trial judge can be advised of all relevant facts, but the parties shall not be allowed to re-litigate facts that were or could have been formerly adjudicated at the prior hearing. D.Emergency (ex parte) motions to change custody / residency. 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. Any judge considering an ex parte emergency order may require sworn, live testimony. At the review hearing per K.S.A. § 23-3219(b)(2) the Court shall consider the matter de novo, and the movant shall have the burden of proof. If the Court finds that factual allegations that were presented to the Court, and which resulted in the ex parte order being entered, were untrue or willfully misleading, the Court may impose such sanctions as justice and equity may require.
  • RULE 408: PROTECTION FROM ABUSE / STALKING-SEXUAL ABUSE ORDERS
    A. Parties filing a Protection from Abuse or a Protection from Stalking or Sexual Abuse petition are required to disclose the existence of any existing Family Law order, pertaining to the parties, which is already in effect. Parties filing a Family Law case are required to disclose any existing PFA or PFSSA order, pertaining to the parties, which is already in effect. B. If a temporary order is granted/entered in a PFA or PFSSA case which changes an existing Family Law order, the assigned Family Law Judge may assign the matter to the Family Law Department, on the assigned Family Law Judge’s own docket. C. Family law cases shall not be consolidated with PFA or PFSSA cases. However, factual findings in a PFA or PFSSA case may be adopted by the Family Law Judge for use in a family law case.
  • RULE 409: DISCOVERY CONFERENCES
    A. Discovery conferences are not required for each case, but can be set upon request of either party or the Court. B. Notwithstanding the above, if the parties wish to hold a discovery conference, they may schedule it with the assigned Family Law Judge, or the judge’s designee, at a date and time approved by the Assigned Family Law judge. C. If the parties wish to set interim dates, such as discovery deadlines or expert disclosure deadlines, they may do so in an agreed order without the filing of a motion. If one or both of the parties wish to set interim dates, but the parties cannot agree on what those dates should be, either party may file a motion on the regular motion docket and ask the Court to set such dates. D. Any order, agreed to or otherwise, which sets deadlines must be e-filed or hand-delivered to the judge's aide.
  • RULE 410: CHILD CUSTODY INVESTIGATION REPORTS
    A. The CCI reports will be made available for viewing per K.S.A. § 23-3210(c). B. The CCI reports will be kept and managed pursuant to policy set by the Presiding Family Law Judge. C. Upon request, the Assigned Family Law Judge may permit more access than is contemplated by statute, including allowing the parties to photocopy the report or parts thereof, or to view the exhibits.
  • RULE 411: PRE-TRIAL CONFERENCES
    ​​​​​​A. After a case or post-judgment motion has been on file for eighty (80) days, if a Pre-Trial Conference has not been scheduled, a Pre-Trial Conference may be set within the next sixty (60) days by the Court. B. No case shall proceed to trial without a Pre-Trial Conference being held, and a Pre-trial Conference Order being filed. These conferences shall be held Mondays at 8:45 a.m. with the Assigned Family Law judge. C. Attorneys/parties will not be required to attend the conference if a Family Law Judge approves a Pre-Trial or Pre-Hearing Conference Order, and that Order is in the court file on or before the date of the conference, unless the Assigned Family Law judge notifies the parties in advance that their attendance is required. D. Unless otherwise ordered by the Court, or agreed to by the parties, the Pre-Trial Conference Order shall be prepared by the Petitioner. In a post-divorce matter the Pre-Hearing Conference Order shall be prepared by the initial moving party. 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. 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. E. Any Pre-Trial conference order must include a) all information required by law and local rules, b) the date of the settlement conference, and c) the date of the trial. An initial list of witnesses, exhibits, and issues/contentions m,ust be included. Witnesses and exhibits may be amended up to 10 days before trial. In any case where property division is an issue, the parties must include an initial list of proposed division of debts and assets. The list of property to be divided may be updated at will up to 10 days prior to trial. The proposed values and division of property may be updated until the time of trial. F. If no agreed conference order has been filed by the date of the conference, attendance at the Pretrial Conference Date is required, and the court may sanction any unexcused absence. If only one party appears on the date of the conference and that party has prepared its version of the Pre-Trial or Pre-Hearing Conference Order, that version shall become the order of the Court, until further order of the Court. G. No Pre-Trial Conference shall be held sooner than 60 days after the filing of the petition in the case, except by agreement of the parties or for good cause shown.
  • RULE 412: SETTLEMENT CONFERENCES
    A. No case can proceed to trial without a Mandatory Settlement Conference or a Judicial Settlement Conference being held, unless waived by the Court. B. Mandatory Settlement Conferences must be held in the courthouse, preferably on the 4th floor, and must be attended by all attorneys and parties, unless leave of the court is obtained. Written notice to the court must be provided if a Mandatory Settlement Conference is conducted outside the courthouse or at a time other than that scheduled by the court, certifying that such settlement conference took place. C. A Judicial Settlement Conference is a settlement conference that uses the assistance of a judge, other than the Assigned Family Law Judge, who can assist the parties by offering opinions as to the strength of the parties’ claims, advisory opinions, or other guidance as may be helpful. The discussions in the Judicial Settlement Conference shall remain confidential. Upon request by the parties or upon the court’s own motion, the case may be assigned to a Judicial Settlement Conference in lieu of or in addition to a Mandatory Settlement Conference. The Assigned Family Law Judge will select the Judicial Settlement Conference Judge with input from the parties, and may include as a possibility any District or Retired District Judge. The date and time of the Judicial Settlement Conference will be determined by the judge who presides over that conference, but the date must be after the Pretrial Conference, and there must be a Pretrial Conference Order on file. D. Failing to attend or being late to a scheduled settlement conference, without good cause, may be sanctioned as justice and equity require, and the Court may schedule an additional settlement conference. E. Parties who reside more than 100 miles away may appear via telephone to any settlement conference but must be available via telephone during the entire settlement conference. F. Mandatory Settlement Conferences shall be held approximately three weeks before the trial, on Mondays at 8:45 a.m. The exact date and time of the trial settlement conference shall be set in the Pre-Trial Conference Order. There must be a Pre-Trial Conference Order, including a proposed division of assets and debts when property division is an issue, on file by the time the Mandatory Settlement Conference begins.
  • RULE 413: SCHEDULING OF TRIALS
    A. Each Family Law Judge shall maintain a calendar for trials, which will be scheduled on a Wednesday, Thursday or Friday at 9:00 am. B. Trials should be scheduled by contacting the Assigned Family Law Judge’s aide by telephone or by the Assigned Judge’s Family Law Conference Email. Counsel and/or the parties should select a date for the trial from available dates. Approval of the Assigned Family Law Judge is needed in order to schedule a trial requiring more than one day. C. A trial date shall be obtained on or before the filing of a Pre-Trial Conference Order. The Pre-Trial Conference Order shall set both the trial date and the date of the settlement conference.
  • RULE 414: TRIALS
    A. Attorneys set for trial shall be present at 8:30 am to discuss proposed stipulated admissions of evidence and for their assignment. 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. C. All parties are limited by the issues, contentions, witnesses, and exhibits as listed in the final Pre-Trial Conference Order.
  • RULE 415: (not currently in use)
  • RULE 416: CONTINUANCES
    A. Trials 1. Regardless of whether the parties agree, a scheduled conference or trial shall not be continued unless the Assigned Family Law Judge grants the continuance. 2. If the parties cannot agree on whether there should be a continuance, or cannot agree on a new date, the parties shall immediately confer together and with the Assigned Family Law Judge, who shall make a decision regarding those issues. If the parties ask for guidance by email, each party’s attorney, or if unrepresented, the party him/herself, shall be copied on the email. The judge’s Family Law Conference email address shall be copied on any email discussing dates. 3. Once a continuance has been approved by a Family Law Judge, any new date shall be obtained from the Assigned Family Law Judge. B.Motions 1. One continuance shall be granted to an attorney or party, out of professional courtesy, unless an emergency exists. 2. Announcements for continuances on Motions must be made to the Assigned Judge’s Family Law Conference email address. A. Announcements on Motions that are made before 4:00 p.m. on the court day before the scheduled motion docket, will be granted without an appearance, unless the Assigned Family Law Judge notifies that parties that an appearance will be necessary. B. Announcements made after the cutoff time may still be granted, but the parties are required to appear until they receive a reply that the continuance was granted. C. A judge’s aide will be available 15 minutes prior to the start of the docket to take pre-docket announcements.
  • RULE 417: (not currently in use)
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  • RULE 418: RECONCILIATION OF PARTIES
    Reconciliation of the parties in a divorce, annulment or separate maintenance case shall cause that case, upon proper Order, to be dismissed. In the event of reconciliation, it shall be the duty of counsel for Petitioner, or the Petitioner's duty if he or she is not represented by counsel, to promptly submit a Journal Entry of Dismissal.
  • RULE 419: (not currently in use)
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  • RULE 420: ADMINISTRATIVE DISMISSAL OF CASES
    A. All Family Law cases pending for 120 days or more where no trial or other setting has been obtained may be dismissed. 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. Family Law cases dismissed under this rule will be reinstated at the discretion of the Presiding Family Law Judge. B. Once an NID has been prepared and mailed, a request for an extension of time must be made through the Assigned Judge’s Family Law Conference email address,. A third request for additional time can only be granted by the Assigned Family Law Judge. C. In addition to the notice of intent to dismiss, a status conference may be called by the Assigned Family Law Judge. Separate notices to that effect will be mailed by the Assigned Family Law Judge. At that status conference, the cases may be dismissed for lack of prosecution, or bifurcated.
  • RULE 421: HEARING OFFICER & APPEAL OF HEARING OFFICER DECISIONS
    A. The Hearing Officer's jurisdiction is set forth in Kansas Supreme Court Rule 172. The Hearing Officer will hear all IVD matters related to the establishment, modification or enforcement of child support. B. The Hearing Officer will maintain a separate calendar for all matters assigned for hearing. C. Decisions of the Hearing Officer shall be subject to review per Supreme Court Rule 172(h).
  • RULE 422: COURT TRUSTEE
    ​​​​​A. The Office of the Court Trustee, as provided for in K.S.A. 20-377 and amendments thereto, is hereby established for the Eighteenth Judicial District effective July 1, 1985. B. All new and modified child support orders in the Eighteenth Judicial District, except temporary orders, shall be assigned to the Office of the District Court Trustee for monitoring and enforcement unless, pursuant to K.S.A. 20-383, a “good cause exception” is granted by the chief judge relieving the Office of the Court Trustee of the duty of enforcement of the order. C. If a new or modified final child support order is silent as to whether enforcement is assigned to the Court Trustee, the support order shall be assigned to the Office of the District Court Trustee for enforcement. D. 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. E. The Court Trustee shall have the additional powers and duties set out in K.S.A. 20-379 and K.S.A. § 75-5365. F. 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. G. Except as otherwise provided in K.S.A. 23-3103, each final order in the Eighteenth Judicial District containing orders of support that are assigned to the Office of the Court Trustee for enforcement shall include the following provisions: 1.IT IS FURTHER ORDERED that an income withholding ordershall be issued immediately as required by K.S.A. 23-4,105 et seq. The Office of the District Court Trustee shall immediately prepare the income withholding order, notice and answer forms for filing and service to the obligor's payer of income. Each party shall inform the Clerk of the District Court, in writing, of any change of name, residence and employer (with business address) within seven (7) days of a change. 2.IT IS FURTHER ORDERED that, until the commencement ofwithholding by a payer/employer, the obligor shall pay all child support payments required by the support order. Payments shall be remitted by the obligor to the Kansas Payment Center on or before the due date specified in the order. 3.IT IS FURTHER ORDERED that all support payments shall be paid to the Kansas Payment Center, P.O. Box 758599, Topeka, KS 66675 8599, and a fee shall be deducted there from by the Kansas Payment Center to defray the expense of the operation of the Office of the District Court Trustee. All support payments shall be payable to the order of the Kansas Payment Center. 4. The following provision and subparagraph (c.) above shall be included in all final orders where only spousal support is ordered: IT IS FURTHER ORDERED that, unless the parties have agreed in writing to the earlier issuance of an income withholding order, all maintenance payments shall be subject to income withholding, but only if (a) there is an arrearage in payment of maintenance in an amount equal to or greater than the amount of maintenance payable for two months, (b) the obligee spouse or ex-spouse is not living with a child of the obligor for whom an order of support is also being enforced, and (c) there has been compliance with K.S.A. 23-4, 107(h) and amendments thereto. H. Any final support order providing for the support of a child, issued in a Court of the Eighteenth Judicial District, shall require immediate issuance of an income withholding order unless there is a written agreement among all interested parties providing for an alternative payment arrangement. I. Pursuant to K.S.A. 39-7,135 and Administrative Order No. 154 of the Kansas Supreme Court, the Kansas Payment Center shall receive and disburse payments for support and maintenance. The official payment history for support payments is that maintained by the Kansas Payment Center. J. 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. K. The Clerk of the District Court, Family Law Department, shall cooperate and coordinate his/her functions with the Office of the District Court Trustee to improve the enforcement of duties of support, and to promote judicial efficiency and the effective administration of justice. L. A party or attorney filing a "final" child support order with the Clerk shall also file a support information worksheet which will provide the Office of the Court Trustee with the current information necessary to perform its duties pursuant to this rule. M. All amounts charged and collected to defray the expenses of the Office of the District Court Trustee shall be withheld from support payments made to the Kansas Payment Center and shall be paid to the Court Trustee Operations Fund of the Eighteenth Judicial District of Kansas. N. Any action taken by the District Court Trustee to establish, enforce or modify a support order is undertaken on behalf of the Court. There is no attorney client relationship created between an obligee or obligor and the Office of the District Court Trustee or its staff. O. All parties maintain the right to employ private counsel, at their own expense, to enforce or modify orders of support. P. 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. Q. All pleadings filed by the Court Trustee shall be sent to all attorneys of record in that case.
  • RULE 423: ALTERNATIVE DISPUTE RESOLUTION
    A.Overview:Alternative dispute resolution (ADR) is available to all parties. ADR includes mediation, case management, limited case management, arbitration and collaborative family law. 1. Mediation, case management, or limited case management can be ordered upon motion of a party, or upon the Court's own motion, contingent on the Court finding that the parties can afford to participate. In determining whether a party can afford to participate, the court may consider the litigious history of the case, the DRA or child support worksheet, and/or the comparative cost of litigation versus ADR. 2. Arbitration or collaborative family law can be entered into only with the approval of all parties. 3. The Hearing Officer may enter an order for ADR in any contested issue over which the Hearing Officer has jurisdiction. 4. The ADR program will be administered through the Dispute Resolution Coordinator. No case can be placed in any type of ADR without the Dispute Resolution Coordinator being notified. B.The following provisions shall all apply to mediation, case management, or limited case management. 1. The mediator, case manager or limited case manager shall be selected by agreement of both parties, or their attorneys, unless otherwise ordered by the Court. If the parties and/or their attorneys are unable to agree upon a mediator, case manager or limited case manager, the moving party shall submit three proposed names to the non-moving party within 3 business days, who shall select one from the list of three within 3 business days. If the non-moving party does not want to select any of the three, the non-moving party shall select a different 3 names and submit them to the moving party, who shall select one name from the three within 3 business days. If none of the six total names are acceptable to both parties, the Dispute Resolution Coordinator or Assigned Family Law Judge will select one name that is not contained on either list. 2. All people who wish to be considered as a case manager, limited case manager, or mediator 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. 3. A case manager, limited case manager or mediator can require payment of the initial retainer fee in advance of services rendered. The case manager, limited case manager, or mediator is not required to begin work until the initial retainer fee is paid. If the fee is not paid within 2 weeks of the initial request, and no payment plan has been agreed upon, the case manager, limited case manager, or mediator shall notify the court. Written decisions or recommendations cannot be withheld for failure of one of the parties to pay fees. 4. In the event that the Court finds that a party has willfully failed to pay a case manager, limited case manager or mediator, the Court may impose any sanction on that party as justice and equity requires, including a prohibition on filing any motion until the outstanding balance has been paid. C.Mediation: The Court may order mediation subject to and governed by the provisions in K.S.A. § 23-3501 through 23-3506. D.Case Management:The Court can order the parties into case management following a motion of a party, or on the Court's own motion, subject to the issues, circumstances, and procedures as outlined in K.S.A. § 23-3507-3509, as well as any other issues the parties agree to submit to the case manager. 1. All Case Managers shall have the qualifications required by K.S.A. § 23-3508 (d). The Presiding Family Law Judge is responsible for approving people who wish to serve as a Case Manager. The ADR coordinator will keep a current list of all qualified Case Managers. 2. During the case management process, communications between parties, or between a party and the case manager, are not privileged. The case manager may be required by report or testimony to disclose any or all matters from case management. 3. Once assigned, and until further order of the Court, all issues related to custody, residency or parenting time, as well as any other issues the parties agree to submit, shall be presented to the case manager in writing for recommendation before any motion on those issues may be filed. Case Management recommendations become the order of the Court subject to the provisions of K.S.A. § 23-3509. 4. Case management ends for a particular case when the case manager has terminated the assignment or when, upon motion of a party, or on the Court's own motion, the Court terminates the assignment. E.Limited Case Management: Limited case management (LCM) is a Sedgwick County form of ADR that is drawn from the Court’s statutory authority to order mediation (K.S.A. 23-3502) and investigation, (K.S.A. 23-3210). 1. The Court will designate specific issues to the limited case manager. The limited case manager shall only address issues contained within the corresponding order. The costs of LCM may be assigned to either party by the Court, in any manner that the Court decides. If the Court does not make a cost division designation, the costs will be split 50/50. 2. All Limited Case Managers shall have the same qualifications required by Case Management as stated in K.S.A. § 23-3508 (d). The Presiding Family Law Judge is responsible for approving people who wish to serve as a Limited Case Manager. The ADR coordinator will keep a current list of all qualified Limited Case Managers. 3. The Limited Case Management process begins when Order for Limited Case Management is executed by the ADR Coordinator. At the time Limited Case Management is ordered, an approximately 60 day review hearing shall be set with the Assigned Family Law judge. 4. At the 60 day review hearing, the judge will address: A. If there is an agreement, whether the agreement should be adopted and whether that addresses all outstanding issues in front of the court. B. If there is not an agreement, i. Whether to adopt any temporary orders per K.S.A. § 23-3212(a), and ii. When to set the matter for Pre-Trial Conference on the issues raised in the original motion that led to the LCM referral. 5. The assignment to limited case management ends when: A. a written agreement has been approved by the parties and the court, or B. when the case manager files recommendations as to the issues specified in the Order for Limited Case Management, or C. The Court may at any time, upon motion of a party, or on the Court’s own motion, terminate all or part of the assignment. 6. The LCM shall avoid ex parte communications with attorneys in the case. A. Either party’s counsel or pro se litigant may contact the limited case manager while the LCM process is pending, but they must copy the other attorney (or pro se litigant if unrepresented)or include them in the communication on any substantive issue. B. A limited case manager shall not communicate with one attorney or pro se litigant without including the other attorney (or pro se litigant if unrepresented) in the communication on any substantive issue. C. 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. 7. The first step in the LCM process is mediation. A. The initial retainer fee must cover the cost of a minimum eight (8) total hours of LCM. B. Any mediation agreement reached between the parties shall be reduced to writing and delivered to the ADR coordinator, who shall deliver it to the Court for approval. Agreements reached in LCM should comply with the provisions of K.S.A. §23-3503(c). C. In the event the LCM process moves to the investigation step, the court will order that information revealed during the mediation step is to be used in the investigation, and such information will not protected by confidentiality, per K.S.A. § 23-3505(b)(4). D. The mediation step of LCM ends when all issues are either agreed or at impasse. 8. In the event of impasse, the case shall proceed to the second step of LCM, which is investigation. A. The Limited Case Manager shall assume the role of independent investigator as contemplated by K.S.A. § 23-3210(a). B. The Limited Case Manager shall provide an opportunity for each side to submit names of witnesses and exhibits for the Limited Case Manager to investigate. Upon request, the Limited Case Manager may advise the parties as to the expected cost of reviewing the submitted information and interviewing witnesses. C. After the investigation is complete, the Limited Case Manager shall write a Report and Recommendation, and shall submit the same to the ADR coordinator. Thereafter, the Report and Recommendation may be distributed as contemplated by K.S.A. § 23-3210(c). D. An LCM Report and Recommendation shall not be made part of the Court file and shall not be attached to any Motions. Court orders adopting an LCM Recommendation may contain the recommendations but not the full report. E. If legal custody, residency, or parenting time are at issue, the LCM Report and Recommendation shall specifically address all statutory factors in K.S.A. § 23-3203. The Dispute Resolution Coordinator will keep an electronic list of the updated factors that the Limited Case Mangers may request and use to copy and paste in their reports. F. If the matter proceeds to trial, the LCM Report and Recommendation is admissible without further foundation, per K.S.A. § 23-3210. The Report and Recommendation is given no presumptive weight, and the facts and conclusions therein will be evaluated by the fact-finder in the same manner as all other evidence. G. Neither party is required to call the Limited Case Manager to testify, however either party is permitted to call the Limited Case Manager. In the event that the Limited Case Manager is called to testify, the party requesting such testimony shall pay the previous LCM hourly rate, or any other agreed upon rate, for reasonable preparation and testimony time. The Court will make judicious use of the Limited Case Manager’s time, including taking the Limited Case Manager out-of-order, unless good cause justifies not doing so. H. At trial, the burden of proof remains the same as before the case was assigned to LCM, regardless of the recommendation, and no recommendation will have the effect of shifting the burden of proof. I. A party who is challenging the LCM recommendation may use leading questions during the examination of the limited case manager on direct examination. F.Arbitration: The parties may agree to arbitrate any contested issues. Arbitration should be conducted as agreed to by the parties in a written agreement, and consistent with the provisions of K.S.A. 5-201, et seq. 1. No motion for arbitration need be filed with the Court. However, an agreement to arbitrate does not stay any other deadlines, and any continuance of a Court ordered appearance or deadline must be approved by the Court. 2. Upon completion of arbitration, the parties shall journalize and file with the Court any orders necessary to implement the arbitrator's decision within 14 days. 3. The arbitrator's decision takes effect as soon as it is disclosed to the parties. 4. Arbitration ends when an arbitrator's decision has been journalized. Arbitration can be stayed, or an arbitrator's decision vacated or modified, only in a manner consistent with K.S.A. 5-201, et seq. G.Collaborative Family Law: Parties may agree to handle their case in a Collaborative Family Law (hereinafter referred to as “CFL”) format. CFL is a process by which parties negotiate a settlement of all issues in their case outside the court system. Consistent with the provisions of K.S.A. 23-606, including the exceptions described therein, a party who agrees to participate in the CFL process has a privilege to refuse to disclose, and to prevent a witness from disclosing, any communication made during the course of these negotiations. Essentially, the process provides that the parties and counsel focus on the interests of both parties, gather information sufficient to insure that decisions are made with full knowledge, create a full range of options, and then choose options that best meet the needs of the parties. The process is one which, along with the skill of counsel, is designed to create a problem-solving atmosphere. The CFL process works best if both parties are represented by counsel trained in CFL. The parties and counsel enter into a Participation Agreement which sets forth the CFL process which the parties shall follow, requires full and complete disclosure of all financial information by both parties, and precludes both attorneys from representing their clients in subsequent proceedings in the event the negotiations reach an impasse, or in the event either party elects to withdraw from the CFL process. The CFL process can take place either before or after the case has been filed. Inasmuch as CFL can be entered into only with the approval of all parties, no motion for CFL need be filed with the Court. However, a written agreement to handle a case through the CFL process does not stay any other deadlines, and any continuance of a Court-ordered appearance or deadline must be approved by the Court. CFL ends when a written agreement has been approved by the parties or when either party elects to withdraw from the CFL process. Upon successful completion of CFL, the parties have an obligation to journalize and file with the Court any orders necessary to implement the settlement agreement. If one or both parties contemplate that their case will be handled in a CFL format, then either or both parties may file a Petition for Divorce and issue a Temporary Order which shall be issued at the time of filing of the Petition. Temporary Orders issued in cases in which one or both parties contemplate that their case will be handled in a CFL format shall follow the form set forth below: Link to Sample Form
  • RULE 424: USE OF PERSONAL IDENTIFIERS IN DOCUMENTS FILED WITH THE COURT
    Parties and attorneys are directed to comply with the redaction provisions in Supreme Court Rule 123. All documents are covered by this rule. The original IWO that is sent to the employer should still include personal identifiers, but that information should be redacted from any copies filed with the Court.
  • RULE 425: CHILD IN NEED OF CARE ORDERS TAKE PRECEDENCE
    Any orders pertaining to child custody, parenting time, and child support entered as a result of a child in need of care proceeding , including custody resulting from police protective custody,shall take precedence over any other child custody, parenting time, and child support order entered in any other case as long as the child in need of care case remains open. When the child in need of care case closes, the last order of custody, parenting time and child support entered in the child in need of care case shall remain binding as to all the parties in that case. These orders shall remain in effect until the parties appear before the court and such orders are amended by the court. 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 and 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.
  • Who do I call if I have a ticket from the city police?
    For inquires regarding traffic tickets issued by city police, please call 316-268-4611.
  • Rule 500: DUTIES AND JURISDICTION
    Cases filed under Chapter 59, 65, and related chapters of K.S.A. shall be assigned to the Probate Department. The Probate Department shall preside over estates, including decedents, guardianships, conservatorships, descent proceedings, foreign wills and foreign transcripts. The Probate Department shall have jurisdiction over mental illness, alcoholism, Wills on Deposit and all related matters and any other matter assigned by the Administrative Judge
  • Rule 600: DUTIES AND JURISDICTION
    Cases filed under the KANSAS CODE FOR CARE OF CHILDREN (K.S.A. 1982 supp. 38-1501 et seq.), the KANSAS JUVENILE OFFENDERS CODE (K.S.A. 1982 Supp. 38-1601 et seq.) and petitions for approval of relinquishment of illegitimate children (K.S.A. 38-113a) shall be filed and heard in the juvenile department of the court.
  • Rule 601: DOCKETS
    Cases filed in the juvenile department shall normally be assigned to one of two dockets, with one docket containing the care code and relinquishment cases and the other the offender cases. Each of these dockets will normally be under the supervision of a particular judge assigned to the juvenile department for a given period of time. Requests for continuance or other scheduling matters shall be addressed to the appropriate judge. Cases under the KANSAS CODE FOR CARE OF CHILDREN will normally call for interested parties to first appear or answer by 8:30 a.m. on a Thursday (Wednesday, if Thursday is a legal holiday) the court will call a docket of cases pending an evidentiary hearing. Evidentiary hearings will normally be scheduled from such docket call to a time during the calendar week commencing 10 days following the docket call. Cases under the KANSAS JUVENILE OFFENDERS CODE will normally call for first appearance at 8:30 a.m. or 1:30 p.m. on a Wednesday (Tuesday if Wednesday is a legal holiday). At such appearance the respondent (alleged juvenile offender) will be expected to answer the charges in the complaint with an admission or a denial. Those denying a charge will normally be scheduled for trial at 8:30 a.m. on a Monday, Tuesday, Thursday or Friday. Dispositional hearings for one adjudicated a juvenile offender will normally be scheduled for 1:30 p.m. on a Monday, Tuesday, Thursday or Friday.
  • RULE 602: FILING OF A MOTION OF ADULT PROSECUTION
    Upon the filing of a motion of adult prosecution: A judge of the juvenile department shall order the respondent and respondent’s parents to appear before the preliminary hearing assignment judge of the criminal department one (1) week from the date of the request, at 9:00 A.M. The judge will appoint counsel for the detention hearing and conduct a detention hearing. There will not be a waiver of hearing on the motion for adult prosecution taken in the juvenile department. The clerk of the juvenile department shall send to the preliminary hearing assignment court The Official Court file. The Social file All other juvenile offender court files on the respondent. The juvenile clerk shall make the appropriate computer entries scheduling the hearing. Upon receipt of the journal entry scheduling the hearing in the criminal department, the preliminary hearing assignment Judge shall appoint counsel to represent the respondent if counsel has not been appointed or retained for the hearing. If, upon hearing, the motion for prosecution as an adult is denied and the court does not designate the proceedings to be an extended juvenile jurisdiction prosecution: The judge of the criminal department shall order the respondent and his parents to appear at the juvenile offender initial appearance docket before a judge of the juvenile department on the first Wednesday following the denial of the motion. (if respondent does not have retained counsel, the court shall contact the clerk of the juvenile department to determine whether the case should be set at 8:30 a.m. or 1:30 p.m.) The clerk of the criminal department shall return all juvenile court files to the clerk of the juvenile department along with the journal entry of the hearing denying the motion. A judge of the juvenile department shall re-appoint the attorney who represented the respondent at the initial Appearance in juvenile court, if the respondent has not retained counsel The juvenile clerk shall make the appropriate computer entries. If adult prosecution is granted, after hearing or waiver, the defendant will be arraigned, enter a plea, or have a plea of not guilty entered, and the case will proceed through the criminal department. The juvenile clerk shall make the appropriate computer entries. Upon entry of an order for adult prosecution, the defendant will be arraigned, enter a plea, or have a plea of not guilty entered and the case will proceed through the criminal department. Social file and other juvenile files will be kept by the Criminal Court Clerk in a confidential file subject to a judges order.
  • RULE 603: CHILD IN NEED OF CARE PRECEDENCE
    Any orders pertaining to child custody, parenting time, and child support entered as a result of a child in need of care proceeding, including custody resulting from police protective custody, shall take precedence over any other child custody, parenting time, and child support order entered in any other case and shall continue to take precedence as long as the child in need of care case shall remain open. Upon closure of the child in need of care case, the last order of custody, parenting time and child support entered in the child in need of care case shall remain binding as to all the parties in that case in regard to all other proceedings in all other departments of the court pertaining to the same parties. Said orders shall remain in effect until such time the parties appear before the court and such orders are amended by the court. In regard to any family law or probate case pertaining to the same parties in the child in need of care case, the order of final custody parenting time, and child support in the child of need of care case shall also be filed in the family law or probate case and 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.
  • How do I file a paternity case?
    You may either contact a private attorney or the Kansas Department for Children and Families. The Wichita Area DCF office may be reached by calling the number below. The CSS call centers hours of operation are Monday through Friday from 7:00 a.m. to 7:00 p.m. Toll Free 1-888-757-2445 TTY 1-888-688-1666
  • How do I obtain a child support lien release so that I can sell or purchase real estate?
    If your case is a Court Trustee case, contact the Court Trustee’s Office by phone. Please do this at least 1 week before the date of closing the real estate transaction. You will usually be required to pay all past due child support and interest before we will prepare the lien release.
  • How do I report a change of address?
    An obligee (person receiving payments) must report the change in writing, by mail or fax. Simply send a note to our office. Your signature, the case number, the names of the payor and payee and an effective date are required. The oblige is also required to notify KPC of the address change. The obligor (person making the payments) may report the change in writing or by phone.
  • How do I find out the balance I owe in child support?
    CSS customer Service Call Center is available to answer questions on IV-D/SRS cases in regards to Federal and State tax offset, unemployment intercepts, overpayments, drivers license restriction, paternity establishment, credit reporting, federal parent locator service (FPLS) - locates, passport denial, recreational license denial, temporary assistance for families (TAF), medical viability, and audits on arrearage. The CSS call centers hours of operation are Monday through Friday from 7:00 a.m. to 7:00 p.m. Toll Free 1-888-757-2445 TTY 1-888-688-1666 http://www.dcf.ks.gov/Pages/default.aspx
  • How do I transfer an income withholding order to a new employer?
    An obligee or obligor should report the change of employment to the Court Trustee’s Office in writing, by mail or fax. Your signature, the case number, an effective date and the name and address of the new employer are required. If the case is a Court Trustee case, the Court Trustee’s Office will send a notice of withholding to the new employer within 2 working days.
  • How long does my child support obligation continue?
    If the support order was entered in Kansas, child support continues until the child’s 18th birthday if the child is no longer in school (unless the parties have agreed otherwise and the agreement has been approved by the court). If the child is still in high school, child support continues until June 30 of the school year in which the child reaches age 18. A school year in Kansas runs from July 1st to June 30th. If a support order is entered in another state, the other state’s age of majority may govern.
  • Where can I get a copy of my payment record?
    Payment records may be viewed online at http://www.kspaycenter.com.
  • Rule 1001: Preface
    The increasing use of various electronic devices including phones, tablets, and other wireless communication devices continually challenges a court’s legitimate concerns for courtroom security, participant distraction, and decorum. These electronic devices are redefining the news media, the informational product disseminated, and the timeliness of the content. They also result in new expectations for the court and participants for immediate access to information. Policies developed to address the court’s concerns should include enough flexibility to take into consideration that electronic devices have become a necessary tool for court observers, journalists, and participants and continue to rapidly change and evolve. The courts should champion the enhanced access and the transparency made possible by use of these devices while protecting the integrity of proceedings within the courtroom.
  • Rule 1001: Permissible Use of Electronic Device
    (1) During a judicial proceeding a person may possess - but not use - any of the following electronic devices unless the possession is prohibited by the presiding judge or justice: (A) A cell phone, (B) A laptop or tablet computer, with or without video or audio capabilities, (C) A digital or tape audio recorder, (D) A personal digital assistant (PDA), with or without video or audio recording capabilities, (E) A still or video camera, and (F) Any other electronic device that can broadcast, record, or take photographs. (2) All cell phones must be turned off in the courtroom. During court proceedings, all electronic devices must be put away and out of sight, unless use of the devices is authorized by the presiding judge or justice under this rule. A person may use a cell phone or other electronic device in a court facility, but not in a courtroom, to make or receive phone calls, e-mails, and/or text messages only.
  • Rule 1001: Prohibited Use of Electronic Device.
    (1) A person is prohibited from using a cell phone or any other electronic device in a court facility to: (A) Take pictures, (B) Take videos, (C) Make sound recordings, (D) Broadcast sound, and (E) Broadcast still or moving images (video). (2) Violating this rule may result in the device being confiscated.
  • Permission Required for Exception to Rule
    The presiding judge or justice may make an exception to this rule. The news and educational media and others - such as a publisher, editor, reporter, or other person employed by a newspaper, magazine, news wire service, television station, or radio station who gathers, receives, or processes information for communication to the public, or an online journal in the regular business of newsgathering and disseminating news or information to the public - must request specific permission in advance to use an electronic device to record and transmit public proceedings, including real-time coverage, in Kansas courts. If permission is granted, use of the permitted electronic device must be in accordance with the following applicable conditions and procedures and such other conditions and procedures as may be required by the presiding judge or justice. (1) The privilege to photograph, record, or provide real-time coverage of court proceedings may be exercised only by those obtaining prior permission of the court. Video, photography, audio reproductions, and other electronic communications may be used only for the purpose of education or news dissemination. (2) The judge must be given at least one week’s notice of the request to bring cameras, recording equipment, or other electronic communication devices into the courtroom. The judge may waive this requirement for good cause. (3) The privilege granted by this rule does not limit or restrict the judge’s power, authority, or responsibility to control the proceedings before the judge. The judge’s authority to disallow possession of electronic devices at a proceeding or during the testimony of a particular witness extends to any person engaging in the privilege authorized by this rule. (4) Audio pickup and audio recording of a conference between an attorney and client, or among cocounsel, counsel and opposing counsel, or among attorneys and the judge are prohibited regardless of where conducted. Photographing such a conference is not prohibited. (5) Focusing on and/or photographing materials on counsel tables or in designated areas is prohibited. (6) An individual juror may not be photographed. In a courtroom in which photography is impossible without including the jury as part of the unavoidable background, photography is permitted as long as no close-ups identify individual jurors. (7) The trial judge must prohibit the audio recording and photographing of a participant in a court proceeding if the participant so requests and (a) the participant is a victim or witness of a crime, a police informant, an undercover agent, or a relocated witness or juvenile, or (b) the hearing is an evidentiary suppression hearing, a divorce proceeding, or a case involving trade secrets. Subject to a court directive to the contrary, the news media may record and photograph a juvenile who is being prosecuted as an adult in a criminal proceeding as authorized by K.S.A. 38-2347. (8) No video, photograph, audio reproduction, or other electronic communication of a court proceeding will affect the official court record of the proceeding for purposes of appeal or otherwise. (9) An interview for broadcast or other electronic transmission may not be recorded in a hallway immediately adjacent to a courtroom entrance if a passageway is blocked or a judicial proceeding is disturbed thereby. Photographing or other recording through a window or open door of a courtroom is prohibited. Prior to rendition of the verdict, a criminal defendant may not be photographed or otherwise recorded in restraints as the defendant is being escorted to or from a court proceeding. (10) The judge may ban cameras, audio recorders, and other electronic communications devices from the entire floor on which a proceeding is conducted. (11) The chief judge must designate a coordinator or other court personnel who will work with the chief judge, the trial judge, the media, and others making a request under this rule in district court. (12) A request to photograph, record, or provide live coverage of a court proceeding must be directed to the coordinator. When more than one television station, still photographer, or audio recorder desires to cover a court proceeding, the coordinator must designate the pool photographer and audio recorder. If there is a dispute as to the pool designation or the equipment to be used, no audio or visual equipment will be permitted at the proceeding. Requests for copies of audio recordings, video, or photographs must be directed to the pool representative, who will supply copies upon request to media representatives at a price not exceeding actual cost. Pool designations are not necessary for individuals providing text accounts via approved electronic devices. (13) The trial judge will designate the location in the courtroom for the audio, video equipment, and operators. Under the general supervision of the chief justice, the clerk of the appellate courts will supervise the location of media equipment within the Supreme Court courtroom. The presiding judge of a Court of Appeals panel will supervise the location of media equipment, and personnel using the equipment, at hearings before the Court of Appeals. Equipment and operators ordinarily should be restricted to areas open to the public. The equipment and operators, however, must not impede the view of persons seated in the public area of the courtroom. Operators must occupy only the area authorized by the judge and may not move about the courtroom for picture-taking purposes during the court proceeding. (14) Media equipment must not be placed within or removed from the courtroom except prior to commencement or after adjournment of proceedings each day, or during a recess. Such equipment must not be operated in any manner that disrupts proceedings. (15) One television camera, operated by one person, and one still photographer, using not more than two cameras, are authorized in any court proceeding. The judge may authorize additional cameras or persons at the request of the coordinator. If a still camera is not manufactured for silent operation, use of a quieting device is recommended. The court may restrict operation of cameras or electronic devices which emit distracting sounds during court proceedings (16) Only audio, visual, or electronic communications equipment that does not produce distracting light or sound may be used to cover court proceedings. An artificial lighting device may not be used in connection with any audio or visual equipment. A modification in the lighting of a district court facility may be made only with the approval of the chief judge. Approval of other authorities may be required. [History: New rule effective September 1, 1988; Amended and restyled rule effective October 18, 2012.]
  • How was I selected?
    You were selected at random with the use of a computer from the citizens of Sedgwick County. If you are at least eighteen years of age, a citizen of the United States, a resident of Sedgwick County, are not now adjudged incompetent, are able to comprehend the English language, not currently breastfeeding, and have not been convicted of a felony in the last 10 years, you are eligible to serve as a juror.
  • What time do I need to arrive?
    Mandatory reporting time is 8:30, unless you are instructed differently, but it advisable to arrive 15-20 minutes early to allow for check in delays.
  • How long will I serve?
    All jury panels are called for a one-week period. If you are not selected as a juror during that week, your service will be concluded. If you are selected as a juror, your service will be over when the case is over. Although some cases last longer than one week, the vast majority of cases will average three or four days.
  • Excuses from Service
    The judges are well aware that calling you for jury duty will result in an inconvenience to you. Under the law, the judge is permitted to excuse you only if your presence is required elsewhere for the public welfare, health or safety; if you are so physically or mentally infirm that you are not up to the task of jury duty; if you have served on a jury within the last year; or, if jury service would cause you extraordinary or compelling personal hardship. If you believe that you should be excused for one of these reasons, make your request known to the Jury Clerk.
  • Are you a citizen of the United States?
    If no, you will need to provide proof of being a Non Citizen: send by fax, e-mail or u.s. mail or bring verification to the office, a copy of permanent resident card, passport, or student visa. If you send it to our office, please call to confirm that your verification was received and that you have been excused.
  • Are you a resident of Sedgwick County?
    I've moved from Sedgwick County. Do I still qualify for jury service? No. If you have received a jury summons from us, but no longer live in Sedgwick County, please provide verification to our office. Send a copy of driver's license, voter registration, vehicle registration by fax, e-mail or u.s. mail for verification of current residence. Please call to confirm that your verification was received and that you have been excused.
  • Has a court found you to be presently incompetent?
    If you have been found to be incompetent by a court, you will need to call the clerk at (316) 660-9101 so that the clerk may verify a case is on file with our court.
  • Have you been convicted, pled guilty, or pled nolo contendre to a felony within the last 10 years?"
    If you have been convicted of a Felony charge in Sedgwick County, please call the clerk at (316) 660-9101 so that the clerk may verify a case is on file with our court. If you have been convicted in another county or state, you will need to send verification by fax, email or us mail. Please call to confirm your verification was received and that you have been excused.
  • Are you a breastfeeding mother?
    If you are a breast feeding mother, you may send verification by fax, e-mail or u.s mail from your doctor. Please call to confirm that your verification was received and that you have been excused.
  • Excused from Jury duty for health reasons?
    If you have health reasons that make you incapable of serving on jury duty. You will need to send verification from your doctor in some details stating why you are unable to serve. Your doctor's office may send verification by fax, e-mail or u.s. mail. Please call to confirm that your verification was received from your doctor and that you have been excused
  • Failure to report for Jury Service
    What happens if I have been summoned for jury service, but I just decide not to come in? You may be held in contempt of court and you can be fined for failing to respond to a jury service summons. We hope that you will reconsider. The jury system is an important part of democracy in America. Rather than relying solely upon state employees (judges) to decide the facts in a dispute, whether civil or criminal, our system of government relies upon a group of citizens chosen from the community to make those decisions. The jury system can only work well if jurors are chosen from a full cross-section of the people. Because of this, we work hard to make sure that segments of our community are not excluded from jury duty, whether through self-selection (i.e., failing to show up) or otherwise.
  • Continuance of Jury service
    If jury service on the scheduled date would cause you temporary extraordinary or compelling personal hardship, your jury service can be changed to a later date. Request for deferred jury service must be made before the date on your summons by calling the Jury Clerk. Jury service may be rescheduled one time only.
  • Must I have special knowledge?
    For service as a juror, it is not expected or necessary that you have any special talents or training. The judge presiding in the trial will decide the law. You will decide the facts from the evidence presented in the case utilizing your experience and knowledge common to all persons in general. As a juror, you become an officer of the court, the judge of the facts - and determine the verdict in the case.
  • What is the working schedule?
    The hours of work are set by each judge with a break for lunch and recesses. At times it becomes necessary to work a little late - perhaps to complete the testimony of a witness from out of town to avoid a return the next day. But the normal working hours are 8:00am to 5:00pm. During lunch you are permitted to leave the courthouse, and in the evenings you will be permitted to return to your homes. You may have read of cases where jurors are "sequestered" or kept together in the evenings during trial. You do not need to worry about this. Traditionally, we do not sequester juries, even during their deliberation on their verdict.
  • Delays
    Sometimes there are delays before jurors are assigned to a court for trial. The parties have a legal right to settle their differences without a trial, and at times this may be done after the parties and lawyers come to court. Also, in some cases there are matters that must be taken up before trial, and this cannot be done until the actual day of trial. In either case, jurors usually remain in the assembly room rather than the courtroom. You may want to bring a book, magazine or needlework** in case the delay is longer than usual. We will inform you as soon as it is determined that you are not needed. Wireless internet access is available. During the trial there are conferences on matters of law between the judge and the lawyers. These are part of the trial and are usually done outside the presence of the jury. **Needlework - security does not allow pointed scissors or knitting needles. Crochet hooks are okay. Anything deemed dangerous will be confiscated and returned upon departure.
  • Courtroom Decorum
    Whenever the judge enters the courtroom, all persons in attendance are required to rise, and court is opened formally by the bailiff of the court. Besides the judge and bailiff, the staff includes the certified shorthand reporter who records all the proceedings of the trial. When a case is ready to be tried with a jury, the judge will announce the names of the parties and introduce the lawyers. The required number of jurors will then be called to sit in the jury box, and trial begins with the jury selection process.
  • Courtroom Attire
    The dress code for jury duty is business casual. Uniforms are not permitted. Uniforms include, but are not limited to; firefighters, security, military, law enforcement, nursing scrubs, EMT and other easily recognized uniforms. Shorts and tank tops are not acceptable attire. Because temperatures vary in courtrooms and in the assembly room, it is recommended to dress in layers.
  • Conduct of Jurors
    The judge will inform you of your function and conduct as jurors. Generally, you will be instructed that during the trial you as jurors must not express any opinion about the case nor are you to discuss any part of the case among yourselves or with anyone else, nor have anyone discuss the case with you or in your presence. The reason here is obvious: you are bound to render a verdict based only upon the evidence presented during the trial, which the judge has determined proper and admissible for you to consider. You will notice that the parties and their lawyers may appear to be aloof and unfriendly. They are not permitted to fraternize with jurors. This is intended to avoid even the appearance of any impropriety. Your contacts about the case must be made only with the judge and the bailiff. All that will be expected of you is to be open-minded, fair, and objective, and determine the facts of the case and the verdict based upon the evidence presented, the judge's instructions, and your common sense.
  • Jury Fees
    The statutory jury fee of $10 per day is not intended to reflect the value Of Your services as jurors. It is simply a token payment to persons who are performing one of the duties of citizenship. You will receive your fee plus a mileage and meal allowance approximately two weeks following your jury service. If you are excused at your request, you will not receive this fee since you will not have been eligible for jury service.
  • Does my employer have to pay me during Jury service?
    No, there is no Kansas law requiring employers to pay their employees while they are serving on a jury. However, they are required by Kansas law to allow you to serve on jury duty. Some employers do have policies under which employees are paid their normal salary even while serving on a jury. You'll need to check with your employer regarding their policy.
  • Why do I have to pay for postage to return questionnaire?
    The Jury Office spends over $15,288 annually in postage to mail summons and juror checks. Postage for returned questionnaires would nearly double the cost.
  • Stand-by Jurors
    If you received a Stand-By Jury Summons you do not need to report to the courthouse unless you are instructed to. When you call the phone number on your summons you will reach a RECORDING which will tell you: (1) that you should report for jury service on that day, (2) that you should call again later in the week or, (3) that you are permanently excused. The judges have adopted a stand-by system in order to avoid the time and expense involved in calling jurors when they are not needed. If you were not required to come in, your name will be placed back in the jury pool and you may be summoned at a later date.
  • Procedure of a Jury Trial
    Jury Selection Jurors are called to the jury box and sworn to answer question concerning their qualifications to serve. Challenges to jurors. Jurors sworn. The Trial Opening statements Presentation of the evidence Closing argument by the lawyers Jury retires to deliberate Deliberation of Jury Jurors select foreperson Discuss evidence and instructions Verdict reached Verdict read in open court Jury discharged
  • In Conclusion
    Your duty as a juror requires you to be prompt in your attendance, attentive to your duties, faithful to your oath, considerate and tolerant of your fellow jurors, sound and deliberate in your evaluation, firm but not stubborn in your convictions, and faithful to your trust.. From your service as a juror, you will experience a sense of deep satisfaction for having fulfilled your obligation to our community.
  • Rule 700: SERVICE OF PROCESS
    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.
  • Rule 701: WORKERS' COMPENSATION APPEALS
    The Clerk shall immediately, upon the filing of an appeal from the award in a workers' compensation case, assign such case to a Judge of the Civil Department on a rotation basis.
  • Rule 702: POVERTY AFFIDAVIT IN LIEU OF THE DOCKET FEES
    No poverty affidavit in lieu of the docket fee may be filed in any case by parties possessing income or funds of any kind, unless approved by the Administrative Chief Judge or by a Judge of the Department to which the case has been assigned; and any case so filed without such approval shall be subject to dismissal by the Court.
  • Rule 703: NAME OF JUDGE ON JOURNAL ENTRIES AND 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.
  • Rule 704: CLOSING OF CASES ON CLERK'S 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.
  • Rule 705: TYPED NAME
    All pleadings shall have typed thereon, immediately below the signature line of the pleadings, the name of the attorney or person signing the pleading.
  • Rule 706: ENFORCEMENT OF RULES
    The Court may enter any order authorized by law for failure to follow these local rules.
  • Rule 707: ORDER WITHDRAWING BENCH WARRANT
    Commencing December 1, 2006 all Orders Withdrawing Bench Warrants issued in the Eighteenth Judicial District shall be on a form. This form can be found under the category of Forms linked here.
  • I have never been through this process and would like to know what to expect at my hearing.
    Please go to the KS POP (Kansas Protection Order Portal) for helpful information. www.kspop.org
  • Is it faster to paper file or file online through the portal?
    Both filings go through the same process. The only difference is that a person can file through the portal 24 hours a day. The clerk processes either type of submission in the same fashion.
  • I filed a case, when will I get my paperwork or know if a temporary order was approved?
    It can take 3 to 4 business days. You will receive your paperwork by email, as well as a hard copy from the U.S. Postal Service.
  • I never received an emailed copy of my paperwork.
    Check your junk email, and see if there is a BARRACUDA email as this is how the email will be sent due to firewall protection.
  • Why was my order denied or the case dismissed?
    The clerks process paperwork and maintain the court record only. The decision is made by the Judge.
  • How can I get an order changed that a judge has signed?
    Motion paperwork can be picked up on the 7th floor of the courthouse; a clerk cannot help you fill out paperwork. You can contact the advocates at 660-5290 for further assistance if needed. Motion paperwork can be placed in the dropbox inside the courthouse on the 1st floor, mailed to SG County Courthouse, 525 N Main, PFA/PFSSAHT, 7th floor, Wichita KS, 67203, or placed in the dropbox located outside in front of the courthouse on Main St.
  • "I filed on behalf of my child”; does my child attend the hearing as well?”
    Minors are not allowed in the courtroom. They can wait in the lobby of the courthouse; however, we do not have staff to supervise underage parties.
  • I don’t understand the order in this case and what contact can be had, etc.
    The clerks cannot give legal advice and cannot answer those questions. You should contact the protection advocate office at 660-5290 or seek legal advice from an attorney.
  • Why was this person allowed to file a case against me?
    Filing an order of protection is available to anyone.
  • I need a copy of a previous PFA/S order or the paperwork associated with that case.
    Any case that is not currently being processed, must be requested through a KORA (Kansas Open Records Act) request. You can come to the 6th floor of the courthouse to the records department or request it through email at micro@dc18.org.

Reglas de la corte local

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