Local Court Rules
These rules are intended to provide clear procedures for the fair, timely and cost-effective disposition of cases filed in the Eighteenth Judicial District. Copies of these rules are maintained in the office of Clerk of the District Court and in the Sedgwick County Law Library. For a printable version of all of the rules click here or click the links below:
Rule 100: Court Structure
Rule 101: Department Staffing
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.
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.
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.]
Cameras in Court
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.
• 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.
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.
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.
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.
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.
Requests for camera and/or audio coverage should be directed to Ellen House:
Guidelines of Professionalism in Civil Litigation
Eighteenth Judicial District Deposition Guidelines
Rule 200: DUTIES OF PRESIDING JUDGE OF CIVIL DEPARTMENT
The Presiding Judge of the Civil Department shall generally supervise the Civil Department dockets.
Rule 201: Landlord-Tenant / Debt Collection Cases
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 202: PRE-TRIAL MOTIONS
Rule 203: JURY AND NON-JURY TRIAL CALENDARS AND ASSIGNMENTS
Rule 204: ASSIGNMENT OF NON-JURY CHAPTER 60 CASES
Rule 205: CASES ANNOUNCED FOR SETTLEMENT OR SUBJECT TO DEFAULT
Rule 206: ADMINISTRATIVE DISMISSAL FOR LACK OF SERVICE
Cases will be administratively dismissed without prejudice if service of process is not accomplished within 120 days after the case has been filed or resinstated. For good cause shown, such case may be reinstated within 2 years following the dismissal.
Rule 207: PRETRIAL STATEMENT IN BENCH CASES - CHAPTER 61
On the day of trial of any Chapter 61 case or any Chapter 60 case which has not been pre-tried, the attorneys or any party not represented by an attorney shall prepare, sign, and file a "Pretrial Statement" with the Judge to whom the case has been assigned. The "Pretrial Statement" shall be submitted on a form approved by the said Judge.
Rule 208: DISCOVERY
Rule 209: PRE-TRIAL CONFERENCE
Rule 210: INTERVIEWING EXPERTS
Rule 211: MEDICAL MALPRACTICE SCREENING PANEL
Rule 212: CIVIL POST-TRIAL MOTIONS
All post-trial motions in civil cases will be heard at a time and date set by the Judge who tried the case.
Rule 213: VOLUNTARY SETTLEMENT CONFERENCES EXCEPT MEDICAL MALPRACTICE
Rule 214: LIMITATION ON FREQUENCY OF GARNISHMENTS
Rule 215: EMINENT DOMAIN
RULE 400: DEFINITIONS
As used in these rules, the following definitions will apply:
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.
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.
RULE 402: TEMPORARY ORDERS FILED WITH PETITION AND STANDARD TEMPORARY ORDER
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.
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.
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.
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.
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.
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
RULE 404: SUPPORT ORDERS: KANSAS PAYMENT CENTER
RULE 405: ISSUANCE OF SUMMONS
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.
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.
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.
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.
RULE 410: CHILD CUSTODY INVESTIGATION REPORTS
A. The CCI reports will be made available for viewing per K.S.A. § 23-3210(c).
RULE 411: PRE-TRIAL CONFERENCES
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.
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.
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.
RULE 415: (not currently in use)
RULE 416: CONTINUANCES
RULE 417: (not currently in use)
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)
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.
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.
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. For any orders that involve the custody or support of children of the parties, any initial, finalor modified divorce decree, custody order, paternity order or support order shall order at leastone of the parents/parties to obtain and maintain health insurance coverage for the minorchildren when such coverage is available to the party at an affordable cost pursuant to K.S.A.23-3114 through 23-3117.
H. Except as otherwise provided in K.S.A. 23-3103, each final order in the Eighteenth Judicial District containing orders of support that are assigned to the Office of the Court Trustee for enforcement shall include the following provisions:
1. IT IS FURTHER ORDERED that an income withholding 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.
I. 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.
J. 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.
K. If a party requests a good cause exception pursuant to K.S.A. 23-3004, after the party shall file a motion and set a hearing before the Assigned Family Law Judge. If the case has been assigned to the Court Trustee, the Office of the Court Trustee shall be given notice of the hearing.
L. 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.
M. A party or attorney filing a "final" child support order with the Clerk shall also file a support information worksheet which will provide the Office of the Court Trustee with the current information necessary to perform its duties pursuant to this rule.
N. 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.
O. 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.
P. All parties maintain the right to employ private counsel, at their own expense, to enforce or modify orders of support.
Q. In every case which is monitored and enforced by the Office of the District Court Trustee, all notice, motions, and pleadings regarding all proceedings affecting support shall be furnished to the Office of the District Court Trustee.
R. 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.
Case Management recommendations become the order of the Court subject to the provisions of K.S.A. § 23-3509.
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.
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.
Media Coverage of Judicial Proceedings
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.
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:
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:
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.
Rule 300: DUTIES OF PRESIDING JUDGE OF CRIMINAL 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.
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
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
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.
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.