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The 12th Judicial District Rules
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ADMINISTRATIVE RULE NO. 1

RE: Providing Copies of Documents to Presiding Judge

Pursuant to Supreme Court Rule No. 137, copies of all pleadings, proposed orders and other documents for the attention of the district judge shall be hand-delivered or mailed to the district judge's chambers at the following address:

Hon. Thomas M. Tuggle
District Judge
P.O. Box 423
Concordia, Kansas 66901

Copies of all pleadings, proposed orders and other documents for the attention of the district magistrate judge shall be hand-delivered or mailed to the district magistrate judge's chambers at the following addresses:

Hon. Kathryn Carter, District Magistrate Judge (Cloud County)
811 Washington Street
Concordia,Kansas 66901

Hon. John L. Bingham, District Magistrate Judge (Jewell County)
307 North Commercial
Mankato, Kansas 66956

Hon. Brian V. Grace, District Magistrate Judge (Lincoln County)
216 East Lincoln Avenue
Lincoln, Kansas 67455

Hon. Bonnie J. Wilson, District Magistrate Judge (Mitchell County)
115 S. Hersey
Beloit,Kansas 67420

Hon. John Eyer, District Magistrate Judge (Republic County)
P.O. Box 8
Belleville,Kansas 66935

Hon. Terry N. Taylor, District Magistrate Judge (Washington County)
214 C Street
Washington, Kansas 66968

ADMINISTRATIVE RULE NO. 2

RE: Court Costs

In all cases wherein the presiding judge assesses costs against a party, said costs shall include all expenses allowed as set out in K.S.A. 60-2001 and K.S.A. 50-2003 unless specifically waived by the presiding judge and the Clerk of the Court shall furnish within thirty (30) days of the filing of the journal entry of judgment an itemized cost statement to the party ordered by the court to pay costs.

ADMINISTRATIVE RULE NO.3

RE: Motion Day Scheduling

Cases will normally be called in the following order: (1) criminal (2) domestic and, (3) civil matters.

ADMINISTRATIVE RULE NO. 4

RE: Notice of Bankruptcy Stay

Any party to a civil case who files a bankruptcy case shall file a written notice thereof with the Clerk of the Court within ten (10) days of the filing of the bankruptcy petition.

The written notice shall be filed under the caption and number of the civil case and have attached to it a certified copy of the bankruptcy petition or other documents evidencing the filing of the bankruptcy case, with a copy of the notice to be served on all other interested parties and the presiding judge.

If a hearing or trial is scheduled within ten (10) days of the bankruptcy case filing, in addition to the written notice required above, the filing party shall immediately give notice to all other parties and to the presiding judge.

ADMINISTRATIVE RULE NO. 5

RE: Motions to Withdraw as Attorney.

Once an attorney has appeared or entered an appearance on behalf of a party, such attorney shall not be permitted to withdraw from the case solely on the ground of nonpayment of fees.

ADMINISTRATIVE RULE NO. 6

RE: Service by Certified Mail.

Except when personal or residential service is requested pursuant to K.S.A. 60-303(c), attorneys shall prepare the envelope, including addressee and address, and provide the cost of postage, including the cost of the return receipt, to the sheriff if the attorney desires the sheriff to effect service by certified mail pursuant to K.S.A. 60-303(b). The court prefers that where service is by certified mail that the service be effected by the attorney rather than requesting that the sheriff effect service. If service is effected by the attorney pursuant to K.S.A. 60-303(b), the attorney shall file the receipt for certified mail (Postal Service Form 3800) within five (5) days of the date the attorney receives delivery of the return receipt from the postal service. The clerks of the court shall not complete or prepare any of the forms used in connection with effecting service by certified mail.

ADMINISTRATIVE RULE NO. 7

RE: Preparation of Process.

Process, including but not limited to summonses, subpoenas, writs of attachments, writs of execution and orders of garnishment, shall be prepared by the party or attorney requesting the issuance of such process by the clerk of the court.

Attached hereto is a suggested form of summons.

 

IN THE DISTRICT COURT OF ______________ COUNTY, KANSAS

CASE NO. ________

 

______________________________

______________________________
    Petitioner/Plaintiff

______________________________

______________________________
    Respondent/Defendant

A. ____Ch. 60 In KS (Personal Service)
B. ____Ch. 60 Outside KS (Personal Service)
C. ____Ch. 60 In KS (Certified Mail)
D. ____Ch. 60 Outside KS (Certified Mail)
E. ____Ch. 61 In KS (Personal Service)
F. ____Ch. 61 Outside KS (Personal Service)
G.____Ch. 61 In KS (Certified Mail)
H.____Ch. 61 Outside KS (Certified Mail)
I. ____Commissioner of Insurance
J. ____Secretary of State
K.____Other

SUMMONS

To the above-named Respondent/Defendant:

You are hereby notified that an action has been commenced against you in this court. You are required to file your answer to the petition with the court and to serve a copy upon __________________________, petitioner's/plaintiff's attorney, at ____________________;

____A. Within 20 days after service of summons upon you.
____B. Within 30 days after service of summons upon you.
____C. Within 20 days after the registered or certified mail is signed or refused by you.
____D. Within 30 days after the registered or certified mail is signed or refused by you.
____E. Prior to _______________, 19__, at _______ o'clock _.m., or be present then.
____F. Within 30 days after service of summons upon you or be present at _______
         o'clock _.m. on _____________________, 19__.
____G. Prior to ___________________, 19__, at _______ o'clock _.m., or be present
         at that time.
____H. Within 30 days after the registered or certified mail is signed or refused by you,
         or be present at ______ o'clock _.m. on ___________________, 19__.
____I. Within 40 days from the date of this summons.
____J. Within 30 days after service of summons upon the Secretary of State.
____K. Other: __________________________________________________________
                        __________________________________________________________

If you fail to do so, judgment by default may be taken against you for the relief demanded in the petition. Any related claim which you may have against the petitioner/plaintiff must be stated as a counterclaim in your answer, or you may thereafter be barred from making such claim in any other action.

         (Seal of the Court)

_____________________________
Clerk of the District Court

Dated ___________________________

BY: _____________________________
Deputy Clerk


Case No. ___________

[ ] If checked, your return is due no later than the date stated in this summons for the respondent/ defendant to either appear or plead to the petition EXCEPT:

    ____ Three (3) days before date stated in this summons (forcible detainer cases only)
    ____ Five (5) days before date stated in this summons (all other Chapter 61 cases).

RETURN ON SERVICE OF SUMMONS

I hereby certify under penalty of perjury that I have served this summons:

(1) Personal Service. By delivering a copy of such summons and a copy of the petition to each of the following defendants on the dates indicated:

(Name)______________________, (Date)__________, 20__; (Name)____________________, (Date)___________, 20__

(2) Residence Service. By leaving a copy of such summons and a copy of the petition at the usual place of residence of each of the following defendants with some person of suitable age and discretion residing therein on the dates indicated:

(Name)______________________, (Date)__________, 20__; (Name)____________________, (Date)___________, 20__

(3) Residence Service and Mailing. By leaving a copy of the summons and a copy of the petition at the usual place of residence of each of the following defendants and mailing by first-class mail on the dates indicated a notice that such copies have been so left:

(Name)______________________, (Date)__________, 20__; (Name)____________________, (Date)___________, 20__

(4) Certified Mail Service. By mailing on the ______ day of _____________________, 20__, a copy of such summons and a copy of the petition by certified mail, return receipt requested, to each of the following defendants and that the names and addresses on the envelopes containing the process mailed by certified mail, return receipt requested, were as follows: _____________________________________________________________________________

_____________________________________________________________________________

(5) Certified Mail Service Refused. By mailing on the _____ day of _______________, 20__, a copy of the summons and a copy of the petition by first-class mail, addressed to ____________________________ at ______________________.

(6) Agent Service. By delivering a copy of the summons and a copy of the petition to each of the following agents authorized by appointment or by law to receive service of process on the dates indicated:

(Name)______________________, (Date)__________, 20__; (Name)____________________, (Date)___________, 20__

(7) No Service. The following defendants were not found in this county:

_____________________________________________________________________________

Dated __________________ _______________________________

_____________________________________
(Signature and Title of Officer)

Fees: $__________________

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Page created: November 5, 1998; Updated: March 18, 2004