RULES OF COURT FOR THE SECOND JUDICIAL DISTRICT
Pottawatomie, and Wabaunsee Counties
- Cases Filed. Cases filed in the District Court of each county will be assigned for disposition or trial initially as follows:
- (a) All cases which the District Magistrate Judge has jurisdiction to hear and determine will be assigned to the District Magistrate Judge.
- (b) All other cases will be assigend to a District Judge.
- Reassigned Cases.
Cases will be reassigned for disposition or trial from the District Magistrate Judge to a District Judge as follows:
- (a) If a jury trial is demanded by a party as of right, the case will be reassigned to a District Judge or District Judge Pro Tem.
- (b): Upon motion of a party, or of the District Magistrate Judge, for good cause shown with consent of a District Judge, a case may be assigned to a District Judge for determination of the entire case.
- (c): A District Judge may direct that a case be transferred to a District Judge for determination.
- Assignment of District Magistrate Judge. The Chief District Judge may assign a District Magistrate Judge from any
county within the district to hear and determine any
case pending before a District
Magistrate Judge of any other county
of the district.
- Court Days. Court days in each county for the
District Judge will be
on file in the office of
the Clerk of the District Court.
- Hearing of Motions. Motions may be noticed for
hearing at 9:00
am of any regular
court day. All pending motions not otherwise noticed
will be set
for hearing at 9:00 am on the next regular court
day following required passage of
- Appearances of Defendants in Felony Cases. Defendant
felony cases will appear in person for arraignment at 9:00 a.m. on the
day required by law. Failure to so appear will result in bond being
forfeited and a bench warrant issued for the arrest of the Defendant
directed by the Court
- Time Court Opens. Jury trials will commence at 9:00 am,
trials to the Court will commence at 9:00 am, unless another time is
- Scheduling/Discovery Conference. To expedite
disposition of litigation and to minimize expense and conserve time, a
telephone scheduling and discovery conference will be scheduled by the
District Judge pursuant to Supreme Court Rule 136 as soon as possible after
a case is filed. This rule applies to all Chapter 60 civil matters and
such other cases that the Judge assigned to hear the case determines
may be expedited by such conference. The Court may require the parties
to make reimbursement for any telephone charges incurred by the
Court, or the Court may tax same as costs in the case.
Dispute Resolution. In all contested Chapter 60 civil
cases, including domestic cases and Chapter 61 civil cases, is, as a matter of
policy, the preferred method for resolution of such cases and may, in the direction of the assigned judge, be ordered as a prerequisite to trial.
- Pre-trial Conference. Generally, pre-trial conferences in civil cases will be set for hearing approximately four (4) months following the
scheduling conference. Should a party fail to appear, in person or by attorney,
for pre-trial conference, after notice, an ex parte hearing may be
held, appropriate orders or judgment entered, or the case may be dismissed. Counsel shall complete and file a pre-trial questionnaire prior to
the pre-trial setting forth the information necessary to allow the
pre-trial conference to be conducted in accordance with the procedural
steps outlined in Supreme Court Rule 140(g).
- Juror Questionnaires. Juror questionnaires, in the
form set forth in Supreme court Rule 167, will be mailed
to prospective jurors at the time jurors are summoned and held in a proper
file by the Clerk when returned. Except as otherwise ordered by the Court,
for good cause shown, only a Judge, attorney, or a party to litigation to
be heard by the jury will be permitted access to questionnaires returned
by jurors. Except as otherwise permitted by Court, for good cause shown,
voir dire examination of jurors, in civil cases, will not include
questions that are asked and answered on the questionnaire.
- Service of Process. From and after January 1, 2001, all service of process pursuant to K.S.A 60-303(c) SHALL be supplied
and prepared by counsel. The Clerk of the Court will issue such
process as per counsel's written request and direction. This is to include
all summons, subpoena, garnishments and attachments, income withholding
orders, executions, special executions, aid in executions, and contempt
- Use of Courtroom and Court Facilities. The use of
Courtrooms and Court facilities other than for the purposes associated
with conducting the Court's business is subject to the approval of the
- Extended Jurisdiction Juvenile Prosecution. Upon
designation as an extended jurisdiction juvenile prosecution pursuant to
K.S.A. 38-1636(f)(2), proceedings shall be transferred forthwith to the
Criminal AssignmentJudge for scheduling in due course within the adult
criminal process. The respondent shall be entitled to the full
protections of the Kansas Code of Criminal Procedure.
The Criminal Assignment Judge shall schedule pretrial and such further hearings as necessary to facilitate trial by jury and timely prosecution of the pending charges. Upon conviction, the case may, at the discretion of the District Judge who handled the criminal matter, be transferred to the Juvenile Division for imposition of sentence in compliance with K.S.A. 38-1663 and K.S.A. 38-16,126.
- Vouchers for Legal Services to Indigents. Due to local budget constraints, it is necessary to process vouchers for indigent defense services to be paid by county budget in a timely fashilon. Vouchers for such services must therefore be submitted to the office of the Clerk of the Court of the county in which such services were rendered within 90 days from the date such services were rendered. Unless excused for good cause by the Judge in the case, vouchers submitted outside that time frame will not be approved for payment by the Court.
- Conflicts of Settings Between Courts or Judges Within the District. Conflicts in settings shall be resolved with priority given to the case docketed with the earliest Register of Action (ROA) unless otherwise agreed between Counsel and the Court.
- E-mail. E-mail directed to the Clerk of the District Court shall be opened with the daily mail copied and processed in the same manner.
- Research and Advice. Court personnel are prohibited from doing research, providing legal opinions, or giving legal advice.
The above rules are
adopted for the Second Judicial District of Kansas and are effective May1, 2007. All prior rules are abolished.
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Gary L. Nafziger
Chief Judge, Second District