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The following rules are adopted by the Judges of the 6th Judicial District, pursuant to Rule 105 of the Rules of the Supreme Court of the State of Kansas. They are intended to supplement and not contravene the Rules of the Supreme Court and Kansas Statutes. The rules that follow numbered 1 through 29 are hereby adopted and effective immediately. Rules adopted in the future will bear the effective date. The rules will become effective upon the filing of the same with the Clerk of the Supreme Court.

These rules shall apply to all matters pending before any court in this district unless specifically superseded by statute.

All administrative rules of the 6th Judicial District of Kansas which are in effect immediately prior to the effective date of these rules are hereby repealed.

Any of the rules of this District may be modified by the presiding judge in any action as that judge shall deem necessary to meet emergencies or to avoid injustice or great hardship.

In these rules, wherever there is a reference to a section of the statute by number, it shall be deemed to be a reference to the Kansas Statutes Annotated or supplement or amendment thereto unless a different statute is indicated. Likewise, wherever there is a reference to a rule of the Supreme Court by number, it shall be deemed to be a reference to the Kansas Supreme Court Rules relating to District Court, as amended, unless a different rule is indicated.

Current copies of these rules will be on file in each office of the Clerk of the District Court in this District.


Notwithstanding any other provisions the individual Judges may make pursuant to their inherent powers to maintain the order and dignity of the court, the following rules of decorum for matters heard in any court of this district are hereby adopted:

Spectators will not be permitted to consume food or beverage in the courtroom. Spectators will not be permitted to read books, magazines, knit or engage in any other activity which interferes with giving attention to the court proceedings. Each individual judge may allow jurors to consume beverages while in the jury box.

No spectator, counsel or party shall carry a sign or display pins, buttons or other materials which is designed to communicate a position or message to others while a trial is proceeding.

These rules shall apply to any building occupied or used by the Court, and to the environs of any such building. It shall be in effect at all times that judges or court personnel are present, whether or not court proceedings are actively under way.

All persons seeking entry to a courtroom are subject to search by the Sheriff or other officers designated by the Sheriff or by the court. Such search may include briefcases, parcels, purses or other containers carried by persons seeking entry to a courtroom.

Attorneys or pro se litigants shall rise when addressing the court, and shall make all statements to the court from the counsel table or the lectern facing the court. They shall not approach the bench except upon the permission of the court.

While questioning witnesses, attorneys or pro se llitigants shall stand at the counsel table or at the lectern. They shall not approach the witness except with the court's permission. Only one attorney for each party may participate in the examination or cross-examination of a witness. When interrogating a witness, counsel shall not use first names, but shall always use surnames unless granted permission by the Court. The same attorney shall conduct the examination of and any objections pertaining to a witness.

When appearing in court, all attorneys shall be suitably attired.

No smoking shall be permitted within the courtroom at any time.

In keeping with the dignity and serious nature of court proceedings, proper attire is required in the courtrooms. Attorneys are responsible for ensuring that clients and witnesses comply with this dress code.


Copy Expense. The official custodian of the court records shall be authorized to charge and require advance payment of a fee for providing access to or furnishing copies of records. Executive branch agencies such as the Department of Children and Families and local government agencies may be charged for access and copies on the same basis as members of the public. Photocopies of any papers in any non-confidential file may be obtained from the clerk at a cost of twenty-five (.25) cents per page (.50 cents in Miami County) and at no cost if waived by the judge. Certification by the clerk of the clerk of such papers may be obtained at a cost of One Dollar ($1.00) for every certification. Payment shall be in cash or by check and shall not be charged to costs.

Attorneys are prohibited from utilizing copy or facsimile equipment for personal use.


Appearance and Bail Bonds, Approval of Surety. Any person proposing to write appearance and bail bonds under the authority or approval of a judge or this judicial district shall submit a written application to the Chief Judge specifying the following information: (1) the name of the applicant seeking authority; (2) the name of the company or agency, if any, under which the applicant is employed, working or doing business; (3) the applicants business mailing address and street address; (4) the applicant's business telephone number(s); and (5) the county or counties where approval is sought. Where applicable, the following additional information shall be provided: (1) name of insurance company surety; (2) State of Kansas Insurance Agent's License number; and (3) surety limits. Written applications must be delivered to the Chief Judqe between January 1 and April 1 of each year.

Individuals proposing to write bonds on behalf of insurance companies shall attach to the application a certificate of insurance and of their authority to write bonds. Insurance companies must be authorized to do business in the State of Kansas.

Individuals writing bonds other than on behalf of an insurance company shall attach to the application a verified financial statement describing the property by which such surety proposes to justify and the encumbrances thereon, the number and amount of other bonds and undertakings for bail entered into by such surety and remaining undischarged obligations exceeding the total amount approved by the Chief Judge for that county.

Certificates of insurance and financial statements shall be renewed annually on April 15 of each year.

Upon compliance with the terms and conditions set out herein, a Certificate of the authority and qualifications of the individual authorized to write bonds will be issued to the applicant and to the Sheriff, Clerk of the District Court, and County Attorney in each county where said individual is authorized to write bonds.

The discretion of the sheriff of any county of this district to accept and approve bonds pursuant to the authority of K.S.A. 22-2806, amendments thereto, and Kansas Supreme Court Rule No. 114, or other appropriate authority, shall not be affected by this Rule or any certificate issued pursuant to the terms of this Order.

Any bondsman failing to satisfy a bond forfeiture within thirty (30) days after judgment has been entered by the Court may be prohibited from writing any additional bond in the 6th Judicial District.

The Sheriff shall accord all bondsmen approved by the Chief Judge. The Chief Judge shall furnish the Clerk of the District Court, and the Sheriff, a list of approved professional bondsmen and sureties.

Nothing in this rule shall negate K.S.A. 22-2806, which provides that the appearance bond may be approved and accepted by the Clerk of the District Court

A professional surety shall not be qualified, or may be disqualified to write bail bonds, if:

  1. the amount of the surety's liabilities equal or exceed the value of the surety's assets;
  2. the surety or an agent of the surety has committed or attempted to commit an act of moral turpitude or dishonesty; or
  3. the surety or an agent of the surety has demonstrated a pattern of disruptive conduct toward the Court or its personnel.

On the motion of the County Attorney or on the Court's own motion, any professional surety previously qualified to write bail bonds shall be required to show cause why such surety and/or its agent should not be disqualified from writing bail bonds. Nothing in this rule shall prevent any Judge from declining to approve any bondsman or bond written by a bondsman approved to do business within this District.

Cash Bond. Cash bonds from persons against whom charges have not yet been filed will not be accepted by the court from any person, including the Sheriff, unless the information on the attached form (Appendix A) has been furnished to the court.

If charges have not been filed against the person or persons for whom the cash bond was posted within ninety (90) days from the date said cash bond was posted, it shall be returned to the owner of the cash bond at the address furnished to the court.

It is the responsibility of the person posting the cash bond to inform the court of any change in his or her address or residence. The court will attempt to return the cash bond to the address furnished to the court. If the court is unable to do so because the address has changed, or the cash bond cannot be delivered by U.S. Mail, the cash bond will be paid over to the unclaimed property fund maintained by the Kansas State Treasurer.

Any person who posts a cash bond for another is hereby notified that the same may be applied to restitution, unpaid judgment, court appointed attorney fees, court costs and any other costs the court has or may assess against the person for whom the cash bond is posted. All persons posting cash bonds for others shall be so notified but proof of said notice is not necessary to apply the cash bond to these costs.


In accordance with Rule 1001{e)(11) as promulgated by the Supreme Court of the State of Kansas pertaining to Media Coverage of Judicial Proceedings, the Clerk of the District Court is designated as Media Coordinator for the 6th Judicial District.


The District Judge of Division One (1) shall maintain his or her chambers in Paola. The District Judge of Division Two (2) shall maintain his or her chambers in Mound City and the District Judge of Division Three (3) shall maintain his or her chambers in Fort Scott. The District Judge of Division Four (4) shall maintain his or her chambers in Paola.

The resident District Judge of each county shall be responsible for all the assignments and hearing of all cases within that county, subject to approval of the Chief Judge. The Chief Judge will maintain ultimate authority to assign and hear cases as provided in Supreme Court Rule 107.


Consolidation. Cases appropriate for consolidation other than protection actions and corresponding paternity/divorce actions shall be consolidated into the lowest number case unless otherwise ordered by the Chief Judge. When a case with a higher number is consolidated with a case having a lower number, the judge assigned to the case with the higher number shall order the consolidation after conferring with the judge with the lower number case, if such case is in another division.

In the event consolidation of a protective action and a corresponding paternity/ divorce action is deemed appropriate, the protective action shall be merged into the paternity/divorce action, without regard to which action bears the higher case number.

When cases are filed under two different Chapters {60-61-59-38) the judge shall notify in writing the judge succeeding to the case.

Any case dismissed and re-filed shall be transferred to the same division to which it was previously assigned. (See Supreme Court Rule 107 and K.S.A. 60-242(a).)

Dismissal for lack of prosecution: Periodically at such times as the assigned judge may deem appropriate, or at the suggestion of the Clerk, the judge may notify counsel of cases subject to dismissal for want of prosecution. Notification will consist of a notice of intent to dismiss for lack of prosecution. Upon dismissal~ a notice of final action will bee-mailed, mailed, or deposited in counsel's box.


Motions. All motions, unless made during a hearing or at trial, shall be in writing and shall be filed with the clerk. An original shall be filed and shall be accompanied by or contain a brief or memorandum suggesting the reasons and authorities in support.

A party opposing a motion other than one to dismiss, one for summary judgment, or post judgment relief under Chapter 60, Article 16 shall, within fourteen (14) days after service ofthe motion upon it, file an original with the clerk and serve upon all other parties a written response to the motion containing a short, concise statement of his opposition to the motion, and if appropriate, a brief or memorandum in support thereof. A party shall have twenty-one (21) days to respond to a motion to dismiss or for summary judgment. The party may, within fourteen (14) days after theparties a copy of a written reply memorandum. No other replies will be allowed. Any such motion, not responded to may be granted sua sponte.

Hearings. No contested hearing shall be scheduled on any regular docket without the specific approval of the Judge who has been assigned to hear that particular case. If oral argument or a fact hearing is allowed by the Court, after request by counsel, the Court will set the matter specially for hearing. At any time after the expiration of the initial response time to a motion when no request for a hearing or oral argument has been granted, the motion shall be deemed finally submitted for decision.

Exceptions. The exceptions to the above are as follows:

  1. Initial applications to the court for additional time to plead which do not request extensions in excess of thirty (30} days will be ruled on instantly without supporting memoranda and without awaiting responses from adverse parties.
  2. Motions which show on their face factual authorities sufficient to support the relief requested do not require additional memoranda. (Motions and supporting memoranda may be combined and where combined should be so labeled.)
  3. Motions accompanied by an agreed order will be ruled on without further supporting or responsive memoranda.
  4. Preliminary domestic motions may be supported and opposed by affidavits in lieu of or in addition to other memoranda.
  5. Contested motions for change of an ex-parte temporary custody order.

Chambers Copies. A copy of every civil brief, motion and response and reply filed with the clerk must be simultaneously emailed, mailed or delivered to chambers of the judge assigned to hear the case.

Time Computations. The provisions of K.S.A. 60-206 shall govern the computation of the time periods set forth in this rule.

General. Any motion may be dismissed by the Court for failure to comply with the requirements of this rule.


A motion to reconsider is in substance, if not form, a motion to alter or amend under K.S.A. 60-259(f) and will be addressed accordingly.


All pleadings and other documents requested to be filed with the Court shall comply with the requirements of Kansas Supreme Court Rule 111 et seq.

All pleadings and other documents requested to be filed with the Court shall have one inch margins.

Effective June 6, 2016, all pleadings and other documents requested to be filed with the Court shall be electronically filed and shall comply with the requirements of Kansas Supreme Court Rule 122.


General. A Judge of the District Court may order that any monies in actions pending before the Court be invested in any local financial institution for safe keeping. As an alternative to investing said funds, a Judge may also order that any such funds be held by the Clerk of the District Court in existing accounts.

If the funds are to be invested, the Court order for investment may specify that the attorney holding the monies shall be responsible for opening an interest bearing account in such financial institution for deposit of said funds prior to determination of ownership by the Court. Proof of such investment must be placed in and become a part of the court record and be retained by the Clerk of the District Court.

Upon final determination by the Court as to the ownership of such funds, an order must be drawn directing the attorney who made the original investment to pay out all proceeds to the designated parties. Interest received from any investment of funds shall become the property of the person or persons found to be the owners of the monies by the Court unless otherwise ordered.

Endorsement without Recourse. When payment for temporary orders or judgments are made by check and received by the district court clerk's office, the clerk is authorized to endorse the check to the proper person "without recourse".


Depositions. Counsel are expected to cooperate with, and be courteous to each other and deponents. Counsel are further expected to cooperate in selecting the least expensive and least disruptive manner of conducting the deposition. Counsel should consider such cost saving methods as telephone depositions, and sharing of expenses in bringing an out-of-state witness to Kansas for the deposition rather than all counsel traveling to the out-of-state location.

Unless contrary to, or inconsistent with an order of the Court, the parties (and, when appropriate, a non-party witness) may stipulate in any suitable writing to alter, amend, or modify any practice relating to noticing, conducting, or filing a deposition. Stipulations for the extension of discovery deadlines set by the Court shall be set forth in an agreed order to be approved by the Court.

Absent extraordinary circumstances, counsel shall consult in advance with opposing counsel and proposed deponents in an effort to schedule depositions at mutually convenient times and places. (Reasonable notice for the taking of depositions shall be ten (10) days.) Depositions shall be scheduled to conform to normal business hours of 9:00a.m. to 5:00 p.m. Monday through Friday unless otherwise mutually agreed by all counsel and the witness. The most convenient location for a party's deposition shall be presumed to be in the office of that party's counsel. Except for the principal plaintiff, defendant or key experts, the fact that some counsel may be unavailable shall not, in view of the number of attorneys involved in the litigation, be grounds for postponing a deposition if another attorney from the same firm is able to attend. (Unless by agreement of counsel or leave of court is first obtained, at least ten (10) days notice of any deposition shall be given.)

Unless otherwise mutually agreed by the parties, or ordered under K.S.A. 60-226(cL depositions may be attended by counsel of record, members and employees of their firms, attorneys specially engaged by a party for purpose of the deposition, the parties or the representative of a party, and counsel for the deponent. While a deponent is being examined about any stamped confidential document, or the confidential information contained therein, persons to whom disclosure is not authorized under the Confidentiality Order shall be excluded.

The only objections that should be raised at the deposition are those required to be made under K.S.A. 60-232(d)(3) in order to preserve the objection or to preserve a privilege, judicial limitations, or opportunity to seek court protection.

Objections on other grounds are unnecessary and should generally be avoided. Relevance and materiality are not appropriate grounds for objection. All objections should be concise, stating the basis of the objection and nothing more than is necessary to preserve the objection and must not suggest answers to (or otherwise coach) the deponent. Argumentative interruptions will not be permitted.

Directions to the deponent not to answer are improper except on the ground of privilege to enforce a judicial limitation or to enable a party or deponent to present a motion to the Court for termination of the deposition on the ground that it is being conducted in bad faith, or in such a manner as unreasonably to annoy, embarrass, or oppress the party or the deponent. When a privilege is claimed, the witness should nevertheless answer questions relevant to the existence, extent, or waiver of the privilege, such as the date of a communication, who made the statement, to whom the contents of the statement have been disclosed, and the general subject matter of the statement.

Private conferences between deponents and their attorneys during the actual taking of the deposition are improper except for the purpose of determining whether a privilege should be asserted. Unless prohibited by the Court for good cause shown, such conferences may, however, be held during normal recesses and adjournments.

PRODUCTION OF DOCUMENTS: Witnesses subpoenaed to produce numerous documents must be served at least thirty (30) days before the scheduled deposition unless the witness agrees to a shorter time period. Depending upon the quantity of documents to be produced, some time may be needed for inspection of the documents before the interrogation commences.

CONFIDENTIALITY ORDER: A copy of any Confidentiality Order shall be proved to the deponent before the deposition commences if the deponent is to produce or may be asked about documents which may contain confidential information.

DEPOSITIONS OF WITNESSES WHO HAVE NO KNOWLEDGE OF THE FACTS: An officer, director or managing agent of a corporation, partnership, association, other organization or a government entity serviced with a notice of a deposition or subpoena regarding a matter about which such person has no knowledge, may submit to the noticing party, a reasonable time before the date noticed, an affidavit so stating and identifying a person within the corporation or government entity believed to have such knowledge. Notwithstanding such an affidavit, the noticing party may proceed with the deposition, subject to the right of the witness to seek a protective order. A public or private corporation, partnership, association, other organization or governmental entity, noticed as the deponent under K.S.A. 60-230(b)(6) shall designate the person to be deposed as the representative of the entity who has the most knowledge regarding the subject matter on which the examination is requested.

EXPERT WITNESSES: Leave of the court is not necessary in order to depose expert witnesses in addition to, or in lieu of, discovery through interrogatories. Objection to such depositions may be made by motion. Experts shall, upon written request without the necessity of a subpoena, bring to the deposition, the expert's written report, complete file, documents or other materials reviewed and billing records regarding the compensation to be paid for the study and testimony.

VIDEOTAPED DEPOSITIONS: By indicating in its notice of a deposition that it will record the deposition by videotape, a party shall be entitled to videotape the deposition pursuant to the following terms and conditions. The videotaped deposition shall be simultaneously recorded stenographically by a qualified court reporter. The court reporter shall, on camera, administer the oath or affirmation to the deponents. The written transcript by the court reporter shall constitute the official record of the deposition for purposes of K.S.A. 60-230{e) (submission of witness) and K.S.A. 60-230{f) (filing; exhibits). The requesting party shall bear the expense of the videotaping. Any party may at its own expense obtain a copy of the videotape and the stenographic transcript. Requests for taxation of these costs and expenses may be made at the conclusion of the litigation in accordance with applicable law. The operator(s) of the videotape recording equipment shall be subject to the provision of K.S.A. 60-2288 unless otherwise agreed by the parties. At the commencement of the deposition, the court reporter shall swear or affirm to record the proceedings fairly and accurately. Each witness, attorney, and other person attending the deposition shall be identified on camera at the commencement of the deposition. Thereafter, only the deponent (and demonstrative materials used during the deposition) will be videotaped. The deposition will be conducted in a manner to replicate, to the extent easible, the presentation of evidence at a trial. Unless physically incapacitated, the deponent shall be seated at a table or in a witness box except when reviewing or presenting demonstrative materials for which a change in position is needed. To the extent practicable, the deposition will be conducted in a neutral setting, against a solid background, with only such lighting as is required for accurate video recording. Lighting, camera angle, lens setting, and field of view will be changed only as necessary to record accurately the natural body movements of the deponent or to portray exhibits and materials used during the deposition. Sound levels will be altered only as necessary to record satisfactorily the voices of counsel and the deponent. Eating and smoking by deponents or counsel during the deposition will not be permitted.

The videotape shall run continuously throughout the active conduct of the deposition. Videotape recording will be suspended during all off the record discussions.

Re-reading of questions or answers, when needed, will be done on camera by the stenographic court reporter.

The party requesting the videotape deposition shall preserve custody of the original videotape in its original condition until further order of the court. No part of a videotaped deposition shall be released or made available to any member of the public unless authorized by the Court.

Requests for pretrial rulings on the admissibility of evidence obtained during a videotaped deposition shall be accompanied by appropriate pages of the written transcript. If the objection involves matter peculiar to the videotaping, a copy of the videotape and equipment for viewing the tape shall also be provided to the Court.

A party desiring to offer a videotaped deposition at trial shall be responsible for having available appropriate playback equipment and a trained operator. After the designation by the parties of the portions of a videotape to be used at trial, an edited copy of the tape, purged of unnecessary portions (and any portions to which objections have been sustained), shall be prepared by the offering party to facilitate continuous playback, but a copy of the edited tape shall be made available to other parties at least ten (10} days before it is used, and the unedited original of the tape shall also be available at the trial.

The parties and deponents are authorized and encouraged to waive transcription and filing of depositions that prove to be of little or no usefulness in the litigation or to agree to defer transcription and filing until the need for using the deposition arises.

DISPUTES DURING DEPOSITIONS: Disputes arising during depositions that cannot be resolved by agreement and that, if not immediately resolved, will significantly disrupt the discovery schedule or require a rescheduling of the deposition, may be presented bytelephone to the Court. The presentation of the issue and Court's ruling will be recorded as part of the deposition by the court reporter taking the deposition.

INTERROGATORIES: Except by order of the Court, a party shall, without the receipt of formal discovery requests, provide to the other parties answers to standard interrogatories and responses to standard requests for production of documents properly requested by the other parties. The responding party shall print copies of the interrogatory questions and requests for production with the respective answers and responses and serve the questions, answers, requests and responses on all parties of record. No more than thirty (30) questions, including sub parts, and thirty (30) requests for production, may be requested without leave of Court. The responding party shall have thirty (30) days from the date the letter is served in which to provide the information equested. Additional interrogatories, including case specific interrogatories, or requests for production of documents, other than those contained in this rule, may be served when appropriate.

With respect to the information that falls within the scope of the preceding section, the Court will strictly enforce these written requests for information and willnot entertain objections to the production of non-privileged information sought unless it falls within the scope of K.S.A. 60-226(c). Extensions of time in which to provide this information will be granted only in extreme cases where substantial hardship exists. Failure to timely provide the information required may result in the imposition of sanctions without the necessity of a motion to compel.



The following rules apply to all Chapter 60 civil actions except by order of the Court upon motion. The Court upon motion may order that these rules may be supplemented in complex civil cases, cases involving a large number of legal issues or parties, cases in which geographic considerations may delay the discovery process or any other case which the Court finds in its discretion would not be susceptible to proper management under these rules.

CASE MANAGEMENT AND SCHEDULING: A case management conference will be held in every contested civil case with the exception of domestic relations cases. A case management checklist shall be completed by counsel of record and those parties representing themselves prior to the conference. The case management checklist shall be filed with the court and copies provided to all opposing counsel no later than three (3) days before the case management conference (See appendix B for Case Management Checklist). In addition thereto counsel for all parties shall confer in an attempt to arrive at an agreed case management order. The order shall schedule all discovery for completion. Counsel shall schedule a conference call with the Judge of the division in which the case is pending to obtain a date for a case management conference. With approval of the Court the case management conference may be conducted by telephone. The case management/scheduling order shall then be filed within ten (10} days of the conference. Counsel shall exercise reasonable efforts in attempting to agree upon a scheduling order. Failure or refusal to confer may result in the issuance of sanctions.

DUTY TO CONFER ON DISCOVERY DISPUTES: Except as otherwise ordered, the Court will not entertain any motion under K.S.A. 60-237 unless counsel for the moving party has conferred with or has made a good faith effort to confer with opposing counsel concerning the matter in dispute prior to the filing of the motion. Counsel for the moving party shall submit a certificate of compliance with this rule with any motion filed under K.S.A. 60-237. All motions filed under K.S.A. 60-237 shall be filed and served within thirty (30) days of the default or the service of the response, answer, or objection which is the subject of the motion, unless the time for the filing of such motion is extended for good cause shown, or the objection to the default, response, answer or objection shall be waived.

COMPARATIVE NEGLIGENCE ACTIONS: With respect to comparative negligence actions, if any party is claiming the fault of another individual or entity to be compared, then, if requested, an identification of such person or entity shall be made no less than thirty (30} days before the close of non-expert discovery. If no such identification is timely made, the fault of such persons or entities will not be allowed except upon motion and order of the court finding good cause as to why the identification could not have been timely. In the event this identification designates persons or entities not already investigated through discovery the court shall allow any other parties additional time in which to complete necessary discovery with respect to such individuals or entities. Nothing in this provision shall prevent any party from seeking leave of court for an earlier identification if the interests of justice so require.

PRETRIAL CONFERENCE PROCEDURE: A pretrial questionnaire from each party in the form pre-approved by the Court shall be exchanged among the parties and furnished to the Court at least seven (7) working days prior to the pretrial conference (See Appendix C for form). Failure to timely exchange pretrial questionnaires and submit them to the Court may result in the imposition of sanctions. Likewise, if a party fails to appear in person or by counsel at a pretrial conference, after notice, an ex parte hearing may be held and appropriate judgment entered. Chambers copies of all pretrial questionnaires shall be provided within the time limitations set forth above.

The parties are encouraged to agree and resolve as many issues as possible and submit an agreed upon Pretrial Order. If issues remain in dispute they shall be set out in the Pretrial Questionnaire and will be resolved at the pretrial conference. Ordinarily discovery shall have been completed at the time of hearing. If additional witnesses or evidence are discovered after the Pretrial Conference, the discovering party shall immediately make this known to all parties and to the court in writing. Parties are not necessarily required to attend the pretrial hearing unless ordered to do so by the court. The pretrial hearing must be held at least thirty (30) days prior to trial. Objections to the Pretrial Order must be made in writing and forwarded to the court within five (5) days of the hearing.

The pretrial conference shall be conducted substantially in conformity with the following procedural steps:

  1. The parties shall state concisely their factual contentions and the theories supporting their claims, defense, and claims for relief.
  2. The parties shall state their understanding as to the issues of law.
  3. The parties will inform the court as to any proposed amendments to the pleadings. The court may rule upon any proposed amendments.
  4. Court and counsel will confer as to matters not disputed and requests will be made for admissions and stipulations.
  5. Pending motions shall be enumerated and anticipated motions shall be stated.
  6. Limitations, identification and number of experts and other witnesses shall be discussed. Supreme Court Rule 140(g)(S) requires counsel both to name witnesses, and to state the essence of their testimony, especially if those witnesses have not been deposed. Ordinarily, only witnesses listed pursuant to the pretrial order may be called to give testimony at trial. However, the court may, in its discretion, permit a party to call a witness not listed by that party or any party under such circumstances as the court deems just.
  7. Exhibits intended to be offered at trial will be identified. It is not necessary that the exhibits be displayed at the pretrial conference, however, if an exhibit was not disclosed at pretrial, and listed in the order, the court may refuse its admission.
  8. A determination as to whether the case is for trial to the court or to a jury shall be made. If the trial is to be to a jury a stipulation as to the number of jurors will be entered.
  9. The position of the parties relative to settlement shall be considered and the possibility of settlement explored, including the feasibility of a settlement conference, summary trial, mediation, arbitration, or other alternative methods of dispute resolution.

The pretrial order, when approved by the court and filed with the clerk, will control the subsequent course of the action unless modified by consent of the parties and the court, or by an order of the court to prevent manifest injustice.

PUNITIVE DAMAGES REQUESTED: K.S.A. 60-3703 requires that any motion seeking punitive damages be filed on or before the date of the pretrial conference.

SANCTIONS: Should counsel or a pro-se litigant fail to appear at the pretrial conference, is substantially unprepared, or fails to comply in good faith with the provisions of this ule, the court may, in its discretion impose any of the following sanctions:

  1. Refuse to allow support or opposition of claims and defenses
  2. Prohibit the introduction of evidence by that party
  3. Strike pleadings or parts of pleadings
  4. Dismiss the action or any part of the same; and/or
  5. Render default judgment, judgment or dismissal.
  6. Any other sanctions permitted by law.

SUBPOENA OF BUSINESS RECORDS: A party serving a business records subpoena pursuant to the provisions of K.S.A. 60-245a shall serve notice of the service of the subpoena on all of the other parties to the action. The subpoena shall clearly reflect that the records produced in compliance with the subpoena shall be sent to the Clerk of the District Court. If an objection is filed, the clerk shall not release any records submitted until urther order of the court. In the event the non-party witness sends the documents requested to counsel rather than to the clerk, it shall be the duty of counsel to immediately forward the original documents to the clerk. Copies will be made by or under the supervision of the Court Clerk.


Unless otherwise ordered, the court will not entertain any motion to quash or modify a subpoena, any motion to order appearance or production only upon special conditions, or any motion under K.S.A. 60-226 or 237, unless counsel for the moving party has at least informally conferred or has made good faith effort to confer with opposing counsel concerning the matter in dispute prior to the filing of the motion. Counsel for the moving party shall file a certificate of compliance with this rule as a part of the motion describing the steps taken by all counsel to resolve the issues in dispute.

With respect to motions to modify domestic custody or placement, the duty to confer is specialized as detailed in Local Rule 21.

Required Contents of Motion. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the opposing party or counsel, as the case may be, in an effort to reach agreement without court action and must describe the steps taken by all attorneys or unrepresented parties to resolve the issues in dispute.

Unless otherwise ordered, the court will not entertain any motion to modify custody or residency unless counsel for the moving party has a least informally conferred or has made good faith reasonable effort to confer with the opposing party or opposing counsel concerning the matter in dispute prior to the filing of the motion. Counsel for the moving party or the self-represented litigant shall file a notice of compliance with this rule as part of the motion describing the steps taken to resolve the issues in dispute.

Good Faith Reasonable Effort Defined.A "good faith reasonable effort to confer" means more than mailing or faxing a letter to the opposing party or sending a text or email message or leaving a voice mail message. It requires the parties in good faith converse, confer, compare views, consult and deliberate, or in good faith attempt to do so.

Exceptions to the Rule. A party may be excused from the provisions of this rule where and emergency exists such that the health, safety and/or welfare of a child is in immediate jeopardy, provided that the motion sets out in detail sufficient facts to the court to determine the nature and extent ofthe claimed emergency.

The certification should be in substantial conformity with the form provided below: (please see full document for form)


At the case management conference, or thereafter, the Court may limit the number of expert witnesses to be called by each party to avoid repetition and unnecessary expense. As set forth in these rules the Court shall determine the time that identification of experts will be made by the parties.

At the time of nomination the parties shall comply with the provisions of K.S.A. 60-226(b)(6) with respect to the disclosure of expert testimony. A written report signed by the witness shall be furnished to all parties of record which shall contain a complete statement of all opinions to be expressed and the basis and reasons therefore. The disclosure shall include a current curriculum vitae setting out the qualifications of the expert and identifying all published and unpublished writings of the expert pertaining to the expert's opinions in the case. The disclosure shall also identify all other data, writings or exhibits upon which the expert relies upon to support his or her opinions in the case. Published writings may be identified by citation. Copies of the expert's unpublished writings shall be furnished with the report.

At the status conference, or thereafter, the Court may explore with counsel the possibility of using alternative means of discovery of the opinions of expert witnesses, however, the parties shall retain the right to depose opposing experts.

Treating physicians may be identified as experts without the necessity of a full disclosure as set forth in this rule. However, if counsel anticipated using them for opinions other than uncontested causation, the nature and extent of the injury, and the reasonableness and necessity of medical treatment and expenses, then full disclosure as an expert shall be made. Lawyers have a right to interview a treating physician after the physician-patient privilege is waived by the filing of a lawsuit, provided the physician is supplied with a written consent waiving the privilege by the person holding the privilege or by order of the Court. A treating physician may be interviewed outside the presence of parties or other counsel, provided the treating physician consents to the interview.

In any case in which the condition of a patient, as defined by K.S.A. 60-427(a)(1), is an element or factor of the claim or defense asserted by or on behalf of the patient, the attorneys representing the parties may interview any treating health care provider, as defined by K.S.A. 40-3401, or their employees without leave of the court.

Lawyers may not interview any opposing expert witness who has been retained or specially employed by another party in anticipation of litigation or preparation for trial without either consent of counsel or order of the Court.


Upon its own motion or upon the motion of a party to a civil action, the court may require the parties, their representatives and attorneys to appear for a settlement conference. The purpose of such a conference will be to explore the possibilities for settling the action and to propose suggestions to assist the parties in negotiation. The attorneys will initiate the scheduling of the settlement conference, which may be set in a court other than that to which a case is assigned or with a private mediator. Reasonable notice of the setting of the settlement conference shall be given to all parties at least five (5) days in advance of the conference. Each attorney shall be prepared to discuss the current position of his or her client with respect to settlement negotiations. No party shall be prejudiced at the trial of the action if settlement negotiations fail. Unless otherwise ordered the pretrial order shall be filed prior to the settlement conference.


The petitioner in every eminent domain proceeding shall file an original and one copy of the petition. Petitioner shall also file a scale drawing or plat of the tract or tracts sought to be taken, which plat shall become a permanent part of the record in such proceedings. The original petition and the plat shall not be loaned out by the Clerk while the matter is pending; but the copy of the petition may be checked out pursuant to court rule.

Promptly upon the expiration of time to appear, counsel for petitioner shall prepare an order for the distribution of funds for each tract upon which no appeal has been taken.


General. Unless otherwise ordered by the Judge, any request for jury instructions and verdict forms, shall be presented to the Court in the format prescribed and served upon each adverse party no later than one (1) week prior to the commencement of trial. At the discretion of the judge assigned to the case counsel may be required to submit agreed instructions and verdict forms. Any proposed instructions that remain in dispute shall be ruled upon by the court. However, the Court may receive additional requests relating to questions arising during the trial at any time prior to the giving of final instructions. Pattern jury instructions may be requested by title and number. Requested instructions altering pattern jury instructions shall show the

JURY QUESTIONNAIRES: Jury Questionnaires will be available to counsel prior to trial dates. Requests for questionnaires should be made to the clerk. Questions asked and answered on the juror questionnaire shall not be repeated in voir dire examination.


In all cases resulting in judicial sale it shall be the responsibility of the party granted said sale to prepare the Motion and Order Confirming Sale, Sheriff's return and/or certificate of purchase and the Sheriff's Deed. Further, it shall be the duty of said party to prepare and provide any other document which the clerk reasonably requests to effect conclusion of the case such as Order to Pay Out and the like.


All attorneys and prose litigants shall comply with Kansas Supreme Court Rule 161 (Courtroom Decorum).

All attorneys and pro se litigants shall comply with the Kansas Rules of Professional Conduct as adopted by Kansas Supreme Court Rules 226 et seq.

All attorneys and prose litigants shall maintain a courteous tone in Court, in correspondence, in pleadings and in any other legal communications.

All attorneys and prose litigants shall seek agreement on deposition dates and court appearances rather than merely serving notice, shall not engage in intentionally discourteous behavior, shall not intentionally embarrass each other, shall not seek sanctions unless fully justified by the circumstances, shall not intentionally mislead or deceive each other, shall honor promises and commitments made and shall express professional courtesy to the Court and have the right to expect professional courtesy from the Court.


All motions for an extension of time to perform an act required or allowed to be done within a specified time shall show: (1) when there was a prior consultation with opposing ounsel, which is required, and the views of opposing counsel; (2) the date when the act was first due; (3) if prior extensions have been granted, the number of extensions granted and the date of expiration of the last extension; (4) the cause for the requested extension. Extensions will not be granted unless the motion is made before the expiration of the specified time, except upon a showing of excusable neglect; and if for extension of discovery, compliance with K.S.A. 60-216(b). Stipulations for extensions of time are subject to the approval of the court.

Motions to continue a pretrial conference, a hearing on a motion, or the trial of an action must be filed with the clerk reasonably in advance of the hearing date and shall reflect the views of opposing counsel. Continuances may not be granted upon stipulation of counsel without court approval or prior knowledge.


Captions in Divorce Cases. The caption in divorce cases shall have both the petitioner's and respondent's full name pursuant to K.S.A. 60-210. Filings will not be accepted if legal names are not in the caption.

Ex Parte Orders. In domestic cases, motions for ex parte orders pursuant to K.S.A. 23-2707 shall be presented upon verified motion or application. Ex parte orders shall not be sought when the adverse party has counsel of record or is formally acting pro-se. Ex parte restraining orders shall be mutual to both parties concerning financial and personal matters. If an interlocutory order for legal custody, residency, or parenting time is sought, the party seeking the order shall file a proposed temporary parenting plan at the time the order is sought. The plan shall be served with any temporary orders. A temporary parenting plan is defined to mean an agreement or order issued defining the legal custody, residency, and parenting time to be exercised by parents with regard to a child between the time of filing of a matter in which a parenting plan may be entered, and any other provisions regarding the child's care which may be in the best interest of the child, until a final order is issued. A temporary parenting plan shall include, but not be limited to, the following provisions:

    Designation of the temporary legal custody of the child;

    Designation of a temporary residence for the child;

    Allocation of parental rights and responsibilities regarding matters pertaining to the child's health, education, and welfare; and

    A schedule for the child's time with each parent, when appropriate.

If the court is asked to issue an ex parte order modifying a final custody or residential placement order based on emergency circumstances, court and counsel shall attempt to have the non-moving party's counsel, if any, present before taking up the matter and shall set the matter for review hearing at the earliest possible court setting after issuance of the ex parte order, but in no case later than fifteen (15) days after issuance, and require personal service of the order and notice of review hearing on the nonmoving party.

Supporting Documents Required for Interlocutory Orders. All motions for temporary and permanent child support shall be accompanied by an Affidavit according to Supreme Court Rule 139 and Child Support Worksheet according to Supreme Court Administrative Order 107.

Any party requesting an ex parte interlocutory order affording extraordinary relief such as sole custody or supervised parental access may be required to present testimony to the Court. In any event counsel making such a request shall have their client present at the courthouse when the proposed order is presented to the Judge.

Temporary Maintenance. The court's approach to temporary maintenance is to allocate from the parties' joint net income amounts for their rent or house payments, assign responsibility for payments to creditors, provide for child support to the residential parent, then equally divide the funds available. These calculations require use of the otal net income of both parties and can be made on Worksheet T. See Appendix D.

Health insurance for the parties only should be provided, either as a deduction-from gross income or assigned as a monthly payment. Usually, it is best to keep existing health insurance in place. If the cost of health insurance is paid through a payroll deduction, use the payor's net income after the deduction.

Frequently, due to the amount of debt and the increased expenses of dividing the household, there will not be sufficient funds to pay for separate shelter for each party and to pay all creditors. In those cases, payments on some debts must be delayed and/or the parties must temporarily arrange to live with friends or relatives. Generally, the court will attempt to allow a minimum of $400 per month to each party for personal discretionary spending over the amounts allocated for shelter, child support and assigned debts.

The temporary maintenance orders are entered for the purposes of providing for the parties' needs for several weeks during the pendency of the proceeding. The purpose of temporary maintenance is different than the factors which support an award of permanent maintenance and therefore the amounts will usually be different.

When calculating temporary maintenance with the use of Worksheet T, the parents' total child support obligation entered on line 3 of Worksheet T shall be the amount as determined on line 6 of the Kansas Child Support Worksheet. However, when calculating the parents' total child support obligation on the Child Support Worksheet, no adjustments to the Domestic Gross Income shall be made for temporary maintenance paid or temporary maintenance received on lines C3 and C4 of the Child Support Worksheet, as the parties' income has already been equalized on Worksheet T. Additionally, no income should be imputed to a party in the preparation of a Worksheet. See Appendix D.

Modification of Ex Parte Orders. Requests to vacate or modify ex parte orders obtained under this rule shall be made by written motion and shall comply with Supreme Court Rule 139. If any motion is filed to modify an interlocutory order for legal custody, residency, or parenting time, or is filed in opposition to a request for the issuance of ex parte orders, that party shall attach to such motion, or opposition, a proposed alternative parenting plan during the pendency of the action.

Documents Required. In all domestic actions, counsel or pro se litigants shall bring to the final hearing /have previously filed (1) a proposed form of divorce decree if the case is uncontested; (2) a domestic relations affidavit; (3) if children are involved, a completed Child Support Worksheet required by Supreme Court Administrative Order 107, and a proposed or agreed upon PARENTING PLAN the requirements of which are set forth below, and (4) the State of Kansas Department of Health and Environment Vital Statistic form. The journal entry will not be filed by the Court until all of these documents are furnished.

Parenting Plans. If both parents have submitted an agreed upon parenting plan, that plan will be presumed to be in the best interests of the child. This presumption may be overcome and the court may make a different order if the court makes specific findings of fact stating why the agreed parenting plan is not in the child's best interests. If the parties are not in agreement on the parenting plan, each party must submit a proposed parenting plan for the court's consideration prior to the final hearing. The development of the PARENTING PLAN will be an issue for the parties to address through mediation.

A PERMANENT PARENTING PLAN is defined to mean an agreement between the parents which is incorporated into an order at a final hearing or an order or decree issued at a final hearing without agreement that establishes legal custody, residency, parenting time, and other matters regarding a child custody arrangement in a matter in which a parenting plan may be entered. The objectives of a parenting plan include the following: to establish a proper allocation of parental rights and responsibilities, to establish an appropriate working relationship between parents regarding the child, to provide for the child's physical care, to set forth an appropriate schedule of parenting time, to maintain the child's emotional stability, to provide for the child's changing needs as the child grows and matures in a way that minimizes the need for parental conflict, to encourage parents to meet their responsibilities through permanent parenting plan agreements rather than relying on judicial intervention, and to otherwise protect the best interests of the child.

The court will develop a permanent parenting plan when the parent or parents are unable to develop a parenting plan. All permanent parenting plans must set forth the following minimum provisions:

    Designation of the legal custodial relationship of the child; and

    A schedule for the child's time with each parent, when appropriate; and a provision for a procedure by which disputes between parents may be resolved without court intervention.

A detailed permanent parenting plan shall include the above items and may also include the following types of provisions:

    Residential schedule, and holiday, birthday, and vacation planning;

    Weekends, including holidays and school in service days preceding or following weekends;

    Allocation of parental rights and responsibilities regarding matters pertaining to the child's health, education, and welfare;

    Sharing of, and access to, information regarding the child;

    Relocation of parents;

    Telephone access;

    Transportation; and

    Methods of resolving disputes.

The Clerk of the District Court may supply forms and information prescribed by the Supreme Court of the State of Kansas, which may be used for submission of temporary and permanent parenting plans.

Motions to modify final orders of child custody or residential placement. Motions to so modify must strictly comply with the requirements of K.S.A. 23-3219. Any such motions must include with specificity all known factual allegations which constitute the basis for requesting the change. If the court finds that the allegations set forth in the motion or the accompanying affidavit fail to establish a prima facia case, the motion may be denied without hearing. If the court finds that the motion establishes a prima facia case, the matter may be tried on the issues.

Required Contents of Motion. Required Contents of Motion. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the opposing party or counsel, as the case may be, in an effort to reach agreement without court action and must describe the steps taken by all attorneys or unrepresented parties to resolve the issues in dispute.

Unless otherwise ordered, the court will not entertain any motion to modify custody or residency unless counsel for the moving party has a least informally conferred or has made good faith reasonable effort to confer with the opposing party or opposing counsel concerning the matter in dispute prior to the filing of the motion. Counsel for the moving party or the self-represented litigant shall file a certificate of compliance with this rule as part of the motion describing the steps taken to resolve the issues in dispute.

Good Faith Reasonable Effort Defined. A "good faith reasonable effort to confer" means more than mailing or faxing a letter to the opposing party or sending a text or email message or leaving a voice mail message. It requires the parties in good faith converse, confer, compare views, consult and deliberate, or in good faith attempt to do so.

Exceptions to the Rule. A party may be excused for the provisions of this rule where an emergency exists such that the health, safety and/or welfare of a child is in immediate jeopardy, provided that the motion sets out in detail sufficient facts to all the court to determine the nature and extent of the claimed emergency.

The certification should be in substantial conformity with the form provided below: (please see full pdf )

The court may require a pre-hearing conference on any contested matter. lfthe court schedules a pre-hearing conference the parties shall complete the pertinent provisions of a domestic relations pretrial questionnaire and provide the court and opposing counsel copies no less than seven (7) days in advance of the pre-hearing conference. A copy of the required questionnaire is found in Appendix E. Failure to do so may result in the imposition of sanctions. Waiver of the necessity of preparation and filing of the questionnaire may be granted by the judge only upon written request.

Hearings on Contested Cases. Documents required. In all contested domestic cases the parties shall exchange, file and furnish to the trial judge, at least ten (10) days prior to hearing, a domestic relations affidavit, if children are involved a completed child support worksheet, and the parties' proposals for division of property, allocation of debt, and maintenance. If the above referred to documents are not provided to the court within the time frames required the hearing will be continued until such time as the requirements are met by counsel.

If the division of property is at issue a list of marital property with each parties' valuations attached, and proposals with respect to its division must be filed before the final hearing. In such cases that the parties are able to agree to a property division and formalize the same in a Property Settlement Agreement, that agreement should set forth all property and obligations and a description of both real and personal property received by each party.

Submission of Journal Entry. Contested Cases. Unless otherwise specifically ordered by the trial judge, counsel directed to prepare the decree in contested domestic cases shall submit their proposed order to the Court and opposing counsel within fourteen (14) days following the decision pursuant to Supreme Court Rule 170.

Real Estate Involved. All divorce decrees in which title to real estate is involved should have prominently displayed on the margin of the first page of the journal entry the notation in capital letters 11REAL ESTATE INVOLVED" so that the Clerk of the District Court can have notice comply with K.S.A. 58-2242(a). Pertinent pleadings must contain the formal legal description of the real estate involved.

Payments for Child Support and Maintenance through Kansas Payment Center. All orders for payment of child support entered in this district shall provide that payments be made to the Kansas Payment Center unless exempted by the Court.

Mandatory Supplemental Child Support Collection Orders. All orders for payment of child support, including modifications of existing support orders, entered in this district after March 1, 1986, shall contain the following as mandatory supplemental orders:

  1. "IT IS FURTHER ORDERED that all child support and maintenance payments shall be paid to the Kansas Payment Center. Any payments of child support not made in accordance with this provision shall be presumptively disallowed. Any payments made payable to the obligee may be endorsed and cashed by the Kansas Payment Center."
  2. "IT IS FURTHER ORDERED that the Office of DCF, or their contracting agent for IV-D cases, shall monitor and enforce the payments of support ordered herein and may pursue on behalf of any child all civil remedies available to the obligee to enforce payments of child support."
  3. "IT IS FURTHER ORDERED that each party shall inform the Clerk of the District Court and DCF for IV-D cases, or the District Court Trustee for private cases in writing of any change of name, residence and employer including address within seven (7) days after such change."
  4. "IT IS FURTHER ORDERED that withholding of income to enforce this order of support shall take effect without further notice to K.S.A. 23-4,107, and all amendments thereto."
  5. "IT IS FURTHER ORDERED that the amount of child support payable per month in this case is $_____, due on or before the __ day of each month and $_____ on arrears each month. The payments in this case are to be paid monthly."
  6. "IT IS FURTHER ORDERED that the home addresses and telephone number, employment names, addresses, and telephone numbers, and social security numbers of each party shall be included each time an order is entered."

Exemptions from this Rule. The District Judge assigned to the case shall review for exemption determination all written motions from parties requesting exemption from this rule, and all journal entries submitted not in compliance with the mandatory supplement provisions of this rule pursuant to the following:

  1. It shall be the general rule that exemptions not be granted except for good cause shown pursuant to K.S.A. 23-4,100 et seq., and all amendments thereto;
  2. Consideration may be given as exceptions to the general rule of non-exemption when a movant proves the following:
    (A) The support order was made prior to March 1, 1986, has not been in arrears for more than one calendar month, and now is subject to the rule due to a post March 1, 1986, modification of the support order;
    (B) The support order is being regularly paid by an irrevocable mandatory military allotment; or
    (C) The support order has been satisfied by a posted security bond or endowed irrevocable trust.
  3. Exemptions granted shall be by written order.

Filing. The Clerk of the District Court shall not accept for filing any order for child support which does not contain the mandatory supplemental orders.

Record of Support Payments. The Kansas Payment Center, contracting agent for IV-D cases shall maintain a record of all child support. Payments will be first applied to current child support then to past due child support. Any support payment not received on the due date set forth in the Order of Support will be considered overdue.

Temporary Support Orders. Temporary support orders shall not be enforced in a case after the entry of the final divorce decree unless a judgment for temporary support is specifically awarded by the Court in the final divorce decree.

Payment Disbursement. The Kansas Payment Center, contracting agent for IV-D cases is authorized to disburse all payments received pursuant to temporary or permanent support or maintenance orders to the party entitled to receive same without further order of the Court.

If the Kansas Payment Center receives any funds through an income withholding order that causes over-collection of support in the case, the Kansas Payment Center shall apply the excess amount to the current support obligation in the successive months following the over-collection. Upon satisfaction of all obligations of future support in such cases, the Kansas Payment Center shall refund the overage to the obligor within a reasonable time.

Time Standards. Divorce cases may_ be set for final disposition within one-hundred twenty (120) days of filing or be subject to dismissal for lack of prosecution after notice by the Clerk of the District Court.

Guardian Ad Litem for Minor in Domestic Relations Cases. On the court's own motion, or on the motion of either party, the court may appoint an attorney as guardian ad litem to represent the interests of minor children in a paternity, divorce or separate maintenance action. The guardian ad litem shall enter an appearance and shall be notified of all hearings, receive subsequent pleadings and actively participate in the action. The guardian ad litem fees shall be determined by the court and shall be taxed as costs in the action.

Dissemination of Custody Investigation Reports. This rule applies to cases where the court directs that a written report be prepared by an investigator relating to child custody issues.

The term "investigator" includes anyone whom the court directs to make an investigation or evaluation, including court service officers, mental health counselors, or other professionals, guardian ad litems and CASAs.

The investigator shall provide a copy of the report to the attorney of record for each party and a copy shall be provided to the judge. Attorneys may discuss the contents of the report with their clients, but shall not give a copy of the report to their clients and shall not permit their clients to read, copy or make notes from these reports. If a party is not represented by an attorney of record, the report shall be made available for review by the pro se litigant, but no copy of the report shall be given to unrepresented parties. The review of the report by a pro se litigant shall be subject to such conditions as the court shall determine. If a pro se litigant is allowed to read the report, then the represented litigant shall be allowed the same privilege.

Exceptions to this policy shall be granted only upon a showing of necessity after a written motion and hearing. A copy of the motion and notice of hearing shall be served upon the investigator who prepared the report, who shall be allowed to advise the court regarding the investigator's recommendations as to the risks of providing a written copy of the report.

The following notice shall be included as part of any order for child custody investigation or report.

IT IS BY THE COURT ORDERED that the attorneys of record may discuss the contents of the report with their clients but shall not give a copy of the report to their clients and shall not permit the clients to read or make notes from the report.

IT IS FURTHER ORDERED that a party not represented by counsel shall be allowed to review the report, but shall not be provided with a copy of such report. The court may set forth conditions upon the review of the report by a party not represented by counsel.

IT IS FURTHER ORDERED that failure to comply with the terms of this order, by either attorney or a party, may be punishable by such sanctions for contempt as the court may determine.

Necessary Parties in Child Support and Paternity Actions. In any action brought for purpose of establishing or enforcing child support and/or for reimbursement of birth, medical, support, and education expenses of a child, both parents shall be joined as parties to the action if they are subject to service of process in this state. In the absence of good cause shown, custody and parenting time issues shall be addressed and resolved in the same proceeding.

Poverty Affidavits. A poverty affidavit submitted pursuant to K.S.A. 60-2001(b), or any other applicable chapter, shall include, or be accompanied by, an affirmation that no attorney fee has been paid and that none will be paid until such time as all docketing fees, including surcharges, have been fully paid.

Filing for Extensions Out of Time. An extension of time may be granted pursuant to Supreme Court Rule 113 or by the court ex parte as the interests of justice may demand. However, no ex parte permission shall be granted to file any pleading out of time. Anyone aggrieved by such an extension shall be entitled to a hearing upon three days notice.

Parenting Time and Contact Guidelines. The following is a sample parenting time and contact schedule that the judges in this district will normally consider minimally consistent with the best interests of the child(ren) under a joint legal custody and parenting time order. Provision should be made for extended summer visitation, as appropriate. The presumed minimum is at least Yz of the summer break.

  1. Alternate Weekends: Parent B to have alternate weekend parenting time beginning at 6:00 p.m. on Friday until 7:00 p.m. on Sunday.
  2. Evening Physical Custody: Parent B to have one weekday evening per week which, if feasible, should be overnight.
  3. Easter Weekend: Parenting time with parent B from 6:00p.m. Friday until 7:00p.m. Sunday during even numbered years and with parent A during odd numbered years.
  4. Spring Break: Parenting time with each parent during one half of the spring break, with a transfer to occur on Wednesday evening at 7:00 p.m. The parent normally having the child during the first weekend of spring break shall continue to have the child until the Wednesday transfer.
  5. Mother's Day: From 9:00a.m. until 7:00p.m. with the child's mother.
  6. Memorial Day: From 6:00 p.m. Friday until 7:00 p.m. Monday with Parent A in even numbered years and parent B during odd numbered years.
  7. Father's Day: From 9:00a.m. until7:00 p.m. with the child's father.
  8. Independence Day: From 6:00 p.m. July 3 until 9:00 p.m. on July 5 with parent A during even numbered years and parent B during odd numbered years.
  9. Labor Day: From 6:00 p.m. Friday until 7:00 p.m. Monday with parent B during even numbered years and parent A during odd numbered years.
  10. Halloween: A minimum of three hours Halloween evening with parent A in even numbered years and parent B during the odd numbered years.
  11. Thanksgiving: From 7:00 p.m. Wednesday until 7:00 p.m. Thursday with parent B during even numbered years and parent A during odd numbered years.
  12. Christmas Eve: From 7:00 p.m. the day school is dismissed for Christmas vacation until 7:00 p.m. Christmas Eve, December 24, with parent B during even numbered years and parent A during odd numbered years.
  13. Christmas Period: From 7:00p.m. December 24 until7:00 p.m. December 30 with parent A during even numbered years and parent B during odd numbered years.
  14. New Year's Eve and New Year's Day: From 7:00p.m. December 30 until 7:00p.m. on the evening before school resumes with parent B in even numbered years and parent A in odd numbered years.
  15. Parent's Birthday: The child shall spend part of the day (a minimum of three hours) with the respective parent on that parent's birthday.
  16. Child's Birthday: The child shall spend the child's birthday with parent B in even numbered years and with parent A in odd numbered years. The child shall spend the day before or the day after child's birthday with the other parent.
  17. Vacation: After 30 days advance notice and consultation with the other parent, each parent may arrange to take a vacation trip with the child for a period not exceeding 14 days.
  18. Conflicts and Good-faith Considerations:
    a. Birthday-Holiday. Conflicts between a holiday and a birthday shall be resolved in favor of the holiday schedule. However, the parties are directed to be flexible in allowing the birthday to be celebrated before or after the holiday period.
    b. Weekend-Holiday. Conflicts between weekends and holidays shall be resolved in favor of the holiday schedule.
    c. Weekend. The schedule of weekend parenting time shall be determined without regard to whether the regular schedule has been preempted for time to time by one of the scheduled holidays. There shall be no adjustment for "missed" weekends due to interruption by the holiday visitation schedule, however, the parties are encouraged to compensate for missed parenting time to a non-residential parent will not go three weekends without seeing the child.
    d. Adjustments. It is expected that parents will exercise good faith with each other and act in the best interests of their child(ren) so that each parent can have a full and active participation in the lives of their child(ren). Any parenting plan or schedule, for example, should take into consideration the age of the child. For infants and preschool children, consideration should be given to scheduling more frequent but shorter contacts with parent B during the week on a routine and consistent basis. Consideration should also be given to older adolescents whose personal schedules may interfere with these guidelines.
  19. Telephone and Internet Communication: Telephone calls and Internet communication between parent and child should be liberally permitted at reasonable hours and at the expense of the calling parent. Weekly telephone communication with the child should be permitted.
  20. Mail and e-mail Contact: Parents and children should have an unrestricted right to send cards, letters, packages, audio, video and e-mail communications to each other. Neither parent should interfere with this right.
  21. Long Distance Parenting: When there is a significant geographical distance separating the two parents, parenting plans should provide for the following:
    Weekly telephone contact.
    Longer periods of parenting time during school holidays.
    Extended summer residency for school age children.
    The parent having residency where the child goes to school shall send school records, school calendars, school photographs, activities schedules, report cards, standardized test results, etc. on a frequent basis to the other parent.
  22. Docket Fee -Post Decree. A post decree motion petitioning for a change in legal custody, residency, visitation rights, or parenting time, or for a modification of child support, requires the payment of a docket fee.

    RULE 22

    All pro se litigants filing any domestic action or as a party in any domestic action shall comply with all applicable Kansas laws and Kansas Supreme Court rules and, if applicable, Local Rule 21.

    It is not the duty of the Judge or Court personnel to assist a pro se litigant. Kansas law prohibits the Court from treating a pro se litigant differently than a party represented by an attorney.

    The Clerk of the District Court shall provide each pro se litigant with a copy of this rule either prior to or at the time such litigant attempts to file a pro se divorce action.

    A pro se litigant filing a divorce action shall comply with all of the requirements for filing of the appropriate documents. Standardized forms for pro se litigants may be found at the Kansas Judicial Council website under legal forms (

    A pro se litigant must properly present their case and, if in a divorce action, must be prepared to submit the required completed documents to conclude the case including the final Decree of Divorce, Permanent Parenting Plan, Child Support Worksheet, Income Withholding Order and Worksheet for hearing. Failure to comply with this rule may result in the case being continued or dismissed by the Court. Divorce or Annulment Registration at the time of final

    Updated: August 11, 2016.