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MEDICAL MALPRACTICE SCREENING PANEL
Any party filing a request for medical malpractice screening panel shall file with the request:
A short statement explaining the basic medical failures alleged and the nature of the alleged injury. (That defendant was negligent or deviated from care generally is not sufficient. There must be some identification of the claimed injury and some brief statement of the suspected departures from standard practice.) This statement shall not be binding or limit the plaintiff from other allegations which become known thereafter.
An order signed by counsel and ready for the court's signature authorizing the release of medical records and x-rays, etc. to counsel for all named defendants. (The names of counsel need not be specified as they will be unknown at that time.)
A list of all health care providers who have rendered treatment to the plaintiff within the preceding five (5) years, including all hospitals where plaintiff received any treatment. To the extent possible, full names and addresses shall be provided. The above list shall include the plaintiff's date of birth.
Along with the notice convening the screening panel, the court shall provide to the parties copies of all additional documents required to be filed by these rules, including a certified copy of the order for production of medical records, and a notice of a status conference.
The court shall hold a status conference in all screening panel cases. Counsel for the parties and the chairperson shall appear and a schedule shall be established for the submission of records, contentions and the preliminary conference of the panel.
Except by agreement of all parties, no affidavits from the parties nor any II expert opinions," nor depositions taken in the case shall be submitted.
The chairperson shall provide a file-stamped copy of the opinion of the panel to counsel for all parties and the Commissioners of Insurance as administrator of the Health Care Stabilization Fund.
NOTICE OF BANKRUPTCY STAY
Any party, or counsel for the same, to a civil case pending in the 6th Judicial District who files a bankruptcy case shall file a written notice thereof with the Clerk of the Court wherein the civil proceeding is pending 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. Said party shall mail a copy of the notice to all other interested parties and the presiding judge.
If a hearing or trial is scheduled to occur within ten (10) days of the bankruptcy case filing, in addition to the written notice required above, the filing party shall immediately give oral notice to all other parties and to the presiding judge.
Upon termination of the stay, any party may move to reactivate the case.
Any of the foregoing rules shall in special cases be subject to such modifications as the judge may deem necessary to meet emergencies or to avoid injustice or great undue hardship.
PLEADING JUDGMENT AMOUNTS AND INTEREST
When presenting an order of judgment to the court, the presenting attorney shall set out the amount of the original judgment sum itself and separately set out the amount claimed as interest on the judgment, particularly detailing the pre-and post-judgment amounts and the interest rate and time periods that are claimed to be applicable.
CRIMINAL CASE PROCEEDINGS
Motions to Continue Criminal Hearing. Any party requesting a continuance of a criminal hearing shall prepare and file with the court a Motion for Continuance which shall be approved by the District Judge assigned to the case.
The motion shall include the position of: (1) the written waiver of speedy trial y the defendant, if the request is to continue or affect a trial setting; (2) the position of other counsel requesting the continuance, including counsel representing any co-defendant's; and (3) any other requested information.
If the continuance is not opposed then an agreed Order should be submitted and filed. If the request is opposed the matter will be taken up on the next available Criminal Docket assigned to that particular Judge.
All continuances should be accomplished prior to the day of hearing in question, thereby freeing the court's and counsel's schedule in order to attend to other business.
Prosecutor to Track Speedy Trial Time. When any criminal case is scheduled for trial or continued for trial, the prosecutor shall review the speedy trial time elapsed and advise the assigned judge forthwith if the beginning trial date is not within the speedy trial provisions of K.S.A. 22-3402. The Prosecutor is responsible for seeing that criminal trial settings comply with the speedy trial provisions of K.S.A. 22-3402.
Petitions for Expungement. Upon filing a petition for expungement under the Kansas Criminal Code or the Juvenile Offenders Code, petitioner's counsel shall obtain a date and time for hearing from the court and thereafter provide timely written notice to the county attorney. Upon the request of the county attorney, counsel for petitioner shall submit to the presiding judge a proposed order for referral and investigation by the Court Services Office. Copies of the proposed order shall be provided to the county attorney and Court Services Office by petitioner.
Petitioner shall be personally present at the expungement hearing unless specifically excused by the court. Petitioner's attorney shall prepare an appropriate order of expungement and provide the Clerk of the Court with adequate copies for mailing to law enforcement agencies.
Pleas in Felony Cases. In all felony cases, if the defendant elects to enter a plea of guilty or a plea of nolo contendre to the charge or charges filed against him, there shall be prepared and submitted to the court a written tender of plea of guilty and an accompanying certificate of counsel or a written tender of plea on nolo contendre and an accompanying certificate of counsel in substantially the form attached to this rule. See Appendix F.
If, for good cause shown, the presiding judge finds that the tender of plea form cannot or should not be executed by the defendant, then in such event the court shall make oral inquiry of the defendant in open court concerning the matters contained in the tender of plea form. Said inquiry shall be included verbatim in the journal entry of the proceeding.
Notice of Duty to Register. It shall be the duty of the State to inform the Court at the outset of any proceeding wherein the defendant is entering a plea to an offense which requires offender registration to notify the Court of the same. The State shall notify the presiding judge of the fact that the offender is required to register pursuant to the applicable statute. The State shall notify the Court of the title and statute number of conviction(s).
It shall be the responsibility of both the State and the defense counsel to fully and accurately complete the "Notice of Duty to Register" and to provide the Court with the original and at least one copy thereof for service on the defendant during said plea hearing. The Notice of Duty to Register shall be the form approved therefore by the Kansas Bureau of Investigation.
Misdemeanor Journal Entries (Computation of Time Served). In every sentencing journal entry in which a defendant has been in custody or is sentenced to jail the journal entry shall reflect the number of days for which the defendant is entitled credit, and the length of the defendant's sentence.
EXTENDED JURISDICTION FOR JUVENILE PROSECUTION
Upon designation as an extended jurisdiction juvenile prosecution pursuant to K.S.A. 38-2347, proceedings shall be transferred forthwith to a district judge (if not already so assigned) for scheduling in due course with the adult criminal process. The respondent shall be entitled to the full protection of the Kansas Code of CriminalProcedure. The district judge of assignment shall schedule such further hearings as necessary to facilitate trial by jury and timely prosecution of the pending charges. In the event of a conviction the case shall remain with the assigned judge for imposition of both an adult and juvenile sanction unless otherwise transferred by order of the chief judge.
LIMITED ACTIONS PRACTICE
Answer Dates. All answer dates in Chapter 61 cases will be on dates established by the Clerk of the District Court. If the defendant fails to appear or answer, default judgment as prayed may be entered against the defendant. Continuance of answer dates will not be granted. A written general denial is subject to K.S.A. 61-2904, K.S.A. 60-208(b) and K.S.A. 60-211, and amendments thereto.
Continuances. Except to prevent manifest injustice, continuances of a trial setting will only be granted upon written motion and order of the court entered prior to the scheduled time of trial or upon the joint request of all parties.
Journal Entries. It will be counsel's responsibility to ascertain the status of service of process and present a proposed Journal Entry/Judgment Form reflecting service, appearances and the proposed judgment to be entered, if appropriate.
Post Judgment Activity. The plaintiff's attorney, or an authorized representative of plaintiff's attorney, and all defendants are required to appear for all post-judgment activity unless said appearance is excused by the court.
Eviction Cases. Trial dates in eviction cases shall be given upon the filing of an answer. All other trial dates may at the direction of the court be assigned at the answer date. It shall be the responsibility of the plaintiff to timely prosecute the case.
Continuing Effect of Aid in Execution Citations. Aids in execution or citations properly serviced shall not be continued by the Court unless agreed to by all parties or ordered by the Court. The Court has authorized I/ order backs" in proceedings in aid of execution not more often than every eight (8) weeks, except in exceptional circumstances.
Signed Pleadings. All Chapter 60 and Chapter 61 aids, citations and post judgment papers may bear a computer generated, stamped, or facsimile signature of the attorney.
Automobile Negligence Cases. In cases involving property damage as a result of automobile accidents, the court will enter default judgment for attorney fees as authorized by K.S.A. 60-2006 in a reasonable amount.
Service of Process. Service by tacking is authorized on all Chapter 61 pre-judgment matters and all aids in execution. In cases where attempted service reveals the address furnished for service was not correct, no further attempt at service at that same address shall be made, unless the person or attorney seeking service certifies by letter that they have verified, subsequent to the service attempt, that the address is now good.
Judgment debtors shall be served with an 110rder to Appear for Hearing in Aid of Execution" requiring the debtor to appear to give information. The proceeding held pursuant to this order shall permit the plaintiff or counsel for plaintiff to gather information for the purpose of collecting the judgment.
If the debtor fails to appear for examination as ordered, the debtor may be cited in contempt for Failure to Appear. These citations shall be personally served and shall be scheduled for hearing on the same docket as other limited actions cases are handled. Absent a judicial finding to the contrary, submitting to the examination shall purge this contempt.
Dismissals. Debtors shall be dismissed from the docket after three months of regular payment, either by income withholding order or by voluntary payment. Application of cash deposit bail bond funds shall not be considered a regular payment. Debtors who have been judicially or administratively determined to be disabled to the extent that they are unable to work or have no other income shall be dismissed from the docket.
Counsel in Contempt Cases. The obligor shall not have counsel appointed if they have sufficient actual or imputed income to employ an attorney. A financial affidavit shall be used to determine the issues of income and indigency. The movant may rebut the obligor's assertions regarding income and indigency by filing a motion to have the Court determine the same.
Bench Warrants, Bonds, Hearings. A bench warrant may be issued if the obligor fails to appear for a contempt hearing. The amount of cash bond for bench warrants upon a first and subsequent failure to appear shall be the amount of the unpaid judgment. If the debtor cannot post a cash bond, the amount of the bond shall be reviewed on a weekly basis.
Multiple Defendants. In multiple defendant cases, if service is made on less than all of the defendants, the plaintiff must elect to proceed against the served defendant(s), dismissing the unserved defendant(s), or allow the case to be dismissed as a whole.
SMALL CLAIMS PROCEDURE
Form of Pleadings. A party to an action filed pursuant to the Small Claims Procedures Act shall set forth the statement of this claim using substantially the same form prescribed in K.S.A. 61-2713.
Signature of Parties. Any pleading or other paper filed by a party in a small claims action shall be signed by the party filing the same before a person authorized by law to acknowledge signatures.
Responsive Pleadings. Any defendant's claim in a small claims action shall be filed within such time before the scheduled trial date as to allow the plaintiff reasonable time and opportunity to prepare the case as to the defendant's claims.
Case Settings. All small claims cases shall be set on the court's trial docket as soon as easonably possible after filing, allowing proper time for service of process, and in any event shall be set on the court's trial docket no later than one-hundred twenty (120) days after the original filing date unless otherwise extended by order of the court.
Continuances. Unless by agreement of the parties, continuances of trial settings of smallclaims cases shall be for good cause only, or as justice shall demand. Parties applying for continuances of trial settings in small claims cases may do so as follows:
Applications for continuances shall be ruled upon by the court as soon as practicable after they are filed and the court shall cause notice to be sent to the parties of the court's decision with regard to the requested continuance.
Dismissals for Lack of Prosecution. Small claims cases may be dismissed by the court for lack of prosecution from time to time upon such terms and conditions and notice as the judge shall prescribe.
Upon dismissal for lack of prosecution, the court shall cause the clerk to mail notice of such dismissal to the parties at their last known mailing addresses appearing in the court file.
Entry of Appearance by Attorney after Judgment. After judgment has been entered, an attorney filing an entry of appearance shall send appropriate notice thereof to the opposing party before appearing on behalf of and/or representing a party to a small claims action.
Appeals. An appeal from any judgment rendered under the Small Claims Procedures Act may be taken pursuant to K.S.A. 61-2709.
Satisfaction of Judgment. Upon payment, in full, of any judgment, it shall be the duty of the judgment plaintiff to prepare and file a satisfaction of judgment.