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RULE 24
PROSECUTION OF DIVORCES PRO-SE

In the event pleadings in domestic relations cases are filed without an attorney and they do not comply fully with the requirements of Kansas law, the action will be dismissed.  It is not the job of the judge or of the court personnel to assist pro-se litigants as neither is allowed to practice law.  A pro-se litigant in a civil case is required to follow the same rules of procedure and evidence which is binding upon a litigant who is represented by counsel.  Our legal system cannot function on any basis other than equal treatment of all litigants.  To have different rules for different classes of litigants is untenable.  A party in civil litigation cannot expect the trial judge or an attorney for the other party to advise him/her of the law or court rules, or to see that his or her case is properly presented to the court.  A pro-se litigant in a civil case cannot be given either an advantage or a disadvantage solely because of the fact that he or she is proceeding pro-se Mangiaracina v Gutierrez, 11 Kan.App. 2d 594.

Likewise, there are certain matters that must be presented to the Court at the time of the divorce hearing.  If these items are not properly presented through sworn testimony or documentary evidence, the Court is without jurisdiction to grant the petition.

If the case is not properly presented, or a Decree not submitted consistent with the Order of the Court, a divorce will not be granted.

The Clerk of the District Court shall provide each pro-se litigant with a copy of this rule at the time of filing.  Standardized forms for Pro-se Domestic Relations Litigation have been approved and adopted by Supreme Court Administrative No. 242 and are published and accessible through the Kansas Judicial website (www.kansasjudicialcouncil.org ) and are specifically available at the following address http://www.kansasjudicialcouncil.org/DivorceForms.shtml

The Clerk of the District Court shall direct pro-se litigants who have not done so to utilize the forms available at the above stated website. No other forms will be permitted absent specific written approval by the judge assigned to hear the matter.
           
In addition thereto, if a pro-se litigant files a poverty affidavit seeking waiver of the filing fee at the time of filing said pro-se litigant must complete the Financial Affidavit as required in criminal cases. If the petitioner qualifies for a waiver of the filing fee at the time of filing the petition the court shall require the payment of the filing fee prior to the entry of a final Decree of Divorce unless specifically waived on the record at the time of hearing on the petition.

Residency requirements.  Either you or your spouse must have been a resident of the State of Kansas for at least sixty (60) days before the filing of the Petition for Divorce.  Usually the divorce action should be filed in the county in which you reside or your spouse resides.

Starting the proceedings.  The first step is to file a Petition for Divorce with the Clerk of the District Court.  The petition must be accompanied by the appropriate filing fee or Poverty Affidavit if you are financially unable to pay the filing fee.

Service of Process.  There are two ways to notify your spouse officially that you have filed a divorce action:

  1. Your spouse may sign a written receipt called an Entry of Appearance for a copy of the petition and any other papers filed at the same time.  The signing of the receipt acknowledges that the court has jurisdiction over the parties and can therefore grant the relief requested.  It does not mean that your spouse has agreed to any of the requests in the petition or other papers.
  2. If your spouse is unwilling to sign a receipt or you don’t want to handle the proceeding in that manner, the Sheriff will deliver or serve a copy of the Petition to your spouse.  Your spouse will then have twenty (20) days if it is in-state service, or thirty (30) days if it is out-of-state service, in which to answer or oppose the relief requested in the Petition.

Domestic Relations Affidavit.   A Domestic Relations Affidavit shall be filed with the Clerk of the District Court at the time of the filing of the Petition for divorce or before the hearing date.

Hearing Date.  Kansas law provides that, unless there is a reason for acceleration, a divorce shall not be heard prior to the expiration of sixty (60) days from the date on which the petition for divorce is filed.  Your case will be assigned to a District Judge.  The judge’s office or clerk can provide you with specific hearing dates.

As the petitioner you are required to send notice of the hearing to your spouse.  Proof of this notice of hearing will have to be filed in your case prior to your divorce hearing.

On the day of the hearing you will be required to bring with you all documents required under Rule 23.5.  Failure to comply will result in the decree not being filed and you will not be divorced.

Contested vs. Uncontested Divorce.  The divorce will be considered contested unless both parties agree on all aspects of the property division, the payment of obligations and the payment of court costs.  If one party disputes any of these issues the divorce will be considered contested.  In either case a trial before the court is required and sworn testimony will need to be received.  In the case of an uncontested divorce the hearing will be brief and shall be set for hearing on the assigned judge’s regular docket day after the expiration of the required sixty (60) days.  A contested divorce will need to be specially scheduled with the assigned judge.  If issues concerning children are involved the parties must seek the advice and assistance of an attorney.

Name Change.  The name of either party can be changed in the Divorce Decree if he or she took the name of the other spouse at the time of marriage and now wants to be returned to either a former or maiden name.

Forms.   The following forms shall be utilized.
http://www.kansasjudicialcouncil.org/DivorceForms.shtml

RULE 25
COURT COMPLIANCE WITH SUPREME
COURT RULES 172 AND 173

The District Judges and District Magistrate Judge of this District are appointed to preside as hearing officers in matter referred to them pursuant to Supreme Court Rule 172 to provide expedited judicial process in this district, and to preside as hearing officers as summary hearings relating to the establishment, modification, or enforcement of support pursuant to the Kansas Parentage Act, 1985 Session Laws, Chapter 114, K.S.A. 23-451, et seq., 39-718a, 39-755, or 60-1610, K.S.A. 2984 Supp. 38-1542, 38-1542, or 38-1563 or 1985 Session Laws, Chapter 115, Section 1 through 27, and enforcement of parent visitation rights.

The Chief Judge shall have authority pursuant to Rule 172 to appoint a hearing officer to conduct hearings for expedited judicial process pursuant to said rule.  All orders entered by said hearing officer shall be approved by a district judge.

The Chief Clerk shall monitor cases subject to Rule 172 in order to ensure that any action to modify or enforce support obligations are completed from time of filing to time of deposition within the following time frames:

  1. 90% in 90 days
  2. 98% in 180 days
  3. 100% in 365 days

The Chief Clerk shall monitor cases subject to expedited judicial process in order to ensure that any action to establish parentage or support obligations are completed from time of filing to time of disposition within the following time frames:

  1. 75% in 270 days
  2. 85% in 365 days
  3. 90% in 455 days

The expedited judicial process mandated by Supreme Court Rule 173 shall be that the Clerk, upon receipt of a filing addressed by Supreme Court Rule 173, shall bring it to the attention of the judge then most available for immediate disposition in conformance with the law.

RULE 26
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.

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 “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.

RULE 27
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 undo hardship.

RULE 28
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.

RULE 29
CRIMINAL CASE PROCEEDINGS

29.1     General.  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 by 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.

Upon approval the motion, shall be filed with the Clerk of the District Court.

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.

 29.2    Required Appearances.  If a defendant is charged with a misdemeanor, an attorney may appear for the defendant, however, the defendant shall appear for all trials, pleas, or sentence hearings, unless a waiver of his or her appearance is executed by the defendant and filed with the court.  Either the misdemeanor defendant or defendant’s attorney must appear at all hearings.

A defendant charged with a felony must appear personally at each hearing, unless the assigned judge approves a continuance in advance of the scheduled hearing.

29.3     Appointed Attorneys (Non-Felony) Attorneys will be appointed as counsel for indigent misdemeanor defendants, and in juvenile, mental illness, alcohol and drug and other cases for which the counties of the district are responsible on a rotation basis from the list of attorneys maintained in each county except in Linn County and except for juvenile and mental illness cases in Miami County.

The Linn County District Court shall contract with not less than three attorneys to provide indigent defense and other attorney services for which the county is responsible.  Miami County District Court will contract with at least 1 attorney for mental illness cases and no less than 2 attorneys for juvenile matters.

Any person for whom the court has appointed counsel under this rule shall be required, consistent with the ability of such people to do so, to reimburse the county for the reasonable cost of the service provided by counsel.

The Chief Judge shall provide, by Administrative Order, a schedule of reimbursement amounts based upon reasonable categories of service rendered with reasonable amounts assessed for each category of service for which an attorney serves by contract.  This schedule may be amended from time to time as the chief judge may deem appropriate.

29.4     Motions in Criminal Cases.   All post arraignment motions in criminal cases, to be considered timely, shall be filed no later than twenty (20) days following arraignment in felony cases or seven (7) days following the Court’s first notice of trial assignment in misdemeanor cases.  All requests for jury trials in misdemeanor cases, to be timely filed, shall be made in writing not later than seven (7) days following the court’s first notice of trial assignment.

For speedy trial purposes, any delay of trial occasioned by any motion later filed, if actually entertained by the Court, shall be charged to the party filing the untimely motion.

All motions shall contain the date for hearing set by the court.  A copy of a motion shall be delivered to the assigned judge on or before the date of filing.  All scheduling must be done in advance with the assigned Judge’s office.

29.5     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.

29.6     Pretrial Release.  The judge issuing a warrant shall set bond as provided by law.  If a probable cause for detention determination is made at a time when court is not in session, the judge making the determination may set the amount of bond.  If a probable cause for detention determination is made when court is in session, bond will be set by a judge.

For those offenses where no bond is set or is designated “see judge”, the accused shall be brought before a judge of the district court at the next court date to have a bond set.

Persons in custody with any of the following conditions are not eligible for bond and shall be brought before a judge, without unreasonable delay to have bail considered and appropriate bond set by the judge:

A defendant who:

  1. Has prior bond forfeitures.
  2. Has been extradited or is awaiting extradition to another state.
  3. Has a detainer or hold from other states or federal authorities.
  4. Has a prior conviction of a felony classified as A, B, or C or level1 through 5.
  5. Has been detained for a violation of probation.
  6. The requesting officer believes in good faith may flee, pose a danger to public safety or is not eligible for bond.
  7. Is to be charged with a felony and have bond set by a judge.
  8. Is accused of a domestic violence offense.

All other persons arrested shall be subject to a standard bond schedule, approved by the resident district judge of the county, the same to be posted and followed by the Sheriff of said county.

All bail bonds issued in this judicial district are subject to this rule and the General Bond Conditions contained in the custody slip which may be appropriate for each case.  Other special conditions may also be imposed by the court as a requirement of release on any bail bond.

All private or professional surety bonds issued in this judicial district shall have a condition that sureties agree to remain liable on any bail bond until all proceedings arising out of the arrest or case for which the bond posted are concluded, the surety has surrendered the defendant to the Sheriff of county in which charges are filed, or until the surety is released by court order.  No surety shall be released on an obligation on a bail bond without court approval.  Either a surety or a person arrested and turned in on a bond by a surety may file a motion with the court for a determination of whether the bail bond should be revoked or continued in force.

Bail bonds designated shall be written only on terms specified by a judge of the district court.

Bond Modification.   Any review or request for modification of a bond before arraignment in misdemeanor cases, or first appearance in felony cases shall be heard by the judge originally setting the bond.  Thereafter, any modifications or review requested shall become the responsibility of the assigned judge.

29.7     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.

29.8     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 G.

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.

29.9     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.

RULE 30
EXTENDED JURISDICTION FOR JUVENILE PROSECUTION

            Upon designation as an extended jurisdiction juvenile prosecution pursuant to K.S.A. 58-1636(f)(2), 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 Criminal Procedure.  The district judge of assignment shall schedule a Preliminary Examination (if not previously held or waived) and 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.

RULE 31
COMPLIANCE WITH K.S.A. 39-1655

It shall be the duty of the Clerk of the District Court to forward to the superintendent of the school district in which a juvenile offender is enrolled or is to be enrolled, copies of adjudications pursuant to K.S.A. 39-1655.

RULE 32
LIMITED ACTIONS PRACTICE

32.1     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. 61-1706, K.S.A. 60-208(b) and K.S.A. 60-211, and amendments thereto.

32.2     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.  Continuances of a trial setting will not be granted ex parte.

32.3     Journal Entries.  Court files scheduled for hearing will be available to counsel at the answer date.  It will be counsel’s responsibility to ascertain the status of service of process and present the file to the court along with a proposed Journal Entry/Judgment Form reflecting service, appearances and the proposed judgment to be entered, if appropriate.  Unless otherwise directed by the court, a Journal Entry/Judgment Form shall be presented to the court at the time the case is called.

32.4     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.

32.5     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.

32.6     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 “order backs” in proceedings in aid of execution not more often than every eight (8) weeks except in exceptional circumstances.

32.7     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.

32.8     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 the amount of $300 unless plaintiff requests an evidentiary hearing.

32.9     Service of Process.  Services 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 “Order 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.

32.10   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.

32.11   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.

32.12   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.

32.13   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.

RULE 33
PROBATE PROCEEDINGS

33.1     Form of Pleadings.  In all cases coming under Chapter 59, K.S.A. applications made to the court are to be made in the form of a written petition, signed by the petitioning party, and verified upon oath taken before a notary public or other person authorized to administer oaths.  Every application made to the court shall comply in form to the requirements of K.S.A. 59-2201, K.S.A. 59-2202, and K.S.A. 59-103(b) in a probate proceeding.

33.2     Scheduling of Cases.  It shall be the duty of the filing attorney (or pro-se petitioner) to obtain, at the time of the filing of the petition, a hearing date for the hearing of the petition filed, and to provide an “Order for Hearing” presented to the Court for execution and filing.

Comment.  Commencement of any action requires both the filing of the petition and the obtaining of an “Order for Hearing” (or equivalent.)  Just filing the petition will not result in the matter being scheduled for hearing and may result in substantial prejudice to the petitioning party.

Cases shall be scheduled for hearing by contacting the Court Clerk’s Office or the office of the judge in order to obtain a calendar setting.  The Order for Hearing shall be presented to the judge’s office for signing.

It shall be the duty of the filing attorney to know the law with respect to notice requirements and time limitations imposed by statute as it applies to the case being filed.  It shall not be the duty of the Clerk of the Court to give advice either on substantive or procedural aspects of the law.

33.3     Standing Orders; Scheduling Approval of Annual Accounting.  The Court shall issue an order to the Clerk directing the scheduling of Petitions to Approve Annual Accountings – Trusts, Conservatorships, Curatorships.  Any order setting such hearing which is signed by the Clerk, or a duly appointed deputy, shall have the same effect as if signed personally by the judge.

33.4     DECEDENT’S ESTATES: Extension of Time for Final Settlement.  The verified accounting, as required by K.S.A. 59-1502, shall be filed at the same time as the filing of the petition requesting extension of time with notice given to the affected parties.  Any approval of the extension shall require approval of the accounting before an extension is granted.  Notice of the request for extension shall be given to the interested parties except where written consent or waiver has been executed and filed.

33.5     TRUSTS: Accountings; Requirement for Filing; Approval.    The filing of annual accountings is required in every trust unless waived by the trust instrument or in writing by all beneficiaries.

No approval of accountings will be considered except where a petition for approval is filed and notice given to all beneficiaries.

33.6(a) ADOPTIONS: Required Accounting.  The accounting required by K.S.A. 59-2121 is to be filed at the time of filing the case.   No case will be set for hearing without the accounting having first been filed.  The accounting shall be signed by all petitioners and by the attorney representing the petitioner(s).

33.6(b) Required “Assessment”.  The Assessment, as required by K.S.A. 59-2132, shall be done by a person holding, at least, a masters degree in social work and holding a current Kansas license or shall be done by a licensed child-placing agency.  The choice, subject to the above requirement, is left to the petitioner but shall be someone disinterested in the outcome of the proposed adoption.

33.6(c) Rights of Missing Fathers - Notice.  In all adoptions where “identity” of a father is unknown or whereabouts unknown, notice by publication is required.  An attorney, chosen by the Court, will be appointed, to represent the absent, or unknown, father’s interest and to aid in providing him notice.

Filing attorney is required to make known, at the time of scheduling the hearing on the petition, the fact of an “unknown” or “unknown whereabouts” status.

33.6(d) Venue.    In an independent adoption venue shall be in the county in which the petitioner resides or in the county in which the child to be adopted resided.  K.S.A. 59-2126.

Where reliance for venue is based on residence of a newborn child
and mother has come to Kansas from another state during the time
of her pregnancy, it shall be presumed that residence of mother and
child is not in Kansas but in the former state.  This presumption may
be overcome if the mother appears in person before the Court and by
her testimony, and any other evidence, concerning the matter, satisfies

that she was a resident of Kansas at the time of the placing of the
child for adoption.

33.6(e) Report of Adoption.  No adoption is complete until counsel for the adoptive parent(s) provides the “Report of Adoption” form required by the Bureau of Vital Statistics. No Decree of Adoption will be signed or filed without the simultaneous presentation of this form.

33.7(a) GUARDIANSHIPS AND CONSERVATORSHIPS: Petition.   In addition to the content of the petition prescribed by the statute [K.S.A. 59-3009(b)] the petition shall include a statement of the reason for the need of a guardianship.

33.7(b) Consent of Parents Required; Exceptions.  Consent of both natural parents is required in order to establish a guardianship of a minor.  Exceptions are as follows:

  1. Where the parent or parents are deceased;
  2. Where the parental rights have been terminated by a separate court proceeding;
  3. Where the child is the product of rape (no consent of the father shall be required);
  4. Where lawful notice has been given to the parent and such parent then fails to appear at the time scheduled for hearing or otherwise answer;
  5. Where, upon proper hearing, petitioner is able to establish, by clear and convincing evidence, that the non-consenting parent is an unfit parent.

33.7(c) Notice Requirements.  The duty to provide notice shall be on the petitioner.  Notice shall be given to the lawful custodian and to the parents (except where written consent has been obtained and filed in the record).  Where the identity or whereabouts of a parent is unknown the Court may require that notice be given by publication.

33.7(d) Hearings; Required Appearances.  Minors 14 years of age and older shall appear in person at the hearing on the petition for appointment of a guardian and/or conservator.  In all other cases, the proposed ward and/or conservatee shall appear in person at the hearing on the petition unless such appearance has been excused, in advance, by the Court.

In all cases the nominee(s) for guardian and/or conservator shall appear personally before the Court at the time of the scheduled hearing.  The petitioner shall have the duty to present evidence sufficient to show the nominee(s) to be qualified to serve in the position for which he or she has be nominated.

33.8(a) GUARDIANSHIP; QUALIFICATION TO SERVE: Effect of Prior Abuse Confirmation.    Any person whose name appears on (Child Abuse registry) such a report as having been confirmed for abuse shall be presumed to be ineligible to serve as guardian of a minor.

Every petitioner seeking to establish a guardianship for a minor shall have the duty to obtain and file with the court, prior to the hearing on the petition, a written report from (Child Abuse registry) with respect to the nominee(s).

33.8(b) Effect of Criminal Record.    Any person who has a record of having committed, within the past ten (10) years, any crime identified as a felony or any crime of violence or of dishonesty shall be presumed to be ineligible to serve as guardian or other position of trust.  Such presumption shall not be overcome by proof that the nominee is a relative of the proposed ward or conservatee.

33.8(c) Bond; Surety Required; Use of “Order Freezing Assets”.    Bond with sufficient sureties shall be required in all conservatorships (and curatorships).  “Personal bonds” shall not be accepted except where supported by sufficient non-exempt property with proof of same filed as part of the record.

The amount of the bond shall be set at 125% of the annual income plus the value of all the assets, not including real property, of the conservatorship estate.  The amount of the bond requirement may be reduced by reducing the amount of the assets at risk by use of an “Order Freezing Assets”.

33.8(d) Use of “Order Freezing Assets”.  Any asset otherwise subject to the bond requirement may be deposited in any federally insured banking institution authorized and doing business in Kansas and approval of the Court subject to an “Order Freezing Assets”.  The amount of the bond to be required shall then be calculated excluding the amount subject to the “Order Freezing Assets”.  No such order shall be effective unless the institution, by a qualified officer, agrees in writing to be subject to such order or the court.  Release of all or part of assets subject to an Order Freezing Assets shall only be made upon proper application to and approval by the Court.

33.9     Custody of Minors - Limitation on Changes.  No guardian, having been given custody of a minor, may thereafter return the minor to his or her parents or to any other person without first obtaining written authorization for the Court to do so.  Violation of this provision shall be regarded as contempt of court and punished accordingly.

33.10   Move Out of State Without Court Consent Prohibited.  No guardian shall permit or cause the ward under his or her care to be moved to any other state or foreign county without first having obtained the approval of the supervising court.

Violation of this provision shall be grounds for immediate termination of authority of the guardian an such other action as necessary to protect the rights of the ward/conservatee.

33.11   “Report of Guardian” or “Accounting” Required Form; Date Due.    The Report of Guardian shall be filed on an approved court form.

The due date shall be thirty (30) days after the end of the calendar year or thirty (30) days after the end of the 12 month period immediately following and including the month in which the case is filed.  The period shall be considered to have started on the first day of the month in which the case is filed and the reporting period shall be for the 12-month period following that date and like periods thereafter.  The Order establishing the guardianship or conservatorship shall include a statement of the due date of the Report or Accounting.

33.12(a) Guardianship/Conservatorship Cases - Records, Limitation of Access.  No medical examination reports or other medical information used in establishing or maintaining a guardianship/conservatorship or curatorship case shall be made available to anyone without a written order of the supervising court.  Provided, such prohibition shall not apply to: (1) the attorney representing the ward/conservatee, (2) the appointed guardian or conservator, or (3) the attorney representing the petitioner in establishing the guardianship/conservatorship or appointing any successor.

33.12(b) The medical information shall be maintained in an envelope in the file and may not be checked out with the file.

33.12(c) Issuance of Subpoenas - Limitation.  The Clerk shall not issue a subpoena in any guardianship/conservatorship/curatorship case except where there is pending a hearing set by the Court for which the subpoena is intended to produce the appearance of a witness or production of records for such hearing.

33.12(d) Curatorships - Accounting procedure.  Approval of accountings will not be considered unless same has been first submitted to and approved by the Veterans Administration Regional Office or such requirement is waived by that agency.

33.12(e) Forms.   Guardianship and Conservatorship forms are, generally, those provided by Kansas Judicial Council, and the same are adopted by reference.  The required inventory shall be filed on a form approved by the Court.

33.13   Access to Adoption files.  Access to review an adoption file must be requested in writing and specifically authorized by a judge except:

Adoptive parents, upon proof of identification, may be given access by a clerk.

RULE 34
SMALL CLAIMS PROCEDURE

34.1     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.

34.2     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.

34.3     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.

34.4     Case Settings.    All small claims cases shall be set on the court’s trial docket as soon as reasonably 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.

34.5     Continuances.   Unless by agreement of the parties, continuances of trial settings of small claims 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:

  1. By filing with the court a written request for continuance setting for the reasons for the necessity of the continuance, or;
  2. By appearing in person before the court on any regularly scheduled small claims court day prior to the scheduled hearing date and orally presenting the reasons for the necessity of the continuance.

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.

34.6     Dismissals for Lack of Prosecution.  Small claims cases may be dismissed by the court for want 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.

34.7     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.

34.8     Appeals.   An appeal from any judgment rendered under the Small Claims Procedures Act may be taken pursuant to K.S.A. 61-2709.

34.9     Satisfaction of Judgement.  Upon payment, in full, of any judgement, it shall be the duty of the judgement plaintiff to prepare and file a satisfaction of judgement.

RULE 35
APPOINTMENT OF INTERPRETERS

The Court, upon inquiry and interview of any person before the Court or upon motion or notice by counsel or a party, shall make a determination as to the necessity for an interpreter in accordance with K.S.A. 75-4351, et. seq.

Any person in need of interpreter services shall, personally or through his or her attorney, make written request for an interpreter at least seventy-two (72) hours prior to any hearing, proceeding or trial at which such services are necessary.  The notice shall contain the caption of the case and the date and time of the trial, hearing or proceeding.  It shall also specify the type of interpretation required.

The Clerk of the District Court shall maintain a list of qualified interpreters in accordance with K.S.A. 75-4353.  Upon receipt of the written notice, the Clerk shall secure a qualified interpreter from the list for the scheduled hearing.  Any party objecting to the selected interpreter must file with the court their objections prior to the hearing or trial.

Interpreters shall be paid for services and milage shall be reimbursed at a rate determined by the chief judge.  Fees for interpreters paid by the State Board of Indigent Defense Services shall be in accordance with standards adopted by such board.  Interpreter costs may be assessed to any party, person or entity as the Court deems appropriate, subject to any limitations provided by applicable law.

RULE 36
EFFECTIVENESS

These Rules are effective in the 6th Judicial District upon filing of the same with the
Clerk of the Supreme Court pursuant to Supreme Court Rule 105.

These Rules supersede and void any prior Rules of the 6th Judicial District.  All
administrative orders not specifically repealled remain in full force and effect.


URL: www.kscourts.org/dstcts/6ctrulesPart3.htm
Updated: April 10, 2012.