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Rules Adopted by the Supreme Court

Rules Relating to District Courts

Rule 131
Motions, Discovery, Pretrial Procedures, and Related Matters

Notice of Hearings and Trial Settings

(a) If any party seeks the hearing of any motion and it is not a motion which may be heard ex parte , notice of the hearing shall be given to all parties affected either by the party, or by the clerk at the direction of the judge, not less than seven (7) days prior to the date of hearing.

(b) Matters set for hearing or trial on other days shall be at the discretion of the judge and with not less than seven (7) days notice to the parties affected. If the matter is urgent, notice shall be given as is reasonable and possible under the circumstances.

(c) Nothing in this rule shall be construed to prevent the parties, acting through their respective counsel, from agreeing on a date for a hearing on a motion or trial of the action on its merits provided counsel first receives the approval of the date from the judge to whom the action is assigned.


Case Annotations
1. Motion to amend petition in tort action to include punitive damages claim not set for hearing as contemplated by rule. Sullwold v. Barcus, 17 Kan. App. 2d 410, 838 P.2d 908 (1992).
2. Notice requirement of Rule 131(b) not applicable to default judgments; Rule 132 allows court discretion to set hearing time. In re Marriage of Welliver, 254 Kan. 801, 869 P.2d 653 (1994).
3. The term "trial setting” in Rule 131 and 162 is compared to trial assignment in K.S.A. 22-3404(1) in discussion of defendant’s right to jury trial. State v. Bell, 20 Kan. App. 2d 193, 884 P.2d 1164 (1994).
4. Dissent notes the rule in discussion of proper notice of hearing to the party. In re Administration of Justice in the Eighteenth Judicial District, 269 Kan. 865, 9 P.3d 28 (2000).

[History: Am. effective September 8, 2006.]