Rule 204 Continuances in Criminal, Juvenile, Mental Illness and Alcohol/Drug Cases

Rule 207 Dismissal of Cases for Failure to Expedite; Automatic Dismissal of Chapter 61 Cases

Rule 209BMediation, Pretrial Hearing Procedure and Time Estimates in Domestic Relations Cases

Rule 302 Notice to Jurors of Continuance or Cancellation of Jury Trial - Ellis County

Rule 510. Cash Bond - Return After 90 days - Information Required When Submitted

Rule 511 Billing to Court or County for Appointed Attorney Services - Time Limits

The following procedures and requirements will apply to the filing of the various pleadings mentioned herein in the offices of the Clerks of the District Court of this district.

(a) All petitions and other pleadings which require the issuance of a summons shall be accompanied by the completed summons to be served, together with sufficient copies for service upon the party or parties to whom the summons is directed and for return of service of the summons by the process server.

(b) All requests for subpoenas shall be accompanied by the completed subpoena to be served together with sufficient copies to allow service upon the person to whom the subpoena is directed and return of service by the process server. If requested by the court or clerk in any case, a written praecipe for subpoena shall be filed prior to issuance of the subpoena or subpoenas.

(c) All requests for writs of execution or garnishment shall be accompanied by the writ of execution or garnishment, completed to the extent possible, and copies thereof for service and return of service by the Sheriff or process server.

(d) Requests for issuance of warrants, summonses or subpoenas in criminal cases shall be accompanied by the warrant, summons or subpoena to be served, completed to the extent possible, together with sufficient copies thereof for service upon the person to whom such documents are directed and for return of service of the documents by the process server.

(e) Case numbers for new case filings shall not be furnished by the Clerk of the District Court to any person or party in advance of filing of the case. Case numbers will be assigned to new cases by the Clerk of the District Court upon proper filing of the case.

(f) All orders to pay funds held by garnishees to the Clerk of the District Court shall be mailed or otherwise served upon the garnishee by the attorney or party seeking payment of the funds.

(a) Publication costs in all cases shall be paid by the attorney or litigant directly to the newspaper(s), subject to reimbursement through the court.

(a) Except in criminal cases all witness fees and mileage shall be paid by the attorney or litigant directly to the witness(es) subject to reimbursement through the court. Payments to witnesses by check, money order or similar method may be attached to the summons for delivery to the witness by the process server.

(a) 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 Ellis County.

(b) The Ellis 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.

(c) 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 services provided by counsel.

(d) In Ellis County, the chief judge

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

(a) No continuance will be granted and no hearing or proceeding will be considered as continued unless a written motion for continuance has been filed and a written order has been approved by the assigned judge or, in the absence of the assigned judge, the chief judge, prior to the hearing or trial in question. The requirement of a written order may be waived orally by a judge in an emergency situation on the condition that a written order be supplied by the attorney or party requesting the continuance as soon as practicable thereafter.

(b) In criminal, juvenile, alcohol or mental illness cases, if no continuance has been granted as specified in the above paragraph, and the prosecution or petitioner does not appear in court ready for the hearing with necessary witnesses available, the case will be dismissed for lack of prosecution. In the event a criminal defendant does not appear, it will be considered a violation of bond conditions, and a bench warrant will be issued for the defendant. In the event neither party appears, the case will be dismissed.

(c) No continuance will be granted on the day the hearing is scheduled in the absence of compelling cause for such continuance.

(a) In the event a defendant wishes to waive his or her right to a preliminary hearing, the defendant must appear at the time scheduled for the preliminary hearing to enter such waiver on the record.

(b) The judge assigned to the case, or in such judge’s absence, the chief judge, may, for good cause shown, issue a written order allowing a defendant to waive his or her right to a preliminary hearing in writing. An example of good cause which may form the basis for such order is the necessity for the defendant to travel a substantial distance to appear to enter his or her waiver.

(a) A written request for a record of testimony at a preliminary hearing must be filed with the court at least 48 hours prior to the scheduled hearing. The court may make a record without such request but will not be compelled to do so.

Rule 207. Dismissal of Cases for Failure to Expedite; Automatic Dismissal of Chapter 61 Cases

In order to assist our district court in complying with Kansas Supreme Court Standards relating to the timely resolution of cases, the following shall apply:

(a) Any case brought under Chapter 61 of the Kansas Statutes Annotated in which service of process upon a defendant or defendants has not been completed within 90 days of filing will be dismissed without prejudice. This period may be extended by timely application and written order of the court. The period will be extended for the time specified in the application and order.

(b) The court will periodically review all cases, of whatever nature, pending in this court to monitor compliance with Kansas Supreme Court standards for timely resolution of cases. In the event no action, or insufficient action, has been taken in such case, the court will notify the parties in writing that the court intends to dismiss the case after a period of time specified in the notice. The notice shall be sent to the attorneys of record, or if no attorney appears of record, the party or parties to such case, at the last known address of the attorney or party appearing in the case file.

(c) If no action or insufficient action is taken by the parties to expedite the resolution of the case within the time set forth in the notice, the court will dismiss the case without prejudice. As an alternative to dismissal, the court may take such other action as it deems appropriate to expedite the case after due notice to the parties.

(a) 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.

(b) Any person in need of interpreter services shall, personally or through his or her attorney, make written request for an interpreter at least 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.

(c) 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.

(d) 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.

This rule shall supplement K.S.A. 60-216, as amended from time to time, and Kansas Supreme Court Rule 140. In all K.S.A. Chapter 60 civil cases, including domestic relations cases, the following additional requirements procedures and requirements shall apply:

(a) As soon as practicable after filing of a K.S.A. Chapter 60 case, the court shall evaluate the case to determine its complexity and how best to bring the case through the litigation process and to final hearing. The court will make an order scheduling such hearings as a case management conference, a discovery conference and preliminary and final pretrial conferences. The court may also establish a preliminary trial date. Any pretrial conference not designated a preliminary conference in the order shall be considered a final pretrial conference. The court will, except in unusual circumstances, not schedule a final pretrial earlier than 21 days prior to trial.

(b) The names of witnesses, and their addresses, shall be listed in the pretrial questionnaire, which shall be filed with the court, and copies served on other parties to the case, at or before the time of the pretrial conference. Ordinarily, the court will not allow additional time after pretrial to list witnesses. General references to witnesses, without a witness’s name and address, such as “Records Custodian for Acme Corporation,” are unacceptable. Any witness not identified as required herein will not be allowed to testify at trial unless the court finds there is good reason for failure to list the witness as required, or to avoid manifest injustice.

(c) The parties or their attorneys shall prepare an exhibit notebook, containing copies of all intended exhibits. These notebooks shall not contain the original exhibits, but shall contain adequate copies of original exhibits. The court may waive this requirement concerning, and make necessary orders or provisions for, exhibits not reasonably amenable to copying and inclusion in the exhibit notebook. The notebooks shall be delivered to the other parties in the case, and to the judge presiding in the case, at or before the time of the pretrial conference. The judge’s copy of the exhibits shall not be filed of record, but a copy of the index hereinafter required shall be filed with the clerk, together with a certificate of service for the exhibit notebooks and the indexes showing service of copies thereof to the other parties to the case and the presiding judge.

The exhibits in the notebooks, and the original exhibits, shall be numbered. This procedure is adopted for clarity of the record, and to save time at trial. An index shall be prepared and placed as the first page or pages in the exhibit notebook. The index shall contain a brief description of each exhibit opposite the exhibit number.

Any exhibit not contained in the notebook, or not filed with the court and served on other parties to the case in accordance with this rule, shall not be admissible at trial unless the court finds good cause for failure to comply herewith, or allows the exhibit into evidence to avoid manifest injustice.

(a) Definition of Contested Domestic Relations Case. As used in this rule, the term “contested domestic relations case” shall mean actions for divorce and separate maintenance or child custody and post judgment motions for change in child custody, support or visitation, in which evidence is to be presented to the court, and the resolution of all or part of the issues is to be by decision of the court rather than by agreement of the parties.

(b) Contested Domestic Relations Cases, Necessity for Pretrial Conference Prior to Trial Setting, Exceptions. In all contested domestic relations cases a party wishing to schedule a trial or other contested hearing in which some or all of the issues presented in the case will be before the court for final disposition shall schedule a pretrial conference with the court, the pretrial conference to be held no less than seven days prior to the trial or hearing. No trial or final hearing shall be conducted by the court unless there has first been a pretrial conference, or an order of the court is entered excusing the requirement for a pretrial conference for good cause shown. A pretrial conference may also be scheduled by the court.

(c) Pretrial Conference, Presence of Parties Required; Exceptions. All party litigants in any contested domestic relations case shall be personally present at the pretrial conference, except that any party who resides 100 or more miles from the court house where the pretrial conference is to be held shall not be required to attend so long as that party is available for contact by telephone by the court or counsel at the time of the pretrial conference, and at all times during the pretrial conference. For good cause shown, the court may excuse the personal presence of a party or the requirement that a party be available for telephone contact.

(d) Pretrial Questionnaire Required; Form. Each party, personally or by their attorney of record, shall, at or before the time of the pretrial conference, supply the court and all other parties in the case a completed and signed pretrial questionnaire in substantial conformity with the form set forth in Appendix A of these rules.

(e) Mediation Required in Disputed Child Custody or Visitation Matters; Exceptions. The parties to any contested domestic relations case in which child custody or visitation is disputed shall, prior to any trial or hearing in which these issues are to be finally decided by the court, submit the disputed issues of custody and/or visitation to mediation. This requirement may be excused by the court for good cause shown. This provision does not apply to interlocutory orders.

Rule 209C. Pretrial Conference Required In Certain Child In Need Of Care and Juvenile Offender Proceedings.

Unless waived by the court, a pretrial conference shall be held in all Child in Need of Care and Juvenile Offender Proceedings prior to any hearing, such as a hearing for temporary orders, adjudication or disposition, or for review, which hearing is scheduled for two hours or more on the court’s calendar. The pretrial shall be scheduled by the party requesting the setting for the hearing.

The pretrial procedure specified in Rule 209A(b) and ( c) hereof shall apply, except that the parties may, prior to the pretrial, request an alternate method of listing witnesses or exhibits, and request alternate or additional pretrial procedures.

(a) No ex parte or interlocutory order shall be entered unless the party presenting same shall have complied with Kansas Supreme Court Rule 139 and shall have completed a Child Support Worksheet pursuant to the Kansas Child Support Guidelines. If possible, actual rather than estimated income shall be used in completing the Rule 139 statement and the Child Support Worksheet.

(b) No ex parte orders shall be entered for the spousal maintenance of either party.

(c) Except in extraordinary cases, no ex parte interlocutory order for support of a child shall take effect prior to the expiration of 14 days from its entry. The obligor under said order shall be entitled to an evidentiary hearing thereon within 10 days of its entry.

(a) A compromise settlement must be shown to be acceptable in law or fact. If such compromise is less than suggested in the child support guidelines, the law or facts supporting such compromise must be stated to the court and set forth in the journal entry.

(a) Pursuant to K.S.A. 60-1608, parents involved in pending divorce or separate maintenance case shall attend a counseling seminar on the impact of divorce on children. The class shall be conducted by High Plains Comprehensive Mental Health Center. This requirement may be excused by the Court for good cause shown.

(a) 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 court, but only with the consent of the person or persons to be interviewed.

(a)Any motion to withdraw as attorney of record shall have attached thereto a NOTICE OF INTENT TO WITHDRAW AS ATTORNEY in substantial conformity with the form set forth in Appendix C to these rules. The movant attorney shall place all required information into the Notice form specific to the case and client to which the motion is applicable.

“If you have objection to this motion, you must state your objection in a written document which must be filed with the court no later than the ____ day of ____________, 20__. A copy of the written objection should be sent to the undersigned at the address for the undersigned set forth on this motion. If you fail to timely file your written objection, the court may grant this motion without further notice. If you file your written objection, the court will set a time and date for a hearing on the motion and your objection thereto and you will be notified of the time and date at your address set forth in the Notice of Intent to Withdraw as Attorney attached hereto. If this is not your correct address, you must include your correct address in your written objection to the motion filed with the court.”

The movant attorney shall, in the blanks provided, set a date not less than 7 days from the date of service of the motion for the client’s written objection to be filed with the court. If such objection is received by the court, the court will set a hearing on the motion and the objection and notify the movant attorney, the client or clients and any other party or parties to the case of the time and date thereof.

(c) The motion shall, as specifically as possible without violating client confidentiality or other ethical or legal rules, set forth the reasons the movant attorney desires to be relieved of his or her responsibility to the court and the client.

(d) No order allowing counsel to withdraw shall be granted by the court unless and until there has been substantial compliance with the provisions of this rule. The court retains the discretion to deny any such motion if appropriate, even if unopposed by the client.

(e) This rule does not apply if another attorney authorized to practice law in this state has entered his or her appearance of record to represent the client, or if the attorney makes motion on the record to withdraw, and the client states his or her consent on the record to the withdrawal. Adopted 11/03/00.

(a) When a plea of guilty or no contest is to be entered by a defendant pursuant to an agreement with the prosecutor, the agreement must be reduced to writing, must be signed by the prosecutor, the defendant and the defendant’s attorney and filed of record prior to the appearance of the defendant before the judge for plea. The written agreement shall state in detail all provisions of the agreement between the parties, including, but not limited to, charges to be dismissed, charges to be amended, restitution to be paid by the defendant, recommendations to be made by the prosecutor or defense, and any agreement of the prosecutor or defendant not to oppose motions or requests by the other party in any hearing or hearings.

(d) The provisions of this rule may be waived by the court for good cause shown.

(a) In any hearing in which a proceeding has been designated an extended jurisdiction juvenile proceeding, the judge presiding shall cause a preliminary hearing date to be set. If the respondent is bound over for arraignment after preliminary hearing, or if a preliminary hearing is waived by the respondent, the judge presiding shall cause an arraignment date to be set.

(b) Thereafter, proceedings shall be governed by the law, rules and policies applicable to the adult criminal process. The respondent shall be entitled to the full protections of the Kansas Code of Criminal Procedure.

(c) If the extended jurisdiction juvenile prosecution results in a guilty plea or a finding of guilt, the presiding judge shall, in due course, enter both a juvenile and an adult sentence in compliance with the provisions of K.S.A. 38-16,126 as it may, from time to time, be amended.

Rule 217. Motions To Suppress Evidence In Criminal And Juvenile Offender Cases - Motions Not Timely Filed And Set For Hearing Deemed Waived.

(a) Unless additional time is granted by the court for good cause shown, motions to suppress evidence shall be filed, at the latest, within ten (10) days after arraignment or trial setting, whichever first occurs.

(b) When a motion to suppress evidence is filed, it shall be the responsibility of the movant to set the motion for hearing within 48 hours after filing the motion. Additional time to set the motion for hearing may be granted by the court for good cause shown.

(c) Motions to suppress evidence not filed and set for hearing in compliance with this rule shall be deemed to have been waived.

a. Whenever a party requests or seeks to obtain by subpoena, the disclosure of a patient’s privileged information or records, as defined in K.S.A. 65-5601, et seq., HIPPA or other applicable law, the requesting party shall file a motion with the district court. The motion shall specify the applicable exception or exceptions to the privilege as provided in K.S.A. 65-5603, HIPPA, or other applicable law which the requesting party contends will permit the disclosure of otherwise privileged information or records.

b. A copy of the motion shall be served, with the subpoena requiring their attendance in court, upon the treatment facility, treatment personnel, or ancillary personnel from whom the requested information or records are sought. Except as provided in subsection d. of this rule, the treatment facility, treatment personnel or ancillary personnel shall comply with the subpoena by appearing at the time and place specified in the subpoena, with the records or information contained therein.

However, if the facility or personnel have objection to disclosure of the records or information, such facility or personnel may file such objection in writing prior to or at the time of the court hearing for which the subpoena was issued, or may do so orally at the hearing for which the subpoena was issued. Such facility or personnel may be represented by counsel at the hearing strictly on the issue of compliance with the subpoena and the issue of privilege. The court shall, at the time and place specified in the subpoena, determine whether the privilege applies and whether the information or records should be disclosed.

c. In the event a business records subpoena or similar subpoena is issued for the information or records, which subpoena does not require attendance at a hearing by any employee or agent of the facility, or by other pesonnel, the motion specifying the exception or exceptions to the privilege which may apply shall be served with the subpoena. The subpoena shall be served at least ten (10) days prior to the date for compliance with the subpoena, unless excused for good cause by the court as shown in an order which shall also be attached to the subpoena.

The facility, treatment personnel or ancillary personnel to whom the subpoena is directed shall have up to ten (10) days or to the date specified by the court order referred to in the preceding sentence, to file a written objection to the subpoena. If such objection is filed, the party who caused the subpoena to be issued shall set the issue for hearing and notify all other parties to the case and the facility or personnel to whom the subpoena was issued of the time and place of said hearing. At the hearing the court shall determine if the privilege applies and whether the information or records should be disclosed.

d. The treatment facility, treatment personnel or ancillary personnel shall not be required to comply with a subpoena or written request for records or information where the requesting party has failed to attach to the subpoena the motion setting forth the applicable exception or exceptions to the privilege as provided in K.S.A. 65-5603, HIPPA, or other applicable law which the requesting party contends will permit the disclosure of otherwise privileged information or records.

The foregoing Local Rule 218 is adopted by the 23^rd Judicial District effective on the 30^th day of January, 2008, or upon filing with the Kansas Supreme Court, whichever is later

(a) The jury commissioner will draw, on order of the court, a sufficient panel of jurors to serve for such period as specified by the court.

(b) Jurors will be summoned by First Class Mail and shall be required to answer a questionnaire regarding their qualifications as provided by K.S.A. 43-161 and amendments thereto. Those not responding shall be personally summoned by the Sheriff upon request of the court.

(c) Jurors summoned shall be on the jury panel for the entire term or period specified in the summons; however, a juror shall only be required to appear in court in a single case, and whether chosen to serve on a jury or excused for cause or after peremptory challenge, shall not again be required to appear or serve during the jury term.

(d) Jurors who have been summoned shall be required to report at a time and place specified upon notice, which notice may be by telephone or mail. The court will make every reasonable effort to issue such notice at least one week in advance of the date and time the juror is to appear.

(a) In Ellis County, jurors are required to place a call to the automated message system maintained by the court after 5:00 p.m. on the day prior to the date jurors have been notified to appear in court.

(b) The court will inform jurors of the requirement in subsection (a) above, and of the telephone number for the automated message system, at the time they are summoned and also at the time notice is given to them to appear in court.

(c) Any juror who appears after notice of continuance or cancellation of a trial has been posted on the automated message system shall not be entitled to payment of the juror fee or milage, and shall not be released from juror summons.

(a) If a juror, not excused therefrom by the court, fails to appear at the time and place specified in the notice given in accordance with these rules, a judge may cause the Sheriff to deliver the juror before the Court. Failure of a person summoned to appear, unless reasonable cause for such nonattendance is shown to the satisfaction of the court, shall be punished by the imposition of a fine not exceeding one hundred dollars ($100) for each day of un excused absence, pursuant to K.S.A. 43-165.

(a) No spectator, counsel or party shall wear a hat or similar head covering in the courtroom unless given permission to do so by the presiding judge for health or other compelling reason shown.

(b) No spectator, counsel or party shall carry a sign or display pins, buttons or other materials designed to communicate a position or message to others while a trial or hearing or proceeding is taking place.

(c) No spectator, counsel or party shall carry on a conversation with another person or persons or engage in any other distracting activity while court is in session.

(d) Persons Subject to Search. All persons seeking entry to a courtroom are subject to search by the Sheriff, Bailiff, or other officers designated by the Sheriff or the court. Such searches may include briefcases, parcels, purses or other containers carried by persons seeking entry to a courtroom.

(e) Weapons. With the exception of weapons carried by law enforcement personnel, no weapons other than exhibits shall be permitted in any courtroom. No person shall bring a weapon other than an exhibit into any courtroom except as specifically permitted by this rule. The court may require that any weapon intended for introduction as an exhibit be presented to the Sheriff or other person designated by the court for a safety check before it is brought into any courtroom, and the court may further require than any weapon intended for introduction as an exhibit be retained in the custody of the Sheriff or other person designated by the court before and after its introduction as an exhibit.

Rule 305. Form of Objections. Objections should be brief, concise and no longer than is necessary to state the nature of the objection. In most cases, this will constitute only a few words. Additional argument or “talking objections” will be considered improper. When the court has ruled on an objection, there will be no additional argument.

(a) Judgments paid to the Clerk of the District Court by check may be endorsed without recourse and forwarded to the recipient.

(a) No exemptions to Supreme Court Rule 185 shall be granted, except upon written motion and order entered by the assigned judge. The motion shall comply with Supreme Court Rule 185.

(a) The following procedure shall be used in scheduling motions for revocation of probation.

(1) No motion for revocation of probation case shall be heard on a Motion Day unless the defendant has stipulated in writing that he or she has violated the terms of his or her probation, which writing shall be filed with the court prior to the hearing on the motion. The signature of the defendant is required. The signature of defendant’s attorney is insufficient.

(2) No motion for revocation of probation shall be heard on a Motion Day if either party intends to call a witness or witnesses or the hearing is expected to last, or in fact lasts longer than 15 minutes.

(3) Any hearing on a motion for revocation of probation which, under the previous provisions, may not be heard on motion day shall be specially set by the court or by counsel.

(a) The respective Clerk of the District Court in each county of the 23^rd Judicial District is hereby designated as fiscal officer for his or her county. Duties of the fiscal officer shall include: maintaining accounts concerning all monetary and budgetary matters, monthly reporting of budget status to the Chief Clerk and preparation and submission of vouchers or purchase orders to the respective Boards of County Commissioners with approval of the chief judge as specified by the chief judge.

(a) Official court files may be checked out only to attorneys and licensed abstractors with a place of business within the county where the files are maintained. Files may be checked out for a period of fifteen (15) days and may be recalled at any time by any judge of the district court or Clerk of the District Court.

(b) Depositions and exhibits may be checked out only to attorneys of record in the applicable case. Care and custody of those records shall be in accordance with the rules of the Kansas Supreme Court.

(c) No file shall be removed from the Clerk’s Office under these rules until notice is given to the Clerk of the Court, and a written checkout slip has been completed, containing a case caption, the name, address and telephone number of the person removing the file, and the date of removal.

(d) The Clerk shall maintain an index of files removed from the Clerk’s office, and shall retain the completed checkout slip until the file has been returned to the court.

(a) The Clerk of the District Court shall charge $2.50 per page for sending a facsimile transmission and $1.50 per page for receiving a facsimile transmission. There will be no charge for receiving any facsimile documents to be filed or processed by the court. Fees collected for facsimile charges shall be paid monthly into the county general fund.

(a) Pursuant to Kansas Supreme Court Rule 172, the chief judge of the Twenty-third judicial district may appoint hearing officers. The chief judge shall do so by Administrative Order, which shall be on file in the offices of each of the Clerks of the District Court of this district and may be amended from time to time as deemed necessary by the chief judge.

(a) Pursuant to Supreme Court Rule 1001, the chief judge shall appoint a media coordinator whose powers and responsibilities are set forth in said rule. The chief judge shall do so by Administrative Order, which shall be on file in the offices of each of the Clerks of the District Court of this district and may be amended from time to time as deemed necessary by the chief judge.

Pursuant to his or her duties under Kansas Supreme Court Rule 107, the chief judge shall:

(a) Establish dates for motion days in the counties of this district and shall assign a judge or judges to preside over motion day dockets. The chief judge shall cause motion day calendars to be prepared and distributed to the bar and the public in each of the counties on or before December 1 of each year, the calendar to set forth dates for motion days for the following year. The chief judge may reschedule motion days if necessary throughout the year.

(b’s) Devise, adopt, and when necessary revise, a method or methods to apportion cases among the judges of the district as equally as possible.

(a) All child support and spousal maintenance payments shall be paid through the Clerk of the District Court.

(b) Checks, money orders and similar methods of payment must name the Clerk of the District Court as payee. Any check, money order or similar document not made payable to the Clerk of the District Court will not be accepted and will be returned to the payer.

(c) All written orders or journal entries establishing or modifying child support or spousal maintenance obligations shall contain a provision requiring compliance by the parties with subsection (a) and (b) of this rule. The attorney or party responsible for the preparation of such written order or journal entry is required to include such provision.

(d) The Clerk of the District Court shall not accept a personal check from a payer that has on two previous occasions given the Clerk a worthless check for payment of child support.

(a) The chief judge shall establish a Court Trustee under the provisions of the applicable statutes and Supreme Court Rules. The establishment of the Court Trustees and Trustee office shall be by Administrative Order, which may be amended from time to time. Any such rule in effect on the date this rule is adopted shall continue in effect until amended by the chief judge by Administrative Rule.

(a) Unless exempted as hereinafter provided, all orders for support of a child or spousal support, except interlocutory orders, shall be placed with the Trustee for trustee services.

(b) Written requests by the parties in a support case for exemption from Trustee services, including monitoring, establishment, modification or enforcement by the Trustee shall be sent to the Trustee or the chief judge of the 23^rd Judicial District. The chief judge, or another District Judge designated by the chief judge, shall make the determination and shall send written notification thereof to the parties, their attorneys and the Court Trustee. The chief judge’s determination shall be based upon the totality of the circumstances for the best interests of the child or children. The factors to be considered in making the determination shall include, but not be limited to, the following:

(i)A written agreement exists which has been signed by all interested parties or their attorneys. Interested parties include obligors, obligees, guardians ad litem and the District Court Trustee. IV-D cases from the Kansas Department of Social and Rehabilitation Services cannot be exempted from the Trustee program.

(ii)A high degree of probability exists that the support payments will be made in compliance with the court order. The factors considered and the rationale for granting good cause shall be set forth in the chief judge’s order of exemption. Factors indicating such probability include, but are not limited to: An automatic withdrawal authorization to the obligor’s bank has been made; a military allotment exists; an automatic payment from another source has been established; a performance bond equal to support for six months has been furnished; an income withholding order has been served upon obligor’s employer or payer and the income withholding order is being monitored, modified or enforced by a private attorney; good payment history; and any other factor considered by the chief judge to be indicative of the obligor’s willingness and ability to comply with the court order.

(c) A history exists of the obligor having made or the obligee having accepted direct payments in violation of an order of the court or K.S.A. 60-1610(a)(1) within the last twelve months.

(d) No single factor listed herein shall be determinative of the outcome of the request for exemption.

Rule 510. Cash Bond - Return after 90 days - Information Required When Submitted

(a) 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 B) has been furnished to the court.

(b) If charges have not been filed against the person or persons for whom the cash bond was posted within 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.

(c) 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.

Rule 511. Billing to Court or County for Appointed Attorney Services - Time Limits

(a) Billing must be submitted within forty-five (45) days after final order in a case for fees for attorney services in case in which the county or the court is responsible for payment of such fees. The bill must be submitted to the Clerk of the District Court of the appropriate county. Any bill not submitted within the time limits herein established may be rejected by the court or county. This rule is necessary to meet budgetary requirements.

(b) The court may request an interim bill for services for cases mentioned in subsection (a) at any time after due notice to the attorney involved.

(b) This rule is not applicable to attorney fees payable by the Kansas Indigent Defense Fund, which is governed by its own rules.

(a) The Clerk of the District Court in each county will maintain a complete set of district court rules. Copies of any or all rules will be provided at the standard charge for copies.

(a) Penalties or remedies for violation of these local rules shall include, but not be limited to, the penalties or remedies provided herein. The court may impose any other penalty or remedy for violation of these rules as may be provided by law or be inherent in the powers of the court.

(a) All Local Rules of the 23^rd Judicial District adopted prior to the date of the adoption hereof, shown below, are hereby repealed. This repeal of prior local rules shall not have the effect of repealing Administrative Rules heretofore promulgated by a chief judge.

THESE LOCAL RULES ARE ADOPTED BY THE 23^RD JUDICIAL DISTRICT THIS 13th DAY OF MAY, 1999 BY ALL OF THE JUDGES OF THIS DISTRICT.

List the issues you believe will be presented to the Court for decision in the trial of this matter:

State any requests for admission or stipulations you desire from the opposing party:

Are there any rulings which you desire the Court to make prior to trial, or which you believe would expedite the trial of this case?

Is discovery complete? If not, state discovery which you desire to complete, and an estimate of the time for completion of this discovery.

Is there any need for special reports from psychologists, psychiatrists, schools, etc.? If so, specify.

If this is a motion for change of child custody, support or visitation, state what facts constitute a change in circumstances justifying a new order, or state why it is unnecessary to show a change of circumstances:

NOTE: A COMPLETED STATEMENT UNDER RULE 164 OF THE KANSAS SUPREME COURT MUST BE SUBMITTED WITH THIS QUESTIONNAIRE.

________________________,

Plaintiff,

vs.

________________________,

Defendant.

Case No. _____________

You are hereby notified by the undersigned attorney that __he intends to withdraw as your attorney of record in the above captioned and numbered matter in accordance with the motion to which this Notice is attached. As a result, it is critical you should pay heed to the following:

You may object to the motion of the undersigned to withdraw in the manner set forth in the motion to which this Notice is attached. If you do not object or if you do object and, after hearing, the court enters its order allowing the undersigned to withdraw as your attorney of record, the following apply:

1. The above named court in which this action is filed retains jurisdiction over you and the subject matter of this action.

2. You must keep the court and opposing parties informed in writing of the address to which notices, pleadings and other papers may be served upon you.

3. You have the obligation to prepare for and appear at all further hearings scheduled, if any, and to retain counsel for such hearings if you desire. [In a case where is or might be entitled to appointed counsel, add the following: If you desire to have the court appoint counsel for you, you should immediately contact the court and make a request for appointed counsel.]

4. If you fail to meet your obligations described above, [judgment by default may be entered against you] (or) [a bench warrant may be issued for your arrest] (and/or) [the court may impose sanctions upon you.]

5. Your case is on file in the Court under the caption and case number stated above

_____________________________ on the ___ day of ___________, 20__ at _______ o’clock ___.m.