PREFACE

             The following Rules are adopted by the Judges of the Fourteenth Judicial District (Montgomery and Chautauqua Counties), pursuant to Kansas Supreme Court Rule 105.  They are subservient to the Kansas Code of Civil Procedure, the Kansas Rules of Evidence and the Kansas Supreme Court Rules for District Courts and should be relied on only subsequent to reading those.   

These rules may be amended by the judges of this judicial district.  These rules and any amendments become effective upon the filing of the same with the Clerk of the Kansas Supreme Court.  All prior rules of the Fourteenth Judicial District are repealed upon these rules becoming effective.

            Any of these rules may be modified by the judge presiding over any action to meet emergencies or to avoid injustice or great hardship as determined by that judge.

GENERAL AND ADMINISTRATIVE

RULE NUMBER ONE

RULES OF DECORUM

When appearing in Court, all attorneys shall be suitably attired, and to the extent possible shall advise their clients to be similarly attired in apparel other than shirts without collars, shorts, sandals, overalls, torn or tattered jeans.

            All persons seeking entry to a courtroom are subject to search of their person or possessions by the Sheriff or his designee.

            No one shall display materials in the judicial center area designed to communicate a position or message to others while court is in session.

            With the exception of peace officers no weapons other than exhibits shall be permitted in any courtroom or the judicial center.

            Food or beverages or active communication devices are not allowed in the courtroom.  Reading or engaging in any other activity which interferes with giving attention to the court proceedings is prohibited.

            Attorneys or pro se litigants shall rise when addressing the Court, and shall make all statements to the Court from the counsel table or the lectern facing the Court.  They shall approach the bench or witness only with leave of the judge.

RULE NUMBER TWO

REGULAR DOCKETS

Independence -

            Each Monday:

               9:00 a.m. – Uncontested Domestic and Civil matters

              10:00 a.m. – Child Support Enforcement matters

               1:30 p.m. – Juvenile matters

            Each Tuesday:

               9:00 a.m. – Criminal cases originating in North half of County

              11:00 a.m. – Care and Treatment hearings

               1:30 p.m. – Preliminary Hearings

    Each Thursday:

       9:00 a.m. – Criminal cases originating from South half of County

       9:00 a.m. – Probate*

       9:30 a.m. – Limited Actions

      10:00 a.m. – Small Claims*

      11:00 a.m. – Care and Treatment hearings

        Coffeyville –

            Each Tuesday:

               9:00 a.m. – Probate*

               9:30 a.m. – Limited Actions*

              10:00 a.m. – Small Claims*

            Each Wednesday:

               9:00 a.m. – Uncontested Domestic and Civil matters

              10:00 a.m. – Child Support Enforcement matters

            2^nd & 4^th Wednesday:

              10:00 a.m. – Traffic (except DUI & other certain offenses)*

            Every 3^rd Wednesday:

               1:00 p.m. – Juvenile Offender cases originating from South half of County          

            Each Thursday:

               1:30 p.m. – Preliminary Hearings

        Sedan - 

            Each Monday:

               9:00 a.m. – Criminal 1^st Appearances*

                           Probate*

                           Limited*

                           Small Claims*

            Each Wednesday:

               9:30 a.m. – Criminal Arraignments

                           Uncontested Civil and Domestic matters

            Each Friday:

               9:00 a.m. – Criminal 1^st Appearances*

                           Traffic*

                           Juvenile*

 * denotes magistrate presiding

RULE NUMBER THREE

FILING & ASSIGNMENT OF CASES

1. Filing of Cases:  Criminal, Juvenile, and Care and Treatments cases shall all be filed in Independence.  All other actions in Montgomery County may be filed in either Coffeyville or Independence.  Files and records will be maintained in the office in which the case is filed.
2. Assignment of Cases:  Assignment of cases shall be as the judges in this district shall agree.
3. Assignment Process:  The clerk in each office shall assign files in each case category rotationally among the three district judges except for uncontested foreclosures, SRS support establishment and URESA cases.  The magistrate shall hear all Traffic, Probate, Limited and Small Claims.  Appeals from the magistrate shall be assigned to a district judge by rotation within each case category.
4. Refiled Cases:  Any case dismissed and refilled shall be assigned to the same judge to whom it was previously assigned.
5. Assignment of Consolidated Cases:  Companion cases shall be assigned to the judge having the case assigned the first case number.
6. Unavailability of Judge:  When a judge is unavailable, any case assigned to that judge may be tried and any pending motion heard by any other available judge in this district on the consent and agreement of the available judge.  Ex parte orders and agreed orders may be similarly granted when an assigned judge is unavailable.
7. Reassignment:  When any judge has occasion to ask that a case or cases be reassigned, such reassignment shall be: a) by consultation and agreement between the judges; b) by the method of random assignment set forth in paragraph 2 above; or c) by the Chief Judge. 

RULE NUMBER FOUR

CLERKS OFFICE HOURS

            As a general rule the District Clerk’s offices shall be open to the general public from 8:00 a.m. to 5:00 p.m. each working day.  The Chief Judge and/or the Court Administrator may, however in accordance with Kansas Supreme Court procedures, authorize the closing of any clerk’s office to accommodate emergencies, weather conditions, court house closings, personnel issues or to complete accumulated filing, docketing and accounting records.

RULE NUMBER FIVE

RECORDS, FILES AND EXHIBITS

            All files checked out to court officers, abstractors or members of the bar pursuant to Supreme Court Rule 106 shall be returned within five (5) business days unless an earlier return is requested or a longer period is permitted by order of the court.

RULE NUMBER SIX

DISPOSAL OF EXHIBITS AND SUBPOENAED BUSINESS RECORDS

            When business records are subpoenaed into the clerk’s office pursuant to K.S.A. 60-245a, records not introduced into evidence or otherwise made part of the record will be disposed of upon termination of the case.  If return of the records has not been requested by the record custodian, the clerk will destroy said records, or they may be released to counsel of record with the written consent of the record custodian.

            Likewise, all exhibits in any non-criminal or juvenile case not withdrawn are subject to destruction 30 days after the case is terminated unless an appeal is docketed.

RULE NUMBER SEVEN

JURY QUESTIONNAIRES

            Jury questionnaires shall be confidential.  Jury questionnaires will be available to counsel prior to trial dates.  Copies may be made, but are to be destroyed or returned to the court at the conclusion of the trial.  Neither counsel nor the parties shall keep any copies of juror questionnaires and all information contained therein shall remain confidential.

RULE NUMBER EIGHT

VOIR DIRE EXAMINATION

     Questions asked and answered on juror questionnaires shall not be unnecessarily repeated by counsel during voir dire examination.  Counsel should, so far as practicable, direct questions to the panel as a whole, avoid unnecessary repetition of questions, and avoid eliciting promises, posing hypotheticals and inquiring about anticipated instructions and the law.

RULE NUMBER NINE

MONIES INVOLVED IN CASES BEFORE THE COURT

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

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

            When the action has been resolved by settlement or judicial determination, said funds shall be paid out only upon order of the court providing for distribution, division or apportionment thereof and of any interest accumulated thereon.  Unless otherwise ordered, interest shall be payable to the person found to be the owner of the principal fund deposited, or if more than one owner, proportionately on the basis of the division of the principal amount.

          Accounts receivable on cases that have reached maturity will be turned over for collection with a collection agency selected by the Clerk of the Court.  A case is deemed mature:

1. Traffic              -           Once a suspension/bench warrant has been issued

                           or, when probation is involved, six months after

                           there has been no payment.

     2.   Juvenile            -       Once the juvenile has turned eighteen (18) years of age.

     3.   CINC         -       Six months after no payment has been made.

     4.   Criminal           -       Six months after no payment has been made or immediately

                                 following incarceration in a state correctional facility.

     5.   Other               -       When requested by the Judge, District Clerk or Court

                                 Service Officer.

RULE NUMBER TEN

PREPARATION OF PAPERS

            Except as otherwise specifically directed by statute, attorneys appearing in this district shall be required to complete all summons, garnishment orders, and subpoenas.  Blank forms will be provided by the clerks on request.  Process papers shall be accompanied by a check in the appropriate amount payable for the fees and charges of the process server.  Subpoenas shall be accompanied by a check for the statutory witness and mileage fees.

RULE NUMBER ELEVEN

CHAMBERS COPIES

            It is counsel’s responsibility to direct a chambers copy of every item filed in a case to the assigned judge.  All such copies and correspondence concerning the case shall be directed to the assigned judge at the assigned judge’s address.

RULE NUMBER TWELVE

PUBLIC RECORDS SEARCH REQUESTS

            Purpose:  The purpose and goal of this rule is to guide the access of public records under control of the courts in this district, to protect court records from damage and disorganization, to prevent excessive disruption of court functions, to provide guidelines for requesting and obtaining information and to ensure effective and timely action in response to requests for inspection of public records.  [K.S.A. 45-215 et seq., K.S.A. 28-170, Kansas Supreme Court Administrative Order No. 156.]

            Public Information Officer:  The 14^th Judicial District Court Administrator shall be the Public Information Officer for this judicial district.

            Hours of Inspection:  Public records shall be open for inspection during the time the District Clerks Offices are open to the general public.

            Access to Records:  Inspection requests should be made in writing on a form to be provided by the Clerk.  The use of the form is encouraged but not mandatory in all circumstances.  The Clerks of the Courts in this district have designated all trial court clerks as additional persons to be custodians of the records for the purposes of the Open Records Act.

            Fees:  The fee to be paid for a copy of any record and for certification shall be set by the clerk.  An hourly access fee of not less than $12.00 per hour may be assessed for employee time when concentrated attention of a custodian of the records is required.  Payment in advance of the custodian’s estimated fees may be required.

            Clerks Authority:  No district court employee may conduct a search that requires the making of a legal judgment or determination.

            Criminal Records:  Requests for criminal record searches for employment, credit or the like shall be referred to the executive branch agency most likely to have centralized reference files, e.g., the Kansas Bureau of Investigation or the Division of Vehicles.

            Confidential Records:  Certain court records are confidential and are excepted from public examination and disclosure under the Kansas Open Records Act.  The disclosure of these records is specifically prohibited or restricted by federal law, state law or by Kansas Supreme Court Rules.  Confidential records include, but are not limited, to the following:

Description of Confidential Record                                                       Authority

Certain sections of a criminal presentence investigation report       K.S.A. 21-4714(c)

Expunged criminal records including diversion agreements             K.S.A. 21-4619

and juvenile offender records                                                        K.S.A. 38-2312

Affidavits or sworn testimony in support of the issuance of a          K.S.A. 22-2302

Search warrant or summons                                                         K.S.A. 22-2502

Unserved arrest warrants in criminal cases                                   K.S.A. 21-3827

Non-moving traffic violations                                                       K.S.A. 8-1560d

Grand jury proceedings                                                               K.S.A. 22-3012

Certain juvenile records                                                               K.S.A. 38-2201 & 2309

Adoption records                                                                        K.S.A. 59-2122

Certain employee personnel records                                            K.S.A. 45-221(a)(4)

Mental illness, alcohol, and drug abuse treatment records             K.S.A. 59-2979

RULE NUMBER THIRTEEN

MEDIA COORDINATOR

            In accordance with Kansas Supreme Court Rule 1001 (9) the 14^th Judicial District Court Administrator is designated as Media Coordinator.

RULE NUMBER FOURTEEN

JURY ADMINISTRATOR

            In accordance with 10 (c) of the Kansas Supreme Court Standards relating to jury use and management the Clerk of the District Court of each respective 14^th Judicial District Court or that clerk’s designee shall be the jury administrator.

RULE NUMBER FIFTEEN

PRO TEM JUDGES

            Whenever all of the four District Judges are all simultaneously absent from the District the Municipal Judges of Independence, Coffeyville and Sedan, Kansas are hereby designated Judges Pro Tem of the Fourteenth Judicial District.

RULE NUMBER SIXTEEN

PROCESS SERVERS

            Process Servers appointed under the provisions of K.S.A. 60-303 and K.S.A. 61-1803 shall be appointed for no more than a period of one year, expiring on December 31 of each year for which appointed.

            The appointment of a Process Server shall be limited and so state in the Order of Appointment that it is for the purpose of serving process under K.S.A. 60-303 and K.S.A. 61-1803 without authority to serve Writs of Execution, Orders of Attachment, Replevin Orders, Orders for Delivery, Writs of Restitution and Writs of Assistance.  The appointment may be made by any District Judge in this district.

All Process Servers shall comply with the General Guidelines for Process Servers issued by the court.

The person being appointed as a Process Server shall state in an application, under oath, that he or she has no felony or misdemeanor convictions, or list such convictions.  Accompanying the Application for Appointment of Process Server shall be an affidavit by an attorney duly authorized to practice law in the State of Kansas, which attest to the good reputation of the person applying for appointment.

JUVENILE MATTERS

RULE NUMBER SEVENTEEN

UNIFORM PROCEDURE FOR EXTENDED JURISDICTION JUVENILE PROSECUTION

The basic procedure for processing extended jurisdiction juvenile prosecutions in this judicial district pursuant to K.S.A. 38-1636(a)(3) and the mandate of K.S.A. 38-1636(f)(2), are as follows:

1.    Any motion filed by the State of Kansas seeking to designate proceedings as an extended jurisdiction ("EJ") juvenile prosecution shall be filed within thirty (30) days of the initial filing of charges against the Respondent.  A request to file said motion out-of-time may be granted only for good cause shown.

2.    A motion seeking EJ status shall be set for hearing by the court as soon as is    reasonably practicable.

3.     Pursuant to K.S.A. 38-1636(b), the State of Kansas shall include, in any motion seeking EJ status, a statement that the prosecuting attorney will introduce evidence to the offenses alleged in the compliant and request that, on hearing the motion and designating the proceedings as an EJ prosecution, the court may make the finding provided in K.S.A. 22-2902, and the finding that there is no necessity for further preliminary examination.

4.      Any motion seeking EJ status shall identify by name and address all persons who are to be notified of the hearing pursuant to K.S.A. 38-1636(c).  The motion shall be accompanied by a proposed Order for Hearing for the Clerk’s use in scheduling and providing notice.  The clerk of the court will send notice, by first class mail, of the date, time and place of hearing, to all persons listed in the motion.

5.    The original guardian-ad-litem assigned to the case shall represent the respondent     throughout all stages of the proceedings, including any jury trial proceedings requested by respondent.

RULE NUMBER EIGHTEEN

INSPECTION OF JUVENILE FILES

            All district juvenile files shall be accessed by non-judicial personnel for public inspection only after permission by a District Judge.

RULE NUMBER NINETEEN

RELEASE OF MEDICAL INFORMATION

            When and if the Kansas Department of Social and Rehabilitation Services (“SRS”), and its contractors, come into information concerning a child in custody, or the natural parents of the child, which is in the nature of confidential personal health information, as defined by the Health Insurance Portability Accountability Act of 1996 ("HIPPA") to include but not be limited to such medical information such as pregnancies, abortions, births, deaths, illnesses, operations, diseases, or other maladies and medical conditions, SRS shall have the authority to relay said information to the  Judge who is assigned the case at the time SRS or their contractor learns the information without unnecessary delay followed by written letter or other memo.  This rule constitutes a standing Court order in compliance with HIPPA and consists of the necessary consent that SRS will need to comply with this request/order to furnish information to the Court regarding medical information.

RULE NUMBER TWENTY

PARENT ALLY PROGRAM

            The purpose of this program is to allow up to two people designated by the parents whose child, or children are subject to the Kansas Code for the Care of Children, to attend and be present at Child in Need of Care (CINC) hearing.  In order for persons so designated to perform in said capacity, from and after this date, each will be required to attend and participate in a Parent Ally Orientation Program (PAOP) approved by OJA.

            The orientation program shall consist of the following:

1. The participant must view the cd-rom version of the PAOP prepared by OJA.
2. Each participant shall review the Parent Ally Orientation Manual (PAOM) prepared by OJA.
3. Additionally, the participant(s) is encouraged to review the basic concepts of the CINC  process by going online at www.kscourts.org
4. Each participant must execute a written “acknowledgement of participation” form  evidencing his or her completion of the above.

Pursuant to OJA policy, judges who preside over CINC cases shall see that the procedure

outlined below is followed at the earliest practical point in the CINC process:

a.       Inform parents that they are entitled to designate up to two people to attend court with them, provided the participants have completed the program requirements as stated above, and so long as they do not become disruptive.

b.      Let parents know how to accomplish the requirements of the PAOP as set forth above.  This may consist of viewing the program online or the cd-rom version and/or reading the written materials consisting of the Parent Ally Orientation Program Manuel.

c.       Verify that the designated persons have participated in the PAOP through submission of the "Acknowledgement of Participation" form mentioned above, or secure a sworn affidavit that the parties have completed the program, or secure sworn testimony of the same, or secure a stipulation of the parties that the designated person(s) have participated in the requirements of the PAOP.

PROBATE & LIMITED ACTIONS

RULE NUMBER TWENTY-ONE

     PROBATE PROCEEDINGS

            HEARING DATES: All Petitions in K.S.A. Chapter 59 matters, except Care and Treatment, shall be set for hearing on Monday at 9:00 a.m. in Sedan, Tuesday at 9:00 a.m. in Coffeyville or Thursday at 9:00 a.m. in Independence.

            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 date for the petition to be heard, and to provide an "Order for Hearing" to the Court for execution and filing.   The judge assigned to hear the case shall be consulted before scheduling matters expected to take longer than five minutes.

            GUARDIAN/CONSERVATOR, QUALIFICATION TO SERVE:  Any person whose name appears in the Central Registry of Confirmed Perpetrators of adult or child abuse, as having been confirmed for abuse, shall be presumed to be ineligible to serve as a guardian or conservator.  Any person, who has been convicted within the last ten years of a felony, or any crime involving violence or dishonesty, shall be presumed to be ineligible to serve as a guardian or conservator.  The petitioner seeking to establish a guardianship and/or conservatorship shall have the duty to obtain and file by written report or affidavit, prior to the hearing on the petition, evidence that the proposed guardian and/or conservator is not listed on an abuse registry and does not have a felony conviction or a misdemeanor conviction for an act involving violence or dishonesty within the last ten years.

            ORDERS FREEZING ASSETS:  Any asset otherwise subject to statutory bond requirements, in a conservatorship or a decedent estate, may be deposited, subject to an Order Freezing Assets, in any federally insured banking institution authorized and doing business in Kansas and approved by the Court.  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 of the Court.  Assets subject to an Order Freezing Assets shall only be released upon proper application to and approval by the Court.

            CONFIDENTIALITY OF MEDICAL REPORTS:  The confidentiality order authorized by K.S.A. 59-3093 shall be automatically imposed in every guardianship and conservatorship case.  However, a written request for disclosure shall not be required of the proposed ward/conservatee, the petitioner, the proposed guardian/conservator or counsel for any of said parties.

RULE NUMBER TWENTY-TWO

LIMITED ACTIONS PRACTICE

ANSWER DATES:  All answer dates in Chapter 61 cases will be on Monday at 9:00 a.m. in Sedan, Tuesday at 9:30 a.m. in Coffeyville or Thursday at 9:30 a.m. in Independence.  If the defendant fails to appear or answer, default judgment as prayed may be entered.  Plaintiff or plaintiff’s counsel is not required to appear on the answer date.

SERVICE OF PROCESS:  Service by first class mail is permitted for orders to appear in aid of execution and for orders to reappear (call back orders).  Service of contempt citations by certified mail shall be sufficient if the signature on the return receipt card is definitely distinguishable as a signature that purports to be that of the defendant.  Otherwise, contempt citations must be served by personal service.

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.

TRIAL SETTINGS:  Landlord tenant eviction trials will be conducted one week after the answer date, but for good cause shown.  The Court will schedule all other limited actions trials on a regular docket day as promptly as the underlying circumstances allow.

CONTINUANCES:  Answer dates will not be continued, but for good cause shown.  Except to prevent manifest injustice, trial settings will only be continued 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.

JOURNAL ENTRIES:  Court files scheduled for hearing will be available to counsel on the answer date.  It is counsel’s responsibility to ascertain the status of service of process and to present a proposed journal entry/judgment form reflecting service, appearances and the proposed judgment to be entered, if appropriate.

POST JUDGMENT ACTIVITY:  All post judgment activity shall occur in the same court where judgment was entered.  Plaintiff’s attorney or an authorized representative to cover for plaintiff’s attorney, and all defendants are required to appear for all post judgment activity unless said appearance is excused by the Court.  Orders to reappear (call back orders) are authorized but no defendant shall be required to appear more frequently than every three months, absent exceptional circumstances.  Absent a court ruling to the contrary, a defendant who appears on a contempt citation and who submits to a judgment debtor examination shall be deemed to have purged the contempt.  Income tax refund orders may be granted upon verbal motion if the defendant is present or upon written motion and notice.

BENCH WARRANTS AND BONDS:  A bench warrant may be issued if the debtor fails to appear for a contempt hearing.  The bond shall be cash only, in the amount of the unpaid judgment plus the statutory fingerprint fee, or a lesser sum set by the Court.  If the debtor cannot post a cash bond the amount of the bond shall be reviewed on a weekly basis.

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 $300.00 unless plaintiff requests an evidentiary hearing.

WORTHLESS CHECK ATTORNEY FEES:  The accepted standard for costs of collection, including attorney fees, in civil worthless check cases filed pursuant to K.S.A. 60-2610 shall be the sum of $250.00 per case.  Upon motion and for good cause shown, the court may deviate there from on a case-by-case basis.

REINSTATEMENT OF DISMISSED CASES:  Dismissed cases may be reinstated one time if the reinstatement is filed within two years of the original filing and within one year of the dismissal date.  Reinstatements beyond those time limits must be filed as a new case, accompanied by a new filing fee.

TRANSFER OF VENUE:  Upon motion and notice, and for good cause shown, cases may be transferred among the three district courts within the Fourteenth Judicial District.  Except on the Court’s motion, a new filing fee must accompany each transferred case when it is presented to the receiving court.

DOMESTIC RELATIONS

RULE NUMBER TWENTY-THREE

MANDATORY PARENTING IN DIVORCE CLASS ATTENDANCE

The parents of minor children who are parties to an action for divorce, annulment, separate maintenance, paternity, or otherwise, that in any manner pertains to custody or parenting time with minor children, shall attend and complete an education seminar, approved by the assigned judge, concerning the emotional and psychological effect or the termination of marriages on children and/or the effect of custody and parenting time issues on their children.  This rule also applies to parents involved in post-decree motions for modification of custody and/or parenting time who have not previously taken the class.

Both parents prior to trial or final hearing must complete the seminar, unless attendance is excused or deferred by the assigned judge for good cause shown. 

RULE NUMBER TWENTY-FOUR

DOMESTIC RELATIONS MEDIATION

Unless waived by the assigned judge, any contested child custody, residency or parenting time issue shall be submitted to mediation by a neutral court approved mediator before being scheduled for a final evidentiary hearing.  This rule applies to all such actions, including those filed under the Kansas Parentage Act and may be required in Protection From Abuse actions.

Counsel shall submit a proposed order for mediation to the court, approved by one or both counsel.

The mediator shall report the results of mediation to the court and to the attorneys for the parties.  If agreement is reached, the proposed agreement shall be provide for a procedure by which disputes between the parents may be resolved without court intervention. 

When the mediation is performed by 14th Judicial District Court Service officers qualified as mediators, a mediation fee in an amount set by the Court Administrator shall be collected prior to the commencement of the mediation and each subsequent referral including subsequent self referrals.  The fee shall be paid to the Clerk of the District Court who is authorized to handle and disburse same in accordance with written procedures set by the Court Administrator.

RULE NUMBER TWENTY-FIVE

MEDIATED AGREEMENT CHANGES

Changes in a parenting plan may be made by agreement of the parents without prior approval of the mediator.  In the event that communications break down and the parents find they are unable to work through their problems, they will actively seek assistance and negotiation through mediation before any court action is initiated.

RULE NUMBER TWENTY-SIX

PARENTING TIME AND CONTACT GUIDELINES

      The following is a sample parenting time and contact scheduled that the judges in this district will normally consider minimally consistent with the best interests of the child(ren) under a joint legal custody and parenting time order.

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

            a.       Weekly telephone contact.

            b.      Longer periods of parenting time during school holidays.

c.       Extended summer residency for school age children.

d.      The parent having residency where the child goes to school shall send school records, school calendars, school photographs, activities schedules, report cards, standardized test results, etc. on a frequent basis to the other parent.

RULE NUMBER TWENTY-SEVEN

EXPEDITED JUDICIAL PROCESS

All judges in this district will be available to preside at summary proceedings relating to the establishment, modification, or enforcement of child support, parenting time and visitation per mandate of Kansas Supreme Court Rule 172.

All judges in this district shall be available, on request of the chief judge, any clerk of the court, counsel or party pro se, to assist with, handle and expedite judicial process of petitions filed pursuant to K.S.A. 65-6705, in conformity with Kansas Supreme Court Rule 173.  If such proceedings arise after hours, the attorney or party may follow the procedure set out in the probable cause rule herein provided.

                         RULE NUMBER TWENTY-EIGHT

COSTS AND ASSIGNMENTS IN DOMESTIC RELATIONS CASES

1. Costs in Prior Actions.  No case for divorce, annulment or separate maintenance shall be filed where there is a record in the clerk’s office of a prior case between the same parties which is undisposed of unless the court costs have been paid, or unless the court shall otherwise order for good cause shown.  In any event the unpaid costs in such prior case shall be assessed as costs in the new case and the court shall make an order for the payment of costs.
2. Prior Divorce Actions Between Parties.  If the parties have previously filed a divorce action in this judicial district, the case shall be assigned to the same judge to that the previous case was assigned.
3. Assignment of Divorce and Protection From Abuse Cases.  When a protection from abuse action is filed, and there is a prior filing of a divorce action between the same parties, the protection from abuse action shall be assigned to the judge that the divorce action was assigned.  Conversely, when a divorce action if filed subsequent to a protection from abuse action, the divorce action shall be assigned to the judge that the protection from abuse action is assigned.
4. Assignment of Divorce and CINC Cases:  Pending divorce, protection from abuse and child in need of care cases that involve the same children should be assigned to the judge before whom the CINC case is pending or to the district judge having general jurisdiction.

RULE NUMBER TWENTY-NINE

DISMISSAL OF PROTECTION FROM ABUSE ACTIONS

If the plaintiff in a protection from abuse action fails to appear at the scheduled hearing for final orders, the case shall be dismissed without further notice to either party unless the defendant appears and consents to an order of protection.

RULE NUMBER THIRTY

NECESSARY PARTIES IN CHILD SUPPORT AND PATERNITY ACTIONS

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

CRIMINAL

RULE NUMBER THIRTY-ONE

PRETRIAL CONFERENCE AND PROPOSED JURY INSTRUCTIONS

The court may schedule a pretrial conference in any pending criminal action on application of any party or attorney or on the court’s own motion.

RULE NUMBER THIRTY-TWO

CRIMINAL CONTINUANCES

            Any party requesting a continuance of a criminal setting shall cause an agreed Order of Continuance which includes language addressing the issue of speedy trial status for consideration by the District Judge assigned to the case.

            If the requested continuance is opposed the matter will be taken up on the next available Criminal Docket assigned to the particular Judge.

            All continuances involving settings other than those on regular dockets should be accomplished prior to the setting in question.

RULE NUMBER THIRTY-THREE

PLEAS IN CRIMINAL CASES

In all criminal and certain traffic cases, if the defendant elects to enter a plea of guilty or a plea of no contest to the charge or charges filed against him, there shall be prepared and submitted to the court a written tender of pleas of guilty or no contest and an accompanying certificate of counsel on forms supplied by the clerk.

RULE NUMBER THIRTY-FOUR

PROBABLE CAUSE DURING NON-BUSINESS HOURS

Determination of probable cause for warrantless arrests when applicable, will be made by any judge within the appropriate time of the warrantless arrest, in the manner deemed appropriate by that judge.

CIVIL

RULE NUMBER THIRTY-FIVE

FILING FOR EXTENSIONS OF TIME

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

RULE NUMBER THIRTY-SIX

DISCOVERY

1. Time for Giving Notice of Depositions:  “Reasonable time” within which notice must be given before taking of a deposition under K.S.A. 60-230(a) shall be ten days.  For good cause shown, the court may enlarge or shorten such time.  K.S.A. 60-206 shall govern the computation of time.
2. Motions for Order compelling Discovery: 
   1. Except as otherwise ordered, the court will not entertain any motion under K.S.A. 60-237, unless counsel for the moving party has conferred with or has made reasonable effort to confer with opposing counsel concerning the matter in dispute prior to the filing of the motion.  The moving party shall certify as to the efforts of the parties to resolve discovery or disclosure disputes and their motion shall describe the steps taken by