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CIVIL RULE NO. 2

Assignment of Cases.

1. Chapter 60 Civil Case Assignment. Chapter 60 cases, including divorce cases, will be randomly and permanently assigned among the judges assigned to the civil department of the court in a manner approved by the Chief Judge.

2. Refiled Cases. Any case dismissed and refiled will be assigned to the same division to which it had previously been assigned. An attorney shall notify the clerk at the time of refiling that the case previously had been filed and dismissed so that it can be reassigned to the proper division.

3. Motions for Consolidation of Cases. Motions under K.S.A. 60-242 to consolidate two or more cases will be ruled upon by the judge assigned to the case with the lowest case number. Upon filing of such a motion, the movant shall notify that judge of the filing of the motion. Upon consolidation, all of the consolidated cases will be assigned to the division in which the case with the lowest case number was assigned. After consolidation, unless otherwise ordered by the assigned judge, any case numbers that have been consolidated into another number will be administratively terminated.

4. Conduct After Assignment. After a case has been assigned to a judge, the assigned judge will have full charge of the case and all further hearings and proceedings will be before that judge, except as provided below.

5. Unavailability of Judge. When the judge of any division is unavailable, any case assigned to that judge may be tried before any other judge by agreement of all parties and the judge before whom the case is to be heard. Ex parte and agreed orders may similarly be presented to another judge of the civil department when an assigned judge is unavailable.

6. Protection from Abuse Act Cases.

A civil case under the Protection from Abuse Act (“PFA case”) ordinarily is initially assigned to a magistrate judge. If, however, a domestic relations action (which, under Local Rule 18, includes divorce, separate maintenance, annulment, and paternity cases) is pending at any time before the termination of the PFA case (including the termination of any final orders) and the PFA case involves (a) the same parties or (b) one of those parties against a child subject to court jurisdiction in the domestic relations action , then the PFA case will be automatically reassigned to the district judge assigned to the domestic relations action.

If a PFA case is filed (a) (1) either on behalf of a party to a previously-filed domestic relations action or (2) on behalf of a child still subject to court jurisdiction under a previously-filed domestic relations action, and (b) the PFA case names as a defendant (1) the other party to that previously-filed domestic relations action or (2) a child still subject to court jurisdiction in that previously-filed domestic relations action, then the PFA case shall be assigned to the judge to whom the previously-filed domestic relations action is then assigned.

A party filing a domestic relations action or a Protection from Abuse Act case shall, at the time of filing, notify the clerk if that party knows or has reason to believe that a domestic relations action or a PFA case concerning the parties to the new case has previously been filed in this court.

7. Reassignment. When any judge has occasion to ask that a case or cases be reassigned, such reassignment shall be: (a) by the method of random assignment generally used for initial case assignment; (b) in cases in which reassignment is for reasons other than recusal of the initially assigned judge, by order of the judge directing reassignment with the consent of the successor judge; or (c) by order of the Chief Judge or the Chief Judge’s designee for this purpose.