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Liens upon Funds Paid Into or Out of Courts

1. Notice to Clerk of Lien. In all cases in which funds are paid into or out of the court, the parties are required to notify the clerk in the manner set forth in this rule of any lien that, to that party's knowledge, has been asserted against the funds. If any party or counsel has knowledge of any such liens, a "Notice of Lien Claim" shall be filed with the clerk and served on all parties identifying the person claiming a lien, giving the amount of the lien claim, and giving the stated basis for the lien (e.g., under K.S.A. 65-406).

2. Order to Pay Funds Out of Court Deposit. It is the obligation of the party seeking an order to pay funds deposited to the court to that party to check the docket for any notice of a lien claim potentially applicable to the funds to be paid out. No order to pay funds out of court shall be presented to a judge for approval until (a) the judge has been specifically told of any such liens (including any the party or counsel has knowledge of that have not been filed) and (b) the judge has determined that the lien has been satisfied, that the lien does not affect the funds at issue, or that for some other good reason the funds may be paid out notwithstanding the lien. Ordinarily, an order to pay funds out of court will not be granted if a lien notice has been filed without first providing notice and an opportunity to be heard to the lien claimant.