Search

Next Previous CIVIL RULE - NO. 3 Next Next

Pleadings, Documents, etc.

1. Designation of Counsel. Any pleading filed by an attorney in any action or proceeding shall contain the Supreme Court registration number of the attorney filing the same and shall clearly indicate the party or litigant represented by such attorney. All pleadings filed by a law firm or by multiple counsel shall designate the responsible local attorney for purposes of notice. Any change in designation shall be made to the court and all other parties in writing.

2. Signatures of Local Counsel. All pleadings or other papers filed by attorneys from other states pursuant to Supreme Court Rule 116 must also be signed by an attorney licensed to practice law in Kansas.

3. Service of Pleadings Regarding Execution on Judgments.It shall be the responsibility of counsel and self-represented litigants to furnish to the clerk or to the sheriff any needed directions and information for the preparation, issuance, or taking of property or persons, or for the sale or other disposition of property, including the correct amount of the judgment and interest accrued. Counsel and self-represented litigants shall also be responsible for the preparation of all orders of sale and publication notices, including notices of suit and notices of sale, and shall prepare the sheriff's return for judicial sales.

4. Captions in Divorce Cases. In all cases involving divorce, separate maintenance, or annulment, the caption designated by K.S.A. 23-2704(b) shall not be applicable to garnishment or summons papers issued by the clerk's office, as such papers are not pleadings under K.S.A. 60-207.

For such papers the first named party in a petition shall be considered the plaintiff, or petitioner, and the second named party shall be considered the defendant, or respondent, for purposes of service. In all authentications or certifications of divorce, separate maintenance and annulment matters, the clerk shall use the caption style provided in K.S.A. 23-2704(b), namely "In the matter of the marriage of ______________________ and ______________________ ."

5. Each attorney who desires to be electronically associated to a case, thereby enabling access to the records and receipt of electronic notifications from JIMS regarding the case, must file a separate signed entry of appearance. Group or law firm entries do not achieve the individual attorney association to the case. The entry must include the current accessible e-mail address for each attorney on the case.

6. KSA 60-211, as amended, requires that signature blocks on all filed papers include the signer’s e-mail address. KSA 60-205, as amended, allows service of papers upon opposing counsel and parties “by electronic means when authorized by supreme court rule or a local rule.” This rule, therefore, authorizes service of all papers, except those required to be served with a summons or required to be served by other specific means, by e-mail or other electronic means if and when opposing counsel or parties have complied with KSA 60-211, as amended, or otherwise provided their e-mail or other electronic address to use for such service. Service by e-mail or electronic means is deemed complete when transmitted unless returned as undeliverable. The three-day time for any response added under KSA 60-206, as amended, will be considered to apply also to service by e-mail or other electronic means.