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- DCR 3.202 Motions in Civil Cases
DCR 3.202 Motions in Civil Cases
(a) Form and Filing.
All motions, unless made during a hearing or at trial, shall be in writing and shall be filed with the clerk. An original shall be filed and shall be accompanied by a brief or memorandum suggesting the reasons and authorities in support.
(b) Responses and Replies to Motions.
A party opposing a motion other than one to dismiss or for summary judgment shall, within fourteen (14) days after service of the motion upon it, file an original with the clerk and serve upon all other parties a written response to the motion containing a short, concise statement of his opposition to the motion, and if appropriate, a brief or memorandum in support thereof. A party shall have twenty-one (21) days to respond to a motion to dismiss or for summary judgment. The party may, within fourteen (14) days after the service of such response in opposition upon him, file an original with the clerk and serve upon all other parties a copy of a written reply memorandum. No sur replies will be allowed. All motions, responses to motions and replies shall be in the form of pleadings and shall meet all formal statutory requirements pertaining to pleadings.
(c) Hearings and Submission for Decision.
If oral argument or a fact hearing is allowed by the Court, after request by counsel, the Court will set the matter specially for hearing. At any time after the expiration of the initial response time to a motion when no request for a hearing or oral argument has been granted, counsel shall certify in writing to the Court and opposing counsel that the motion is ready for ruling. When the motion is so certified, or on the Court's own motion in the absence of any such certification, the motion shall be deemed finally submitted for decision.
The exceptions to sections (a), (b) and (c) above are:(1) Initial applications to the court for additional time to plead which do not request extensions in excess of thirty (30) days will be ruled on instantly without supporting memoranda and without awaiting responses from adverse parties.(2) Motions which show on their face factual authorities sufficient to support the relief requested do not require additional memoranda. (Motions and supporting memoranda may be combined and where combined should be so labeled.)(3) Motions accompanied by an agreed order will be ruled on without further supporting or responsive memoranda.(4) Preliminary domestic motions may be supported and opposed by affidavits in lieu of or in addition to other memoranda.(5) Contested motions for temporary or permanent change of custody.
(e) Copy to Court. (in effect until December 31, 2018) A paper copy of every civil motion, response and reply, (if one), and accompanying brief or memorandum filed with the clerk and any proposed order of final order must be simultaneously mailed or delivered to the division where such motion will be decided. This paragraph supersedes any D.C.R. or policy concerning E-Filing that might be interpreted not to require a paper copy.
(f) Time Computation.
The provisions of K.S.A. 60-206 shall govern the computation of the time periods set forth in this rule.
Any motion may be dismissed by the Court for failure to comply with the requirements of this rule.
(h) Motion for Special Process Server.
All motions for special process server shall be accompanied by an order. Both the motion and order shall be on one page in the form approved by the court. [F3.202(h)].
(i) Motion for Enlargement or Extension of Time.
Motions for enlargement of time shall state: (a) the current deadline; (b) good cause for the extension; (c) the position of opposing counsel or parties; (d) the proposed new deadline. All such motions shall be accompanied by a proposed order.
Revised: September 17, 2014