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- DCR 3.213 Limited Actions Practice
DCR 3.213 Limited Actions Practice
1. The Clerk shall adopt, and the Court approve, a schedule for all activities on the Limited Actions Docket, including the day of week, the time and the location of the docket.
2. The 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.
3. Proper professional attire shall be worn by all counsel at all sessions of the Court, including those held outside the courthouse.
4. All money judgments in Chapter 60 cases (money judgments) will be set in the same time slot as Chapter 61 post-judgment matters. All post-judgment matters will be filed with the Clerk of the District Court.
5. A dismissal list covering all cases on file for 6 months for which service has not been had or on which judgment has not been taken shall be published monthly. All cases on the dismissal list shall be dismissed 90 days thereafter unless service has been obtained or judgment taken, as the case may be. Cases may be removed from the dismissal list only if good service is obtained on a summons issued before the dismissal date. Dismissed cases shall not be reinstated and must be refiled.
6. Aids in execution or citations properly serviced shall not be continued unless agreed to by all parties or ordered by the Court.
7. The Court has authorized "order backs" in proceedings in aid of execution not more often than every eight (8) weeks except in exceptional circumstances. **This rule has been changed to authorize order backs not more often than every six months. See Administrative Order 2020-08 (PDF).**
8. Service by tacking is authorized on all Chapter 61 pre-judgment matters and all aids in execution. In post-judgment matters such as citations and bench warrants, certified mail service will be sufficient if the signature on the return receipt card is definitely distinguishable as a signature that purports to be the defendant(s).
9. 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. The Clerk shall not send such "bad addresses" to the Sheriff for re-service unless the mentioned certification letter has accompanied the re-service request.
10. Forms for limited action practice are approved and shall be used by counsel and others with matters pending in this division. [F 3.213(12) A (PDF)] Forms for pro se and small claims litigants are likewise approved [F 3.213(12) B (PDF) and C respectively].
11. Service of Process Service of Process shall be made in accordance with K.S.A. 61-3003.
Orders to Appear, Citations in Contempt and Garnishments may be served initially by First Class Mail. Attorneys may request, in writing, a different type of initial service.
a. Judgment debtors shall be served with an "Order to Appear for Hearing in Aid of Execution" requiring the debtor to appear to give information at the docket. This order may be served by First Class Mail in a sealed envelope or by using any other approved method of service. The proceeding held pursuant to this order shall permit the plaintiff or counsel for plaintiff to gather information for the purpose of collecting the judgment or any other purpose allowed by statute.
b. If the debtor fails to appear for examination as ordered, the debtor may be cited in contempt for failure to appear. These citations will be served by First Class Mail in a sealed envelope or by using any other approved method of service. If no one appears or no service is obtained, alias citations may then be issued. These citations shall be personally served or by certified mail. The cases shall be called during the Limited Actions Docket. Absent a judicial finding to the contrary, submitting to the examination shall purge this contempt. Failure to appear after proper service is obtained may then result in the issuance of a bench warrant. Repeated failures to appear (3 or more times in a 12 month period) may also constitute a basis for filing a Motion and Affidavit in Contempt. In such cases, the debtor shall be personally served with a "Citation in Contempt" for hearing at the Shawnee County Courthouse.
c. Attorneys are encouraged to make First Class service of garnishments themselves by completing the First Class mailing and return forms through their offices.
d. Bench Warrants, Bonds, Hearings A bench warrant may be issued if the obligor fails to appear for a contempt hearing. The amount of cash bond for bench warrants shall be determined as follows:
1st failure to appear $100
2nd failure to appear $250
3rd and subsequent failure to appear $500
If the debtor has posted the cash bond, he/she shall be ordered to appear at the location, date and time determined by the Court.
Personal information sheets shall be attached to all service of process requests. Except for any such sheets attached to garnishments, which are needed by employers to identify the employee in question, such information shall be kept confidential and shall not be distributed by the Clerk or Sheriff to anyone outside their offices with the exception of Special Process Servers.
12. Dismissal Debtors shall be dismissed from the docket after three months of regular payment, either by income withholding order or by voluntary payment. Application of cash deposit bail bond funds shall not be considered a regular payment. Debtors who have been judicially or administratively determined to be disabled to the extent that they are unable to work or have other income shall be dismissed from the docket.
13. Counsel In contempt cases, the obligor shall not have counsel appointed if they have sufficient actual or imputed income to employ an attorney. A financial affidavit shall be used to determine the issues of income and indigency. The movant may rebut the obligor’s assertions regarding income and indigency by filing a motion to have the Court determine the same.
14. Forms A form for Civil Judgment Bond has been approved by the Court and is required to be used. Any alteration in this form shall be highlighted and called to the Court’s attention when filed or presented for signature. It is: Civil Judgment Bond Form: F 3.213(17)J (PDF)
15. Date and Time of Filing Whenever any petition or other pleading is electronically filed by email in this district, the date and time of filing shall be that date and time indicated on the court’s email acknowledging receipt, whether or not such petition or other pleading is actually processed by the Clerk or by the court computer at a later date or time.
Revised: November 22, 2019