DCR 3.317 Motions in Criminal 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. With the approval of the court, parties may be relieved from the requirement of serving and filing written briefs or memoranda in support of motions, responses and replies.
(b) Joint or Unopposed Motions. If a motion is joint or unopposed, a statement to this effect shall be contained in the caption and in the body of the motion. Also, a proposed order may be submitted with the motion.
(c) Responses and Replies to Motions. A party opposing a motion other than one to suppress or dismiss shall, within fourteen (14) days after service of the motion upon it, file an original with the clerk and serve upon opposing party (or counsel, if the party is represented by an attorney) 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. If a party believes a hearing is needed, one should be requested. A party shall have twenty-one (21) days (or as shortened a period as the Court directs) to respond to a motion to suppress or dismiss. All motions and responses to motions shall be in the form of pleadings and shall meet all formal statutory requirements pertaining to pleadings. The moving party may file and serve a written reply memorandum.
(1) The exceptions to sections (a) and (b), above, are:
(i) 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.)
(ii) Motions accompanied by an agreed order will be ruled on without further supporting or responsive memoranda, and without hearing.
(2) An exception to section (c) above is that a motion to show cause why probation or bond should not be revoked may be ruled on immediately by a judge.
(e) Copy to Court. A chambers copy of every criminal motion and response filed with the clerk must be mailed or delivered contemporaneously to the division where such motion will be decided. (Misdemeanor Motions and Responses should be delivered to the chambers of the Duty Judge).
(f) Time Computation. The provisions of K.S.A. 60-206 shall govern the computation of the time periods set forth in this rule.
(g) Compliance. Any motion may be dismissed by the Court for failure to comply with the requirements of this rule.
(h) Motions for Enlargement or Extension of Time. Motions for enlargement of time shall state:
(1) the current deadline;
(2) good cause for the extension;
(3) the position of opposing counsel or parties; and
(4) the proposed new deadline(s).
All such motions shall be accompanied by a proposed order.
Revised: August 17, 2016
Suspended, 5/13/20; see Supreme Court Rule 133