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1. The Clerk shall commence pre-judgment activity at 8:00 a.m. and post-judgment activity at 8:30 a.m. Pre-trials shall commence at 8:00 a.m.
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 on the Expocentre grounds.
4. All money judgments in Chapter 60 cases (money judgments) will be set during the docket as stated above. The matter shall be scheduled in the same time slot as Chapter 61 post- judgment matters. All post-judgment Chapter 60 matters will be filed with the Clerk of the District Court.
5. All landlord tenant cases (8-day trials) will be conducted on Tuesday afternoons commencing at 1:30 p.m. at the courthouse.
6. 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.
7. Aids in execution or citations properly serviced shall not be continued by the Court unless agreed to by all parties or ordered by the Court.
8. The Court has authorized "order backs" in proceedings in aid of execution not more often than every eight (8) weeks except in exceptional circumstances.
9. All Chapter 60 and Chapter 61 aids, citations and post judgment papers may bear a computer generated, stamped, or facsimile signature of the attorney.
10. 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).
11. 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.
12. 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] Forms for pro se and small claims litigants are likewise approved [F 3.213(12) B and C respectively].
13. Service of Process 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 held at the Expocentre. This order may be set out on a postal card and served by first class mail. 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. If the debtor fails to appear for examination as ordered, the debtor may be cited in contempt for failure to appear. These citations shall be personally served and shall be called at the Expocentre, as other limited actions cases are handled. Absent a judicial finding to the contrary, submitting to the examination shall purge this contempt. 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.
14. 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.
15. 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.
16. 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 $500
to appear
If the debtor has posted the cash bond, he/she shall be ordered to appear at the Expocentre at 8:30 a.m. on the third Tuesday of each month as determined by the Court.
17. Forms Forms for each of the matters described in this rule have been approved by the Court and are required to be used. Any alteration in these forms shall be highlighted and called to the Court's attention when filed or presented for signature. They are:
Master Motion for Examination of Judgment Debtor(s): F 3.213(17)A
Master Order to Appear for Hearing in
Aid of Execution and Return of Service: F 3.213(17)B
Postcard Order and Notice and Return of Service: F 3.213(17)C
Citation in Contempt (Failure to Appear) and
Return of Service: F 3.213(17)D
Motion and Affidavit for an Order to Appear
and Show Cause: F 3.213(17)E
Order to Appear and Show Cause and Return of Service: F 3.213(17)F
Application for Appointed Defense Services: F 3.213(17)G
Financial Affidavit: F 3.213(17)H
Information Regarding Bonds: F 3.213(17)I
Bond: F 3.213(17)J
18. 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: 10-17-07
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