GEARY COUNTY DISTRICT COURT

8^TH JUDICIAL DISTRICT

STATE OF KANSAS

LIMITED CIVIL PROCEDURE 

            The attached policies and procedures apply to the Chapter 61 filings in Geary County District Court.  

Hon. Charles A. Zimmerman will hear the Chapter 61 dockets in 2008.

2008 Limited Civil Court Days

FILING PROCEDURES

The following is required to file a Limited Civil case:

1.      Civil Information Sheet

2.      Petition - original for the file, one copy for each defendant, one copy for a file-stamped copy for plaintiff’s attorney (stamped self-addressed envelope must accompany any request for copies to be returned to attorney).  All copies must be attached to the original petition by paper clip.

3.      Summons – one copy for service to each defendant, one copy for each return by sheriff.  The Clerk’s office will not prepare summons.

4.      Docket fee –         

            NOTE:  If the plaintiff is filing multiple cases, it is permissible to tender one check for the total of all docket fees.  A list of cases with amount of docket fee for each shall accompany the check.

5.      OR, Poverty Affidavit – pursuant to K.S.A. 61-4001(b).

6.      Sheriff’s fee - $5.00 per service of process by the sheriff, made payable to the sheriff.

ANSWER HEARING DATES

            Answer hearings will be set not less than 11 nor more than 50 days after the summons is issued, pursuant to K.S.A. 61-3002(b).  The plaintiff’s attorney should select dates and times from the tables on page 2 for answer hearings, and insert the appropriate dates on the summons form.

            Plaintiff’s attorney or pro se plaintiff is required to be present at the answer hearing.  Failure to appear at the answer hearing will result in dismissal of the case.

            Plaintiff’s attorney or pro se plaintiff shall sign in at the security kiosk outside Courtroom 1.  Attorneys appearing on behalf of another attorney must sign in under both names, and not the name of the law firm.

SERVICE OF PROCESS

            Service may be completed in accordance with K.S.A. 61-3003, et seq.  Certified mail service may be requested of the Sheriff in the county where the case is filed, or by the plaintiff’s attorney or pro se plaintiff.  If service is to be by process server, the appointment of process server must be completed prior to the request for service.

            After service returns are received from the Sheriff, the Clerk of the District Court will mail to the requesting party a copy of the return, either by postal service or by email.  If no service was obtained, the case will be removed from the docket.  If the Clerk of the District Court has not received the sheriff’s return by the answer hearing date, the case will remain on the docket, anticipating a return at a future date.

            If service is not obtained, the plaintiff’s attorney or pro se plaintiff may request an alias summons for a new answer hearing. 

JUDGMENTS

            All journal entries of judgment in limited civil actions shall contain the following language, which shall appear in the first paragraph of the Journal Entry:

            All journal entries of judgment, aids in execution, citations to show cause, requests for bench warrants and any other documents shall be submitted to the Clerk of the District Court for processing.  After review and signature, the presiding judge will return such documents to the clerk. 

            Any paperwork not meeting the specifications as required by the presiding judge shall be returned to the plaintiff’s attorney or pro se plaintiff for correction and resubmission.

            Pursuant to Supreme Court Rule 187, costs shall be assessed and collected by the judgment creditor in those cases where payment of an advance cost deposit is excused under K.S.A 28-110 and K.S.A. 60-2005.  Upon collection of costs, the judgment creditor shall pay the same to the clerk as set out in subsection (f) of Supreme Court Rule 186.

ATTORNEY FEES

            Fees for default worthless check cases shall not exceed $270.00.  Exceptions will be considered by the judge only upon filing of a motion and hearing on the issue.

DISMISSALS

            When a stipulation of dismissal signed by all parties is received, the Clerk will process the stipulation and remove the case from the pending case list.  When a request for dismissal is received from the plaintiff’s attorney or pro se plaintiff, but is not signed by the defendant, the Clerk will process the request only if there is no answer of the defendant on file in the case.

            On a regular basis, the Clerk of the District Court will review pending cases.  Pursuant to K.S.A. 61-2912, any case which has been without activity for 60 days or more will be placed on the inactivity dismissal list.  Notice will be sent to all parties, and if no further action is taken, the case will be dismissed 30 days from the date of notice.  Any request for removal from the inactivity dismissal list must be by written motion and order, and must state the reason for removal.  No appearance is required.  Once the case is dismissed, any motion for reinstatement must be set for hearing before the Court.

            One motion and order to remove a case from the inactivity dismissal list will be allowed.  Motions and orders to remove a case from the inactivity dismissal list must be filed at least 10 days prior to the dismissal date.

            One motion and order to reinstate a case after dismissal will be allowed.  Motion to reinstate a case will be granted only if the dismissal was done less than 30 days prior to the filing of the motion. 

POST-JUDGMENT ACTIONS

            Assignment of a judgment debtor’s income tax refund to the judgment creditor must be set forth in a journal entry and signed by the presiding judge and the judgment debtor.  Any such journal entry that is missing the judgment debtor’s signature will be denied.

            Citations to show cause must be accompanied by a notarized affidavit from the judgment creditor or the judgment creditor’s attorney.  Citations will not be issued from an aid in execution hearing that occurred more than six months prior.

            Bench warrants resulting from a citation to show cause must be accompanied by a notarized affidavit from the requesting attorney.  The citation must have been served by personal service by a law enforcement officer on the judgment creditor.  Bench warrants will not be issued from a citation to show cause hearing that occurred more than six months prior.

GARNISHMENTS

            Garnishments will be issued pursuant to K.S.A. 61-3505, et seq.  Garnishment payments should be made payable to the judgment creditor or his/her attorney.  The Clerk’s office does not calculate interest or balances due.

SATISFACTIONS OF JUDGMENT

            Once the judgment amount is paid in full, the judgment creditor shall file a Satisfaction of Judgment.  Should he/she neglect to do so, the Clerk’s office may refer a judgment debtor to the procedures described in Supreme Court Rule 185.