LOCAL RULES OF COURT
FOR THE 19TH JUDICIAL DISTRICT OF KANSAS
COWLEY COUNTY, KANSAS
EFFECTIVE MAY 1, 2012
REVISED April 1, 2018
JUDGES
NICHOLAS M. ST.PETER, Chief Judge, Division 1, 311 East 9th Ave., P. O. Box 472, Winfield, Kansas 67156; (620)221-5470; Fax (620)221-1097;
CHRISTOPHER SMITH, Division 2, 118 West Central, P. O. Box 1152, Arkansas City, Kansas 67005; (620)441-4523; Fax (620)442-7213;
LaDONNA L. LANNING, Division 3, 311 East 9th Ave., P. O. Box 472, Winfield, Kansas 67156; (620)221-5470; Fax (620)221-1097;
PREFACE
The following rules have been adopted by the Judges of the Nineteenth Judicial District of Kansas pursuant to Supreme Court Rule 105 and K.S.A. 60-267. These rules may be amended, or new rules may be promulgated, from time to time as necessary, by the judges of this judicial district. Current copies of the rules are on file in the office of each Clerk of the District Court in this District, will be available on the official Cowley County website and will be filed with the Office of Judicial Administration in Topeka, Kansas. Nothing herein is intended to contravene any statute or Supreme Court rule.
Except as specifically set forth herein, all previous court rules and/or administrative orders of this Court are hereby repealed.
Cowley County District Court
311 East 9th, P. O. Box 472
Winfield, KS 67156
(620)221-5470
Website:
Rule No. 1
Application of Rules.
These rules shall apply to all matters pending before any Court in this District, whether originally filed within this District or transferred to this District from another court. The following rules shall be applied as written except as they may be modifiedby the presiding judge in any pending action as may be deemed necessary by such judge to meet emergencies or to avoid injustice or great hardship.
These rules shall apply to all attorneys practicing within or before this District, and to all parties appearing without counsel.
Rule No. 2
Administrative Orders.
District Court Administrative orders may be promulgated from time to time by the Chief Judge of this District and shall be effective upon filing in the office of the Clerk of the District Court. Such orders shall be binding on all Court employees, staff and attorneys practicing in this District, and shall control administrative procedures and personnel policies in the District. The Clerk of the District Court shall maintain an official file of such orders, which shall be available for public inspection during normal business hours, and shall be available through the official Cowley County website, Nothing in such orders shall be interpreted to contravene any statute or court rule, or to affect the substantive rights of any litigant in any judicial proceeding.
Rule No. 3
Assignment of Cases.
A.All assignments shall be made by the Chief Judge in a manner that will equalize the caseload among the judges and may be changed by the Chief Judge as deemed necessary. After such assignment, all proceedings shall be held in the division to which the case has been assignedunless otherwise determined by the assigned judge. In the event of the absence or disqualification of such judge, or upon the request of a party, the Chief Judge may appoint the judge of another division to hear the case. In the absence of the assigned judge, any other judge may approve or sign any order, judgment, warrant, or other document as may be necessary as such judge deems appropriate and in the interest of justice, without reassignment by the Chief Judge.
B.All domestic cases shall be filed in the Winfield domestic division,including those filed by out-of-county attorneys. All domestic proceedings shall be held in Winfield unless otherwise directed by the assigned or Chief Judge.
As may be requested by the Thirteenth Judicial District, and in compliance with Supreme Court Assignment No. 28, the Chief Judge shall approve or deny, as may be necessary, the assignment of Cowley County judges to the Thirteenth Judicial District. In addition, the Chief Judge may assign such cases filed in the Nineteenth Judicial District to a judge in the Thirteenth Judicial District as may be necessary or appropriate, subject to the approval of the Chief Judge of the Thirteenth judicial District, and in compliance with Supreme Court Assignment No. 28.
C.All Limited Action cases shall be filed in Winfield unless the plaintiff resides or conducts business south of Strother Field and files twenty-four (24) or less limited action cases in a calendar year, then such plaintiff may file in Arkansas City. All out of county plaintiffs shall file in Winfield.
D.Unless otherwise directed by the Chief Judge, all crimes alleged to have occurred south of 212th Road shall be assigned to Division 2 in Arkansas City; all crimes alleged to have occurred north of 212th Road shall be assigned to Division 1 in Winfield.
E.Any case dismissed and re-filed shall be assigned to the same division to which it was previously assigned.
F.Any case assigned to a division of court may be reassigned by the Chief Judge to another division of court as the judicial work of the district may require.
Case Settings.
Each judge maintains his/her individual calendar and has specific settings for some case assignments. For specific information regarding case settings for each judge, please consult the Cowley County website. (
Rule No. 4
Electronic Filing.
Effective June 25, 2018, all documents filed within new or existing cases shall be electronically filed in accordance with Supreme Court Rule.
Rule No. 5
Courtroom Formality and Decorum.
A.The flag of the United States shall, at all times while Court is in session, be displayed at, or in close proximity to, the bench.
B.In order to show the appropriate honor and respect to our judicial system and the authority of the presiding judge, every individual present in the courtroom shall rise at the entrance of the judge into the courtroom.
C.When appearing before the Court, all persons having business before the Court shall be properly attired in a professional and business manner as may be dictated by the weather or other conditions. At no time shall excessively casual attire be permitted in the courtroom, including but not limited to shorts, cut-offs, tank tops, flip-flop shoes, hats, caps, sunglasses, or any other casual or inappropriate attire as may be determined by the presiding judge.
All attorneys and/or court personnel, as may be proper and applicable, shall advise clients, witnesses, spectators or other attendees, of the appropriate and acceptable attire prior to attending court in order to avoid potential embarrassment or undue delay in the proceedings.
D.Upon entering the courtroom, all cell phones or other technology shall be turned off or adjusted so that it shall not disturb or interrupt court proceedings. Repeated violation of this rule may result in the confiscation of said device by the presiding judge at such judge’s discretion and determination.
E.Electronic and photographic media coverage of judicial proceedings shall be undertaken only in accordance with Supreme Court Rule 1001. Still or motion pictures, audio or videotapes and recording equipment and cameras of all types are otherwise prohibited in the courtroom. Nothing within this rule shall prohibit the authorized use of cameras or recording equipment in the presentation of evidence at any hearing or trial.
F.The swearing of witnesses is an essential and significant part of the judicial process, the violation of which can have serious and severe consequences. It should, therefore, be a serious and impressive ceremony and not a mere formality. Unless an exception is made by the presiding judge, each witness shall be sworn individually at the witness stand by the Court Reporter, if in attendance, or by the presiding judge if the Reporter is not in attendance.
G.Attorneys appearing before the Court of this District shall:
(1)address the Court from the lectern or a position at the counsel table;
(2)stand at the lectern or counsel table while examining witnesses, except when handling exhibits. When a sound amplification or recording system is being utilized, they shall address the Court and jury, and examine witnesses, from a position in effective proximity to the microphone;
(3)advise their clients, witnesses, and any staff accompanying them, of the formalities of the Court and seek their full cooperation therewith, in order to avoid embarrassment to the Court and laymen as well;
(4)examine all witnesses with courtesy and respect, and presume a good faith attendance by each witness until the contrary clearly appears;
(5)not approach the bench or the witness stand without permission of the Court, nor appear to engage the Court in a confidential manner;
(6)not exhibit familiarity with witnesses, jurors, opposing counsel or the presiding judge during hearing or trial, and the use of first names shall be avoided. No juror shall be addressed individually or by name during jury arguments.
(7)make all objections to the Court. Attorneys and pro se litigants will not be permitted to argue with each other during court proceedings. Objections shall be brief, concise and no longer than is necessary to state the nature of the objection. Argument or a “talking objection” is improper. Once the Court has ruled on an objection, there will be no additional argument.
H.Spectators will not be permitted to consume food or beverage in the courtroom or on the second floor of the courthouse, unless specifically allowed by the presiding judge.
I.No spectator, counsel or party shall carry a sign or display pins, buttons or other materials that are designed to communicate a position or message to others during a trial or when a juror is present, except as specifically allowed by the presiding judge.
J.Spectators will not be permitted to engage in any activity that interferes with giving attention to the court proceedings.
K.Counsel, parties and spectators shall have due respect for proceedings being conducted while court is in session, and toward that end shall exercise restraint in carrying on conversations with other spectators, counsel or parties.
Rule No. 6
Court Safety.
A.All persons seeking entry to a Courtroom or any Court areas of operation are subject to search by the Sheriff or other officers designated by the Sheriff or by the Court. Such search may include the person of and/or their briefcases, parcels, purses or other containers carried by such persons seeking entry to a Courtroom or Court area.
B.Notwithstanding any other provision herein, it shall be within the discretion of the presiding judge to permit or restrict a Prosecuting Attorney, law enforcement officer, retired law enforcement officer, attorney or security officer to possess, wear or carry a firearm or other weapon in the Courtroom or Court area in accordance with Kansas law.
C.With the exception of weapons carried by law enforcement personnel, no weapons, other than exhibits, shall be permitted in any Courtroom. No other person shall bring a weapon other than an exhibit into any Courtroom except as specifically permitted by this rule. The Court may require that any firearm intended for introduction as an exhibit be presented to the Sheriff for a safety check prior to its being brought into any Courtroom; further, the Court may require that any weapon intended for introduction as an exhibit be retained in the custody of the Sheriff or other person designated by the Court before and after its introduction as an exhibit.
D.No lay person may wear or carry a concealed or visible firearm, knife, or other weapon into a Courtroom or Court area, even if licensed to so carry, unless it is specifically authorized by the presiding judge.
E.“Courtroom or any Court areas of operation” means those areas in any building, which are used for Court proceedings, or to conduct Court-related business, including but not limited to, courtrooms, ancillary courtrooms, jury rooms, Judge’s chambers, office of the Clerk of the District Court, Court Reporter, Court Services, and/or any other offices and areas used for official Court business, together with waiting areas, corridors and hallways adjacent thereto.
F.This rule shall not apply when the Courtroom or other Court areas of operation are being utilized for public meetings conducted after court hours of operation.
G.See also, Administrative Order 16-2.
Rule No. 7
Files, Records & Transcripts.
A.Removal of Court Files from Courthouse.
(1)Abstractors and attorneys of record, whose places of business are within the district and who are in good standing, shall be permitted to check out a court file with the Clerk of the Court as set forth in Supreme Court Rule 106. No file shall be held by an abstractor or attorney for more than seven (7) working days without the permission of the assigned judge, or in the absence of the assigned judge, the Chief Judge.
(2)Files shall be returned to the Court no later than 4:00 p.m. two (2) working days before scheduled hearings on a case, even if the file has been checked out less than seven (7) days.
(3)Files checked out shall not be entrusted to anyone other than the attorney, abstractor, or their employees.
(4)The Clerk shall maintain an index of files removed from the Clerk’s office, and shall retain the completed check out slip until the file has been returned to the Court.
B.Public Records Search Requests.
(1)The purpose and goal of this rule is to guide the access of public records under control of the courts in this district, to protect court records from damage and disorganization, to prevent excessive disruption of court functions, to provide guidelines for requesting and obtaining information and to ensure effective and timely action in response to requests for inspection of public records as required by statute and Supreme Court Rules.
(2)The Clerk of the District Court shall be the public information officer for the judicial district.
(3)Public records shall be open for inspection during the time the District Court Clerk offices are open to the general public.
(4)Inspection requests should be made in writing on a form to be provided by the Clerk. The use of the form is encouraged but not mandatory in all circumstances. The Clerk of the Court in this district has designated all trial court clerks as additional persons to be custodians of the records for the purposes of the Open Records Act.
(5)The fee to be paid for a copy of any record shall be $0.50 per page and $2.00 per authentication or certification. An access fee and/or research fee of $12.00 per hour may be assessed for employee time when concentrated attention of a custodian of the records is required. Payment in advance of the custodian’s estimated fees may be required.
(6)In the event a District Court employee is required to conduct a search to provide the records requested, such search will be done in a timely and prompt fashion, but such employee may not be able to do so immediately due to the employee’s regular court duties. In such case, the search will be conducted and the records produced within three (3) business days of the request being made and the employee shall inform the individual requesting the information of the potential delay.
(7)No District Court employee may conduct a search that requires the making of a legal judgment or determination.
(8)Requests for criminal record searches for employment, credit or the like shall be referred to the executive branch agency most likely to have centralized reference files, e.g., the Kansas Bureau of Investigation or the Division of Vehicles.
(9)Certain court records are confidential and are excepted from public examination and disclosure under the Kansas Open Records Act. The disclosure of these records is specifically prohibited or restricted by federal law, state law or by Kansas Supreme Court Rule.
C.Requests for Transcripts of Court Proceedings
(1)In any proceeding before a Court in this District, counsel requesting a written transcript of such proceeding shall submit a written request for same to the Court Reporter who took the proceedings, or who has direct access to the electronic recording of the proceeding.
(2)The Court Reporter may, at her discretion, require prepayment for any requested transcript.
(3)When a party has filed a written request for a transcript and subsequently elects to withdraw the request, they shall be responsible for advising the assigned Court Reporter prior to transcription. Notification after complete or partial transcription will not relieve the party of costs incurred to the point of notification.
(4)The transcript and one copy will be prepared at the requesting individual’s expense. Upon completion, the original transcript shall be filed with the Clerk of the District Court and the copy delivered to the requesting individual.
D.Review of Electronic Tapes of Court Proceedings
(1)Counsel may review the electronic tape recording of court proceedings only upon first obtaining the consent of the presiding judge. The Clerk of the District Court may designate the time, place and manner of review and shall designate either a Certified Shorthand Reporter or a Clerk of the Court to assist counsel and monitor the review. Under no circumstances shall the tape recordings be taken from the Court, the office of the presiding judge or the office of the Clerk of the District Court.
(2)At the discretion of the presiding judge, a copy of the digital record may be placed upon a CD, DVD or other electronic format; however, a CD, DVD or other electronic format will not be cited in Court as the official record. The Clerk of the Court shall charge a reasonable handling fee for reproduction upon a CD, DVD or other electronic format, which funds shall be paid to the General Fund of the County.