DIVISION 10 DOMESTIC HEARING INFORMATION

 

         Beginning January 1, 2021, please be advised of the following procedures for evidentiary hearings and trials held in Division 10:

 

1.  CONTINUANCES:  Counsel or Pro Se parties must file a motion to continue within 7 days of trial.  Otherwise, once the Court has set a case for trial, the Court will only grant a continuance for good cause shown.  Parties should request a continuance at the earliest possible time in advance of the trial date.

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Grounds for Continuances Generally Deemed Sufficient

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         a. sudden medical emergency (not elective medical care) or death of a party, counsel, or material witness who a party has subpoenaed;

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         b. facts or circumstances arising or becoming apparent too late in the proceedings to be fully corrected and which, in the view of the Court, would likely cause undue hardship or possibly a miscarriage of justice if the trial is required to proceed as scheduled.

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Grounds for Continuance Generally deemed Insufficient

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         a. the Court has not previously continued the case;

         b. the parties may settle the case if the Court grants a continuance

         c. new counsel has entered an appearance in the case, or a party wants to retain new counsel

         d. a witness who a party has not subpoenaed is unavailable;

         e. a party or counsel is unprepared to try the case or reasons including but not limited to the party’s failure to maintain necessary contact with counsel;

        

2.  MOTIONS: Counsel must file their motion in a timely fashion, which would allow the opposing party to have 5 days to review and respond to the motion. 

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a. Counsel should file their motions in a timely fashion and serve the same on the opposing party and provide a chamber copy to the Court.  Counsel may email a copy to tina.rockey@kscourts.org and kathleen.lynch@kscourts.org.

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b. The Court will review Motions to Continue within the Guidelines set out in paragraph 1 of this docket.

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3.  INTERPRETERS:  When counsel or party is aware of the need for the interpreter, they shall inform the administrative assistant in Division 10 in writing at the earliest possible date. 

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4. WITNESS AND EXHIBIT LISTS: Witness and Exhibit lists must be filed within 14 days of an evidentiary hearing or trial.

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