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Rule 12: General Practice and Procedure
| 12.1 |
All pleadings, briefs, and other papers prepared by attorneys or litigants for filing in the courts shall, unless the judge specifically permits otherwise, be typed with black ink on one side only of standard size (8 ½" x 11") sheets and shall include the name, address, and telephone number of the attorney (or of the defendant, if the defendant has no attorney) filing them. Typing shall be double-spaced except that single spacing may be used for subparagraphs, legal descriptions of real estate, itemizations, quotations, and similar subsidiary portions of the instrument. The Municipal Court docket number (if available) and the Wichita Police Department case number must be included with the caption upon each pleading to be filed. |
| 12.2 |
In the absence of a specific directive by the court, the original of a pleading, brief or memorandum shall be filed with the clerk of the court. Other communications with the judge shall be mailed or delivered to the judge handling the matter at his chambers. Copies of briefs, memoranda or communications shall be forwarded to other counsel of record. This rule does not supersede the requirement of any specific statute, ordinance or rule as to the filing of documents. |
| 12.3 |
The records of the Clerk's Office are open to the public as provided in K.S.A. 45-215 through 45-223. Copies of such records may be provided, where permitted by law or by order of the Court, at a reasonable reproduction cost to be set by the Court Administrator. Non-court personnel or other persons not employed by the municipal court who request access to, or copies of, such records may be required to wait a reasonable time for such access or copies of court records per the administrative discretion of the Court Administrator based upon the other duties and responsibilities of the court staff. |
| 12.4 |
No court file or record of the court shall be permitted to be outside of the physical possession and control of the clerk or judge except to counsel of record in the case or other officer of the court with the permission of the court clerk or a judge and subject to being returned immediately upon request. |
| 12.5 |
No court file or record shall be taken outside of City Hall except by order of the judge and with the prior knowledge of the court administrator. |
| 12.6 |
Whenever a judge shall make a ruling on a motion or application of any kind, and there are parties affected who have appeared in the action at a prior time, but who are not then present either in person or by their attorneys, the judge shall cause written notice of such ruling to be mailed to the parties or attorneys forthwith. |
| 12.7 |
All matters taken under advisement by a judge shall be decided with dispatch. If, however, the matter is not decided within thirty (30) days after final submission, within five (5) days thereafter the judge shall file with the administrative judge a written report setting forth the title and the number of the case, the nature of the matter taken under advisement, and the reasons why a judgment, ruling or decision has not been entered. |
| 12.8 |
A court is not required to give effect to stipulations between counsel, or oral admissions of counsel, which are not reduced to writing and signed by the counsel to be charged therewith, or which are not otherwise made a part of the record of the case by consent of the Court. See K.S.A. 12-4504. |
| 12.9 |
In all contested matters submitted to a judge including pretrial motions, the judge shall state the controlling facts and the legal principles controlling the decision. If evidence was admitted over proper objections, and the judge does not specifically state in such decision that such evidence was not considered, then it shall be presumed in all subsequent proceedings that the evidence was considered by the judge and did enter into his decision. |
| 12.10 |
Except as otherwise directed by the municipal court judge, the court's notations and memoranda upon the disposition sheet in a docketed case, or upon the citation in a case not yet docketed for a court appearance, shall serve as the journal entry of judgment and sentencing. In those cases in which the court directs counsel to prepare a formal journal entry, such counsel preparing the journal entry shall, within ten (10) days (unless another time is specifically directed by the judge) serve copies thereof on all other counsel involved who shall, within ten (10) days after service is made, serve on the counsel preparing said journal entry any objections in writing. At the expiration of the time for serving objections, counsel preparing said journal entry shall submit the original, together with any objections received, to the judge for approval. If counsel cannot agree as to the form of the journal entry, the judge shall settle the journal entry after a hearing. Orders or other documents containing rulings of the judge other than judgments shall be prepared in accordance with the directions of the judge. |
| 12.11 |
Neither photographic, audio nor electronic recording shall be allowed on the third floor of City Hall except upon prior notice being given to the court administrator and as permitted by the administrative judge pursuant to guidelines consistent with Supreme Court Rule 601A, Canon 3, of the Code of Judicial Conduct. |
| 12.12 |
No general index kept pursuant to statute or ordinance shall be destroyed. |
| 12.13 |
No records which are required by city, state or federal law to be preserved shall be destroyed. |
| 12.14 |
Facsimile filing or "filing by fax" through the transmission of a document to the court shall be permitted for the following pleadings:
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Entry of Appearance
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Written requests for the Clerk of the Court to pull case files or records at the request of the attorney of record in such case
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Motions to suppress evidence
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Motions to withdraw as counsel of record |
| 12.15 |
Any person requesting withdrawal of a warrant, release from custody of any prisoner, modification of bond, or modification of conditions of probation or parole, must first take such request to the municipal court judge entering the order from which such relief is requested, or wait to address such matter before the municipal court judge scheduled to hear the next regularly scheduled docket appearance, hearing or trial in such matter. If such municipal court judge is not available due to absence, illness, or disqualification, the person making the request for relief may take the matter before another regularly appointed municipal court judge. Violation of this rule for any reason is prohibited and will result in sanctions being imposed by the Court. |
| 12.16 |
Once a uniform citation and notice to appear is filed with the court, the only additional handwritten information which may be added to such citation shall be:
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a court clerk's notations relating to any oath given thereupon or relating to the filing and docketing of the charges alleged upon such citation;
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a judge's notations relating to the withdrawal of any warrant thereupon;
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a prosecutor's notations relating to the dismissal of one or more charges alleged within such citation; and
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a court clerk's notations as authorized by statute relating the disposition of all charges still pending by a plea of "guilty" or "no contest" after dismissals (if any) of other charges by the prosecutor;
No other writing upon such citation, or amendments to charges originally alleged upon such citation, shall be allowed by the court to be made upon the citation itself once such citation is filed with the clerk of the court. |
| 12.17 |
All amendments to the charges alleged in a uniform citation and notice to appear shall be made on a disposition sheet after such charges alleged in such citation have been placed upon a disposition sheet for docketing, or by the filing of a separate citation or amended complaint. |
| 12.18 |
No judge shall enter a sentence or other final disposition upon the citation form of a uniform citation and notice to appear as to any pending charges alleged in such citation. In the absence of a disposition sheet docketing the charges alleged in the uniform citation and notice to appear the only proper method for disposition of such charges will be either:
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by the prosecutor's dismissal of all such pending charges on the face of such uniform citation and notice to appear; or
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by the defendant's plea(s) of "guilty" or "no contest" to all pending charges alleged in such citation coupled with the contemporaneous payment of the scheduled fine and costs, where permitted by statute or court rule. |
| 12.19 |
No judge shall upon the citation form extend the time in which a defendant may respond to the allegations alleged in such citation, nor extend the time in which a defendant may pay any fines or costs by making any written notations upon such form. All such extensions of time by a judge may only be made upon the disposition sheet docketing such charges within such citation. |
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Related to Rules of the Municipal Court |
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