15.1	The Code of Criminal Procedure (K.S.A. 22-3208 et seq.) shall govern, insofar as applicable, the procedure for the filing, service and hearing of motions except as otherwise specified within the Rules of the Municipal Court. Time computation standards in K.S.A. 60-206 shall govern when determining whether motions were filed in a timely manner, except as otherwise specified within the Rules of the Municipal Court. See K.S.A. 12-4408.
15.2	All motions, other than standard discovery matters not requiring argument or evidentiary hearings, shall be timely filed with the Court Clerk and copies sent to the adverse party. The party filing the motion is responsible for providing a timely written notice of hearing upon such motion to opposing counsel, or if none, to the adverse party seven (7) days in advance of hearing and disposition thereof.
15.3	All motions, other than a standard discovery request, are to be set for hearing unless an agreed and stipulated order can be approved by both the defendant and by the prosecutor. Motions requiring hearing shall be set at such other time and date at the discretion of the judge hearing such motion, and with not less than seven (7) days notice to the parties affected. If the matter is urgent, notice shall be given as is reasonable and possible under the circumstances. Nothing in this rule shall be construed to prevent the parties, acting through their respective counsel, from agreeing on a date for a hearing on a motion or trial of the action on its merits provided counsel first receives the approval of the date from the judge to whom the action is assigned.
15.4	Every motion made in writing which seeks a ruling on some part of the merits of the action may be accompanied by a short memorandum setting forth (a) any reasons for the motion not fully stated in the motion itself, and (b) the citation, without extended elaboration, of any authorities which it is necessary for the judge to consider in ruling upon the motion. An adverse party may serve and file a similar memorandum in opposition to the motion. In the absence of any request by either party for oral argument in accordance with this Rule, the judge may set the matter for hearing or rule upon the motion forthwith and communicate the ruling to the parties.
15.5	With the consent of the Court all pre-trial motions and matters requiring a ruling prior to a trial on the merits, and after prior notice to opposing parties or counsel, may be oral and informal, and heard on the day of trial.
15.6	Motions to suppress evidence in a given case must be made in writing, filed and served on opposing parties or counsel no less than seven (7) days before the scheduled trial on the merits of the case, unless evidence subject to suppression arises in the course of trial as a matter of legitimate surprise during such trial.
15.7	All applications for disqualification of a judge shall be in writing, in affidavit form and certified by the defendant, and comply with the following guidelines: Such affidavit may be filed no later than three (3) days prior to the commencement of trial and shall recite that the party cannot have a fair and impartial trial by reason of the interest or prejudice of the judge, or for other grounds provided by law. Only one such affidavit shall be filed by the same party in the case. Where such application for disqualification of a municipal court judge is filed, the judge sought to be disqualified shall first be assigned to hear the request; such judge may, in his or her discretion, transfer said motion or cause to another municipal judge for hearing, or deny the application. Where a municipal court judge refuses to recuse himself or herself from a case upon request of one of the parties, such party may then take such application to the administrative judge for further review of the denial of the disqualification application. A judge to whom a case is assigned shall accept that case unless he or she voluntarily elects to recuse himself or herself, or within the sound discretion of the administrative judge, the interests of justice require that the case not be heard by that judge. Failure of the party requesting disqualification of a judge to comply with this Rule shall be deemed to be sufficient ground, in the discretion of the Court, for overruling such request. When a court is called upon to rule on a motion, the elapsed time between final submission of the motion and the ruling thereon shall not exceed thirty (30) days, except that the ruling time on the constitutionality of a city ordinance shall not exceed sixty (60) days.

Back to Top

Printer Friendly Version Related to Rules of the Municipal Court Main Rule 01: Prefatory Rule Rule 02: Definitions Rule 03: Court Hours Rule 04: Presiding or Administrative Judge Rule 05: Judges Pro Tempore Rule 06: Appearance Bonds Rule 07: Procedures Involving Notices to Appear Rule 08: Counsel Rule 09: Daily Docket - Sessions Rule 10: General Rules of Court Decorum and Safety Rule 11: Court Appearances - Failure to Appear Rule 12: General Practice and Procedure Rule 13: Diversions and Deferred Judgment Practice Rule 14: Discovery Rule 15: Motion Practice Rule 17: Docket Call, Arraignment, and Trial Practice Rule 18: Continuances Rule 19: Dismissals Rule 20: Costs, Fees and Conditions of Release After Sentence Rule 21: Post-Trial Matters Rule 22: Appeals Rule 23: Expungement Rule 24: Administrative Traffic Court Rule 25: Impound Hearings and Civil Rights Administrative Hearings Rule 26: Publication of Rules