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Rule 21: Post-Trial Matters
| 21.1 |
All post-trial motions, including motions for a new trial, may be made orally to the Court at the conclusion of the trial of a case. Any post-trial motion made subsequent thereto must be accompanied by reasonable notice to the Court and adverse parties, evidence of which shall be filed with the Court Clerk. |
| 21.2 |
Copies of post-trial motions, if in writing, must be duly served upon adverse parties. All post-trial motions challenging a conviction or sentence imposed in a municipal court case must be filed no later than ten (10) days from the date of sentence. See K.S.A. 12-4512. |
| 21.3 |
Any post-sentencing motion (other than appeal) challenging, or to set aside, the conviction or judgment, or to grant expungement of conviction, shall not be accepted by the clerk of the court without the payment of a fee of $50.00, unless such fee in waived upon grounds of the movant's indigency by order of the court. See Charter Ordinance 122, Section 8 (c) and Section 9 (c). |
| 21.4 |
Once a judge has made a determination of guilt following a plea or trial and has ordered a pre-sentence investigation, imposed a sentence or granted a parole or probation, such judge entering such order(s) shall normally determine all matters concerning such case to the exclusion of another judge. Any case in which a defendant convicted at trial, or by plea of guilty or no contest, before a Pro Tempore Judge may be transferred by the administrative judge to any other municipal court judge, or judge pro tempore, for the determination of any post-trial motions and sentencing as may be appropriate or necessary. |
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Related to Rules of the Municipal Court |
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