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CIVIL RULE - NO. 2
Assignment of Cases.
- Chapter 60 Civil Case Assignment.
Chapter 60 cases will be randomly and permanently assigned
among the judges assigned to the civil department of the court in a manner approved
by the Chief Judge.
- Chapter 61 Civil Case Assignment
All Chapter 61 limited action cases will be assigned
to a magistrate judge unless otherwise directed by the Chief Judge. Any case transferred to a
district judge pursuant to K.S.A. 61-2910 will be randomly assigned to a judge assigned to the
civil department of the court in a manner approved by the Chief Judge
- Refiled Cases. Any case dismissed
and refiled will be assigned to the same division to which it had previously been
assigned. The Clerk must be advised of the re-filing, prior case number and assigned
division for the prior case upon submission of the re-filed case.
- Motions for Consolidation of Cases.
Motions under K.S.A. 60-242 to consolidate two or
more cases will be ruled upon by the judge assigned to the case with the lowest case number.
Upon filing of such a motion, the movant shall notify all presiding judges of the filing of the
motion in the appropriate division. Upon consolidation, all of the consolidated cases will be
assigned to the division in which the case with the lowest case number was assigned. After
consolidation, unless otherwise ordered by the assigned judge, any case numbers that have been
consolidated into another number will be administratively terminated
- Conduct After Assignment. After
a case has been assigned to a judge, the assigned judge will have full charge of
the case and all further hearings and proceedings will be before that judge, except
as provided below.
- Unavailability of Judge. When
the judge of any division is unavailable, any case assigned to that judge may be
tried before any other judge by agreement of the judge before whom the case is to
be heard. Ex parte and agreed orders may similarly be presented to another judge
of the civil department when an assigned judge is unavailable.
- Protection from Abuse and Protection from
Stalking Act Cases. A civil case under the Protection from Abuse or Protection
from Stalking Act ("PFA or PFS case") ordinarily is initially assigned
to a magistrate judge. If, however, a domestic relations action (which, under Local
Rule 18, includes divorce, separate maintenance, annulment, and paternity cases)
is pending at any time before the termination of the PFA or PFS case (including
the termination of any final orders) and the PFA or PFS case involves (a) the same
parties or (b) one of those parties by or against a child subject to court jurisdiction
in the domestic relations action, then the PFA or PFS case will be automatically
reassigned to the district judge assigned to the domestic relations action.
If a PFA or PFS case is filed (a) (1) either on behalf of a party to a previously-filed domestic relations action or (2) on behalf of a child still subject to court jurisdiction under a previously filed domestic relations action, and (b) the PFA or PFS case names as a defendant (1) the other party to that previously-filed domestic relations action (2) a step-parent, or (3) a child still subject to court jurisdiction in that previously-filed domestic relations action, then the PFA or PFS case shall be assigned to the judge to whom the previously filed domestic relations action is then assigned. - Reassignment or Recusal. When
any judge has occasion to ask that a case or cases be reassigned, such reassignment
shall be: (a) by the method of random assignment generally used for initial case
assignment; (b) in cases in which reassignment is for reasons other than recusal
of the initially assigned judge, by order of the judge directing reassignment with
the consent of the successor judge; or (c) by order of the Chief Judge or the Chief
Judge’s designee for this purpose.