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CIVIL RULE - NO. 3
Pleadings, Documents, etc.
- Designation of Counsel. Any pleading filed by an attorney in any
action or proceeding shall contain the Supreme Court registration number of the attorney filing the same and shall
clearly indicate the party or litigant represented by such attorney. All pleadings filed by a law firm or by multiple
counsel shall designate the responsible local attorney for purposes of notice. Any change in designation
shall be made to the court and all other parties in writing.
- Signatures of Local Counsel.
All pleadings or other papers filed by attorneys from other states pursuant to Supreme Court Rule 116
must also be signed by an attorney licensed to practice law in Kansas.
- Service of Pleadings Regarding Execution
on Judgments.It shall be the responsibility of counsel and self-represented litigants
to furnish to the clerk or to the sheriff any needed directions and information for the preparation, issuance,
or taking of property or persons, or for the sale or other disposition of property, including the correct
amount of the judgment and interest accrued. Counsel and self-represented litigants shall
also be responsible for the preparation of all orders of sale and publication notices,
including notices of suit and notices of sale, and shall prepare the sheriff's return for judicial sales.
- Captions in Divorce Cases. In all cases
involving divorce, separate maintenance, or annulment, the caption designated by K.S.A. 23-2704(b)
shall not be applicable to garnishment or summons papers issued by the clerk's office, as such papers are not pleadings under K.S.A. 60-207.
For such papers the first named party in a petition shall be considered the plaintiff, or petitioner, and the second named party shall be considered the defendant, or respondent, for purposes of service. In all authentications or certifications of divorce, separate maintenance and annulment matters, the clerk shall use the caption style provided in K.S.A. 23-2704(b), namely "In the matter of the marriage of ______________________ and ______________________ ." - Entry of Appearance.Each attorney who desires to be electronically associated to a case,
thereby enabling access to the records and receipt of electronic notifications from Odyssey/Centralized Case Management regarding the case,
must file a separate signed entry of appearance. Group or law firm entries do not achieve the individual attorney association to the case.
The entry must include the current accessible e-mail address for each attorney on the case.
- Authorization for Electronic Service KSA 60-211, as amended,
requires that signature blocks on all filed papers
include the signer’s e-mail address. KSA 60-205, as amended, allows service of
papers upon opposing counsel and parties “by electronic means when authorized by
supreme court rule or a local rule.” This rule, therefore, authorizes service of
all papers, except those required to be served with a summons or required to be
served by other specific means, by e-mail or other electronic means if and when
opposing counsel or parties have complied with KSA 60-211, as amended, or
otherwise provided their e-mail or other electronic address to use for such
service. Service by e-mail or electronic means is deemed complete when
transmitted, unless returned as undeliverable.
- Generative Artificial Intelligence (“Generative A.I.”) certification.
- For purposes of this Civil Rule No. 3, “Generative A.I.” means: any machine-learning
model/application that can create original content—such as text, images, video, audio or software code—in
response to a filing party’s prompt or request, including but not limited to: ChatGPT, Co-Counsel, Google
Bard, Neeva, Harvey, Ironclad, Bing, and similar commercial technology.
- Litigants and their counsel have been and remain responsible for the content, accuracy, and quality of
legal pleadings and papers submitted to the Court. This remains their obligation, even with the advent of
Generative A.I., in the context of preparation and submission of case-related filings. Ethical obligations,
applicable rules, and other legal authority (KSA 60-211, 60-212, inherent sanction authority, etc.) generally
address such responsibilities, and the use of Generative A.I. applications must be consistent with these
overarching obligations. There are inherent risks in using such Generative A.I. applications in drafting legal
pleadings and/or papers, including risks of inaccuracy and/or non-existence of generated and proposed legal
citations/authority.
- In that regard, to further promote and ensure the accuracy and quality of legal pleadings and papers
submitted to the Court, affirmative certification is appropriate and necessary for all filings subject to these
Rules. Material misrepresentations within the certification of compliance set forth below, subsection (d),
may result in striking of the document and/or sanctions or other consequences imposed upon the filing party
and/or their attorney. Further, failure to include the required certification set forth below may result in the
pleading being stricken or rejected, subject to re-submission in compliance with the Rule.
- Effective upon the adoption of this Rule, all litigants and/or their counsel shall include and complete the
following alternative certifications, which shall be placed immediately prior to the signature block for the
filing party:
□ [Pursuant to Local Rule 3.7, the undersigned hereby certifies that no portion of [Title of Document] was drafted/prepared using Generative A.I.
OR □ [Pursuant to Local Rule 3.7, the undersigned hereby certifies that Generative A.I. was used to draft/prepare [Title of Document]. Specifically, [Name of A.I. tool] was used, in whole or in part, to draft/prepare this submission. The undersigned further certifies that he/she has independently verified the accuracy of every citation to the law or to the record and that any language drafted by Generative A.I., including quotations, citations, paraphrased assertions, and/or legal analysis has been included and submitted after considering the requirements of KSA 60-211 and any applicable ethical rules governing attorneys. - Any party filing any paper with the Court, regardless of whether the required certification is included, is deemed to have reviewed this Civil Rule and impliedly represents, with his or her signature, that she/he has made good-faith efforts to ensure compliance with filing obligations, including the obligation to verify that any use of Generative A.I. is consistent with their obligations under Kansas law and these Rules