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Civil 8

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CIVIL RULE - NO. 8

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Motions

  1. Bench Copies. Copies of all motions, briefs in support, and briefs in opposition shall be provided by counsel to the assigned judge/division electronically (unless otherwise specified) at the time of filing to aid in the prompt adjudication of these matters. Selecting to provide a “bench copy” or “judicial review” copy when e-filing does NOT specifically transmit the document to the division, as contemplated by this Rule. Instead, direct email transmission to the specific assigned division is recommended to ensure receipt

  2. Requests for Hearing. Requests for hearing on motions should be made to the division in which they are filed or, when appropriate, to a hearing officer. Whenever possible, indicate in the upper right-hand corner of the motion and any supporting or opposing briefs the time and date on which the motion has been set for hearing. Counsel and self-represented litigants are responsible for either requesting and procuring a hearing date for any pending motion on which they require ruling or advising the judge/division that the matter is ready for determination and no argument is requested.

  3. Response Deadline. If a motion is filed and the deadline for filing a response to such motion is not clearly set forth in either the Kansas statutes or the Kansas Supreme Court rules, the deadline for filing a response shall be 14 days after service of the motion.

  4. DOC Number. Any reference to a prior pleading filed in the case shall include the pleading’s record of appearance docket number (Index #).

  5. Submission of Proposed Orders. Proposed orders shall not be submitted along with motions, unless signed by all counsel, or the motion and proposed order specifically recites that all affected parties have been consulted and have no objection to the motion.

  6. Waiver of Oral Argument. Counsel wishing to submit motions on the merits of the motion without argument shall notify the judge the matter is ready for determination, pursuant to Supreme Court Rule 133.

  7. Page Limitations. Except as the court may specially authorize, the length of briefs shall not exceed the following:

    1. Motions for summary judgment, to dismiss, and for judgment on the pleadings
    2. Brief in support–50 pages
      Brief in opposition–50 pages
      Reply brief–20 pages
    3. All other motions
    4. Brief in support–20 pages
      Brief in opposition–20 pages
      Reply brief–10 pages
    5. Any motion to exceed page limitations must be submitted before submission of the brief and shall include a specific total page request. Such motions may be ruled upon without waiting for a response from any other party. If a motion is granted increasing the size of a brief in support, the page limit for the brief in opposition is automatically increased to the same page limit.

      Any brief that exceeds the page limitations may be stricken by the court.