Rule 12: General Practice and Procedure
12.1 All pleadings, briefs, and other papers prepared by attorneys or pro se defendants
for filing in the Court shall, unless the Administrative Judge specifically permits
otherwise, be typed with black ink on one side only of standard size (8½” x 11”)
sheets and shall include the name, address and telephone number of the attorney
(or of the defendant, if the defendant has no attorney) filing them. Typing shall be
double-spaced except that single-spacing may be used for subparagraphs, legal
descriptions of real estate, itemizations, quotations, and similar subsidiary portions of
the instrument. The Municipal Court docket number (if available) or Topeka Police
Department case number must be included with the caption upon each pleading to
be filed.
12.2 All pleadings, briefs or other memorandum shall be filed with the Clerk of the Court.
Copies of briefs, memoranda or communications shall be served on counsel of
record. This rule does not supersede the requirement of any specific statute or
ordinance as to the filing of documents.
12.3 The records of the Municipal Court Clerk’s office may be subject to the Kansas Open
Records Act. If so, copies of such records may be provided, where permitted by law
or order of the Administrative Judge, at a reasonable reproduction cost to be set by
the Administrative Judge. The Administrative Judge may also establish a reasonable
cost for certified copies.
12.4 No Court file or record of the Court shall be permitted to be outside of the physical
possession and control of the Clerk or Judge except to counsel of record in the case
or other office of the Court with the permission of the Administrative Judge and
subject to being returned immediately upon request. No Court file or record shall be
taken outside the Municipal Court building or Probation offices except by order of the
Administrative Judge.
12.5 Whenever the Judge shall make a ruling on a motion or application of any kind, and
there are parties affected who have appeared in the action at a prior time, but who
are not then present either in person or by their attorneys, the Judge shall cause
written notice of such ruling to be mailed via U.S. mail, first class, to the parties or
attorneys of record forthwith.
12.6 All matters taken under advisement by the Judge, including Motions as provided in
Rule 15.7, shall be decided with dispatch. If, however, the matter is not decided
within fourteen (14) days after final submission, within five (5) days thereafter the
Judge shall file with the Administrative Judge a written report setting forth the title
and the number of the case, the nature of the matter taken under advisement, and
the reasons why a judgment, ruling or decision has not been entered.
12.7 The Judge is not required to give effect to stipulations between counsel, or oral
admissions of counsel, which are not reduced to writing and signed by the counsel to
be charged therewith, or which are not otherwise made a part of the record of the
case.
12.8 In all contested matters, including pretrial motions submitted to a Judge, the Judge
may state the controlling facts and the legal principles controlling the decision. If
evidence was admitted over proper objections, and the Judge does not specifically
state in such decision that such evidence was not considered, then it shall be
presumed in all subsequent proceedings that the evidence was considered by the
Judge and entered into his/her decision.
12.9 Except as otherwise directed by the Administrative Judge, a Judge’s notations and
memoranda entered upon the disposition sheet in a docketed case, or entered into
the Court’s electronic docket and calendaring case management system shall serve
as the journal entry of judgment and sentencing unless a formalized Journal of
Judgment or other form of disposition documentation is utilized by the Court. In
cases where there is a conflict, the Judge’s notations shall prevail. In those cases in
which the Court directs counsel to prepare a separate journal entry, such counsel
preparing the journal entry shall, within ten (10) days (unless another time is
specifically directed by the Judge) serve copies thereof on all other counsel involved
who shall, within ten (10) days after service is made, serve on counsel preparing
journal entry any objections in writing. At the expiration of the time for serving
objections, counsel preparing the journal entry shall submit the original, together with
any objections received, to the Judge for approval. If counsel cannot agree as to the
form of the journal entry, the Judge shall settle the journal entry after a hearing.
Orders or other documents containing rulings of the Judge other than judgments
shall be prepared in accordance with the directions of the Judge, but in a format and
process established by the Administrative Judge.
12.10 No photographic, audio or electronic recording shall be allowed on Court premises
except upon prior permission by the Administrative Judge pursuant to the guidelines
consistent with Supreme Court Rules governing the Code of Judicial Conduct.
12.11 No general index kept pursuant to statute or ordinance shall be destroyed.
12.12 No records, which are required by city, state or federal law to be preserved shall be
destroyed.
12.13 Facsimile filing through the transmission of a document to the Court shall be
permitted for the following pleadings:
- A. Entry of Appearance
- B. Written requests for the Clerk of the Court to pull case files or records at the
request of the attorney of record in such case
- C. Motions to suppress evidence
- D. Continuances
- E. Motions to withdraw as counsel of record
12.14 Any person requesting withdrawal of a warrant, release from custody of any prisoner,
modification of bond, or modification of conditions of probation or parole, must first
take such request to the Administrative Judge. If the Administrative Judge is not
available due to absence, illness or disqualification, the person making the request
for relief may take the matter before another regularly appointed Municipal Court
Judge. Violation of this rule is prohibited and will result in sanctions being imposed
by the Court.
12.15 Once an original uniform citation and notice to appear is filed with the Court the only
additional handwritten information which may be added to such citation shall be:
- A. A Court Clerk’s notations relating to any oath given thereupon or relating to the
filing and docketing of the charges alleged upon such citation;
- B. A Judge’s notations relating to the withdrawal of any warrant thereupon;
- C. A Prosecutor’s notations relating to the dismissal of one or more charges
alleged within such citation; and
- D. A Court Clerk’s notations as authorized by statute relating to the disposition of
all charges still pending by a plea of “guilty” or “no contest” after dismissals (if
any) of other charges by the Prosecutor.
No other writing upon such citation, or amendments to charges originally alleged
upon such citation, shall be allowed to be made upon the original citation itself once
such original citation is filed with the Clerk of the Court.
12.16 All amendments to the charges alleged in a uniform citation and notice to appear
shall be made on a disposition sheet after such charges alleged in such citation have
been placed upon a disposition sheet for docketing, or by the filing of a separate
citation or amended complaint.
12.17 No Judge shall enter a sentence or other final disposition upon the original uniform
citation and notice to appear as to the pending charges alleged in such citation. In
the absence of a disposition sheet docketing the charges alleged in the uniform
citation and notice to appear the only proper method for disposition of such charges
will be either:
- A. By the Prosecutor’s dismissal of all such pending charges on the face of such
uniform citation and notice to appear; or
- B. By the defendant’s plea(s) of “guilty” or “no contest” to all pending charges
alleged in such citation coupled with the contemporaneous payment of the
scheduled fine and costs, where permitted by statute or Court rule.
12.18 No Judge shall extend the time in which a defendant may respond to the allegations
in the uniform citation and notice to appear, nor extend the time in which a defendant
may pay fines or costs by making any written notations upon such citation. All such
extensions of time may only be effectuated by the appropriate entry of a Judge by a
clerk into the Court’s computerized docket and calendaring case management
system.
Steve Eberts: Administrative Judge |
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