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Steven R. Ebberts, Administrative Judge 214 SE 8th Topeka, KS 66603-3914 785-368-3776 Tel 785-368-3782 FAX	Municipal Court Contacts

Rule 15: Motion Practice
15.1 TCC §50-79 and the Kansas Code of Criminal Procedure shall govern, insofar as
may be applicable, the procedure for filing, service and hearing of motions except as
otherwise provided for by these rules. The provision of K.S.A. 60-206 shall govern
when determining whether motions were filed in a timely manner, except as
otherwise specified within these Rules or City Ordinance.

15.2 All motions, other than standard discovery matter not requiring argument or
evidentiary hearings, shall be timely filed with the Court Clerk and copies sent to the
adverse party. The party filing the motion is responsible for providing a timely written
notice of hearing upon such motion to opposing counsel, or if none, to the adverse
party fourteen (14) days in advance of hearing and disposition thereof.

15.3 All motions, other than a standard discovery request, are to be set for hearing unless an agreed and stipulated order can be approved by both the defendant and by the Prosecutor. Motions requiring hearing shall be set at such other time and date at the
discretion of the Judge hearing such motion and with not less than fourteen (14)
days notice to the parties. Typically, motions concerning the merits of a case are to
be heard on the date of trial. If the matter is urgent, notice shall be given as is
reasonable under the circumstances. Nothing in this rule shall be construed to
prevent the parties, acting through their respective counsel, from agreeing on a date
for hearing on a motion or trial of the action on its merits provided counsel first
receives the approval of the date from the Judge to whom the action is assigned.

15.4 Every motion made in writing which seeks a ruling on some part of the merits of the
action may be accompanied by a short memorandum setting forth (a) any reasons
for the motion not fully stated in the motion itself, and (b) a list of the case(s) and
statutory authorities which are necessary for the Judge to consider in ruling on the
motion. The adverse party may serve and file a similar memorandum in opposition
to the motion. In the absence of a request by either party for oral argument in
accordance with this Rule, the Judge may set the matter for hearing or rule upon the
motion forthwith and communicate the ruling to the parties.

15.5 Motions to suppress evidence in a given case must be made in writing, filed and
served on opposing parties or counsel no less than fourteen (14) days before the
scheduled trial on the merits of the case, unless evidence subject to suppression
arises in the course of trial as a matter of legitimate surprise during such trial.

15.6 All motions for disqualification of a Judge shall be in writing, in affidavit form, certified by the defendant, and comply with the following guidelines:

• A. The affidavit may be filed no later than three (3) days prior to the
  commencement of trial and shall recite that the party cannot have a fair and
  impartial trial by reason of the interest or prejudice of the Judge, or for other
  grounds provided by law.
• B. Only one affidavit shall be filed by the same party in the case.
• C. Where the motion for disqualification of a Municipal Court Judge is filed, the
  Judge sought to be disqualified shall first be assigned to hear the request. The
  Judge may, in his/her discretion, transfer said motion to another Municipal
  Judge for hearing or deny the application.
• D. Where the Municipal Judge refuses to recuse himself or herself from a case
  upon request of one of the parties, such party may then take such application to
  the Administrative Judge for further review of the denial of the disqualification
  application.
• E. The Judge to whom a case is assigned shall accept the case unless he/she
  voluntarily elects to recuse himself/herself, or within the sound discretion of the
  Administrative Judge, the interests of justice require that the case not be heard
  by that Judge. Failure of the party requesting disqualification of a Judge to comply with this Rule shall be deemed to be sufficient grounds, in the discretion of the Judge, for overruling such request.

15.7 When a Judge is called upon to rule on a motion, the elapsed time between final
submission of the motion and the ruling thereon shall not exceed fourteen (14)
calendar days.

Steve Eberts: Administrative Judge | Download a complete copy of all rules here.