Rule 3.600 - Probate Proceedings; General ProvisionsA. FORM OF PLEADINGS 1. In all cases coming under Chapter 59, K.S.A. applications made to the court are to be made in the form of a written petition, signed by the petitioning party, and verified upon oath taken before a notary public or other person authorized to administer oaths. Every application made to the court shall comply in form to the requirements of K.S.A. 59-2201, K.S.A. 59-2202 and K.S.A. 59-103(b) in a probate proceeding. 2. Every petition shall contain the following: a. the specific title of the pleading which shall specifically identify the document being filed;b. the name, residence and address of petitioner; c. the interest of the petitioner and his or her right to apply to the court; d. the jurisdictional facts; e. the pertinent allegations of fact and law in simple, concise and direct terms, which shall be in numbered paragraphs, with each paragraph containing a statement of a single set of facts; andf. a concise and complete statement of all relief sought by the petitioner. Orders or journal entries submitted to the Court shall recite the factual basis for the requested relief in the same manner as the petition.
3. All new filings shall contain a completed Cover Sheet as established by Shawnee County District Court. B. SCHEDULING OF CASES 1. It shall be the duty of the filing attorney (or pro se petitioner) to obtain, at the time of the filing of the petition, a hearing date for the hearing of the petition filed, and to provide an "Order for Hearing" presented to the Court for execution and filing. COMMENT: Commencement of any action requires both the filing of the petition and the obtaining of an "Order for Hearing" (or equivalent). Just filing the petition will not result in the matter being scheduled for hearing and may result in substantial prejudice to the petitioning party
2. Cases shall be scheduled for hearing by contacting the Court's Administrative Assistant/Bailiff to obtain the calendar setting. (In her absence matters requiring emergency attention may be scheduled by the supervising clerk of the probate section in the Clerk of the District Court's office.) The Order for Hearing shall be presented to the Judge's office for signing. 3. Any order that is for the purpose of scheduling only shall be executed by the Bailiff and shall have the same effect as though signed by the Judge in person. 4. It shall be the duty of the filing attorney to know the law with respect to notice requirements and time limitations imposed by statute as it applies to the case being filed. It shall not be the duty of the Bailiff/Administrative Assistant to give advice either on substantive or procedural aspects of the law. C. STANDING ORDERS; SCHEDULING APPROVAL OF ANNUAL ACCOUNTINGS The Court shall issue an order to the Clerk directing the scheduling of Petitions to Approve Annual Accountings -- Trusts, Conservatorships, Curatorships. Any order setting such hearing which is signed by the Clerk, or a duly appointed deputy, shall have the same effect as if signed personally by a Judge of the District Court.