Rule 4.205 - Motions in Civil Cases(1).Form and Filing. All motions, unless made during a hearing or at trial, shall be in writing and shall be filed with the clerk. An original shall be filed and shall be accompanied by a brief or memorandum suggesting the reasons and authorities in support. (2).Responses and Replies to Motions. A party opposing a motion other than one to dismiss or for summary judgment shall, within ten (10) days after service of the motion upon it, file an original with the clerk and serve upon all other parties a written response to the motion containing a short, concise statement of his opposition to the motion, and if appropriate, a brief or memorandum in support thereof. A party shall have twenty-one (21) days to respond to a motion to dismiss or for summary judgment. The party may, within ten (10) days after the service of such response in opposition upon him, file an original with the clerk and serve upon all other parties a copy of a written reply memorandum. No sur replies will be allowed. All motions, responses to motions and replies shall be in the form of pleadings and shall meet all formal statutory requirements pertaining to pleadings.(3).Hearings and Submission for Decision. If oral argument or a fact hearing is allowed by the Court, after request by counsel, the Court will set the matter specially for hearing. At any time after the expiration of the initial response time to a motion when no request for a hearing or oral argument has been granted, counsel shall notify the Court that the motion is ready for ruling. Unless approved by the Court in advance, hearings on Motions for Summary Judgment will generally be heard at the pre-trial conference. (4).Exceptions. The exceptions to sections (1), (2) and (3) above are: (a). Initial applications to the court for additional time to plead which do not request extensions in excess of thirty (30) days will be ruled on instantly without supporting memoranda and without awaiting responses from adverse parties. (b). Motions which show on their face factual authorities sufficient to support the relief requested do not require additional memoranda. (Motions and supporting memoranda may be combined and where combined should be so labeled.)(c). Motions accompanied by an agreed order may be ruled on without further supporting or responsive memoranda.(d). Preliminary domestic motions may be supported and opposed by affidavits in lieu of or in addition to other memoranda. (e). Contested motions for temporary or permanent change of custody.(5).Copy to Court. A chamber copy of every civil motion and response and reply, if one, filed with the clerk must be simultaneously mailed or delivered to the Judge presiding over such motion. (6).Time Computation. The provisions of K.S.A. 60-206 shall govern the computation of the time periods set forth in this rule. (7).Compliance. Any motion may be dismissed by the Court for failure to comply with the requirements of this rule.(8).Motion for Special Process Server. All motions for special process server shall be accompanied by an order. Both the motion and order shall be on one page in the form approved by the court.(9).Motion for an Extension of Time to Perform an Act. All motions for an extension of time to perform an act required or allowed to be done within a specified time shall show (1) when there was a prior consultation with opposing counsel, which is required, and the views of opposing counsel; (2) the date when the act was first due; (3) if prior extensions have been granted, the number of extensions granted and the date of expiration of the last extension; (4) the cause for the requested extension. Extensions will not be granted unless the motion is made before the expiration of the specified time, except upon a showing of excusable neglect; and (5) if for extension of discovery, compliance with K.S.A. 60-216(b). Stipulations for extensions of time are subject to the approval of the court. (10).Motions for Continuance. Motions to continue a pretrial conference, a hearing on a motion, or the trial of an action must be filed with the clerk reasonably in advance of the hearing date and shall reflect the views of opposing counsel. Continuances may not be automatically granted upon stipulation of counsel.(11).Copies of Motions, Briefs in Support and Briefs in Opposition. Except as the court may specially authorize, the length of briefs including attachments and exhibits shall not exceed the following: | Motions for summary judgment, to dismiss, and for judgment on the pleadings |
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| Brief in support--50 pages |
| Brief in opposition--50 pages |
| Reply brief--20 pages |
| All other motions |
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| Brief in support--20 pages |
| Brief in opposition--20 pages |
| Reply brief--10 pages |
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.