How do you file a document pursuant to Kansas Rule 170?
Filing Under Kansas Supreme Court Rule 170
To file a document under Kan. Sup. Ct. R. 170, the court must first direct a party to prepare an order or journal entry. The rule is for memorializing an existing court ruling, not obtaining relief that requires a motion or summary-judgment procedure.[1]
Required steps
- Prepare the proposed order consistent with the court’s ruling and directions.
- Within 14 days of the court’s direction—unless the court sets another deadline—serve on all counsel of record and appearing self-represented parties:
- the proposed order; and
- notice that objections must be served within 14 days after service, or the order will be submitted to the court.[2]
- File a certificate of service with the court, attaching the proposed order and notice.[3]
- Wait 14 days for objections.
- If none are served, submit the original proposed order to the court for approval.
- If an objection is served, make a good-faith effort to confer with the objecting party.
- If the parties agree, submit the agreed order.
- If they do not agree, submit the original draft and the objection to the court; the court will settle the order, with or without a hearing.[4]
- If the order changes ownership or title to real estate, place “TITLE TO REAL ESTATE INVOLVED” on the margin of the first page.[5]
The order should accurately memorialize what the judge already decided; Rule 170 cannot be used as an alternative to required motion practice or summary judgment.Lyndon State Bank v. Price, 32 Kan. App. 2d 410, 413–15, 83 P.3d 1199 (2004).[6]
Basic notice language
Pursuant to Kan. Sup. Ct. R. 170, enclosed is the proposed order. Unless an objection is served within 14 days after service, the proposed order will be submitted to the court for approval.
File the certificate of service and proposed order through the applicable Kansas district court’s filing system or clerk’s office, following any local administrative or e-filing requirements.