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District of Kansas Local Rules, Administrative Procedures, and Federal Rules Amendments Effective December 1, 2022

Friday, December 2, 2022

The United States District Court for the District of Kansas amended its Local Rules of Practice and Procedure effective December 1, 2022.  As a result of changes to the local rules, the court also updated its Administrative Procedures for Filing, Signing, and Verifying Pleadings and Papers by Electronic Means in the United States District Court of Kansas.

In May 2022, the Court’s Civil Rule 1 Committee, led by Magistrate Judges James P. O’Hara and Angel D. Mitchell, recommended adoption of substantial changes to the local civil rules.  The Court received several comments during the public comment period in August. Those comments were taken into consideration prior to approval of the final amendments in November.

While the December 1, 2022, rule changes only impact the local civil rules, Chief Judge Melgren commissioned a comprehensive review of the court’s local criminal rules. Magistrate Judge Rachel E. Schwartz was appointed chair of the Criminal Rule 2 Committee along with criminal practitioners from Kansas City, Topeka, and Wichita. The committee will meet later this month to begin the review process.

In addition to the local rule changes, several federal rules were amended effective December 1, 2022, including Rule 3 of the new Supplemental Rules for Social Security Actions under 42 USC 405(g). Now all Social Security complaints filed in the District of Kansas must be opened using the new CM/ECF event “Complaint – Social Security.” This event automatically notifies the United States Attorney and the SSA Office of Regional Counsel that a new action has been filed. Also pursuant to Rule 3, summonses will no longer be issued in Social Security cases, as service is no longer required under Fed. R. Civ. P. 4. Counsel are encouraged to review the new Supplemental Rules in their entirety, as they also contain modifications to answer requirements and deadlines: Federal Rules of Civil Procedures Rule Amendments

The current Federal Rules of Practice and Procedure and Proposed Federal Forms and Rules Amendments are available the U.S. Courts website. The court continues to review the new federal civil and criminal rules amendments and will modify local rules and related procedures to comport with those changes.