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Chief justice signs new administrative order continuing suspension of deadlines, time limitations

16 Sep 2020 9:20 AM | Amanda Kohlman (Administrator)

Chief justice signs new administrative order continuing suspension of deadlines, time limitations

 

TOPEKA—Chief Justice Marla Luckert issued a new administrative order today continuing to suspend statutes of limitation, statutory time standards, deadlines, and time limitations started under earlier orders in response to the COVID-19 pandemic.

Luckert's action follows the State Finance Council's decision last week to extend the COVID-19 state of disaster emergency.

Statutory speedy trial provisions in district courts

Administrative Order 2020-PR-101 continues the suspension of statutory deadlines and time limitations to bring a defendant to trial in district court.

Judicial proceedings

The order also continues the suspension of statutes of limitations, statutory time standards, or deadlines that apply to conducting or processing judicial proceedings.

Under the order, no action may be dismissed for lack of prosecution or failure to meet a deadline, except when a judge, appellate judicial officer, or hearing officer exempts a case from the suspension.

Municipal courts

The order also continues the suspension of certain deadlines and time standards, including applicable statutory speedy trial provisions, for any municipal court closed or continuing trials because of COVID-19. The suspensions remain in effect until the court reopens and can reasonably place the case on its calendar, or until further order.

Duration of today's order

Today's order will remain in effect until further order or it expires under provisions in 2020 House Substitute for Senate Bill 102 as amended by 2020 Spec. Sess. House Bill 2016.

Case processing

Courts continue to process cases while statutes of limitation and statutory time standards or deadlines have been suspended. Judges hear many types of proceedings using videoconferencing technology, greatly reducing the need for in-person hearings. In-person hearings, including jury trials, are also taking place with physical distancing and other precautions.

"Despite great strides by judges and court employees to overcome obstacles presented by the pandemic, public health concerns continue to create barriers to access to justice for many Kansans," Luckert said. "These barriers create a substantial risk that Kansans could forfeit claims, causes of action, or legal rights if time requirements are reinstated."

Court operations during pandemic

For all court actions related to the pandemic, visit 
Kansas courts response to COVID-19.


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