request of either party or his/her counsel of record, or otherwise in the limited case manager’s discretion,
the limited case manager’s written summaries shall be filed with the Clerk of the district court.
9. Formal Written Recommendations. If the parties are unable to resolve a material
dispute through negotiations or otherwise informally with the assistance of the limited case manager,
limited case manager
shall make formal written (or email) recommendations, submitting the same to
the court, the parties, counsel of record, and the GAL. The
limited case manager, in his/her
discretion, may also submit a proposed order for use by the court for approval of same. Written
recommendations regarding permanent issues, such as designation of custody, primary residence, or
child support, that are recommended by the
limited case manager, shall be entered into the court
record by the court, the parties, or the parties’
counsel of record within ten (10) working days of
submission of the recommendation(s) by the
limited case manager.
10. Motions for Review of Recommendations. Either party may, within fourteen (14)
calendar days of the date of submission of any written recommendation of the limited case manager,
file a written motion (objection) pursuant to K.S.A. Supp. 23-3509(d)(6) requesting review thereof
and indicating whether a hearing on the motion is requested or waived.
Such motions and
supporting documents must also be provided to the limited case manager, counsel of record (or
unrepresented parties if applicable) and the GAL. The court may direct that additional arguments
and authorities be submitted in such form and manner as the court deems appropriate. On receipt of a
timely-filed Motion for Review, the court shall first determine whether the
limited case manager’s
recommendation at issue “materially affects a parent’s right to care, custody and control of a child,”
after which the court shall proceed in accordance with applicable Kansas law. Costs of the procedure
and professional time may be assessed against a party who objects to a recommendation. In the
absence of a timely filed written Motion for Review (objection), any objection to the
’s recommendations shall be deemed waived, and the court may thereupon enter its
orders without further review, hearing or notice.
11. Discovery, Subpoena, Process. Discovery, subpoena, and/or process shall not be
directed to the limited case manager without advance leave of court for good cause shown. In the event
that any discovery, subpoena or process is commenced and/or permitted, the court may impose conditions
and limitations thereon, including assessment against either or both parties the costs associated therewith,
as well as fees and expenses of and legal counsel for the limited case manager.
12. Pending and/or Further Proceedings. Proceedings on any pending parenting matters
are stayed pending efforts by the parties to resolve the matter through the limited case management
process, or further order of the Court. Upon commencing further proceedings in the case regarding the