How do I file a motion in small claims court?
In Kansas, filing a motion in Small Claims Court is a relatively straightforward process. First, you must decide whether to file a motion in a county or district court. County court motions must be filed in the county where either the plaintiff or defendant lives. District court motions must be filed in the county where the claim occurred, or in the county where both the plaintiff and defendant live. Next, you must complete, sign, and file two copies of the appropriate motion form, which can be obtained from the local court. The motion form should contain background information and the request that you are making. Once the forms are filed, the court will set a hearing date as long as all parties are properly served. After the forms and fee have been submitted to the court, you will also need to provide the court with notice of your motion. This notice should include a copy of the motion form and provide the date, time, and place of the hearing. The notice must also be served to all parties involved. Notification can usually be accomplished in person, by mail, or via a professional process server. Finally, before the hearing date, you may need to prepare legal research to support your position and gather any necessary evidence to present in court. The court will then review the motion and render a decision.
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