2019 KADCCA Regional Mid-year Training
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Post Training Resources:
The 2018 Clerks Reference Manual is available on the Kansas Judicial Branch Intranet website. Please contact your Clerk of District Court or Court Administrator for the link and password if you do not know it.
1. Clarification- Clerk duties upon receipt of Wills upon death of testator: File as PR case with no filing fee. If and when a PR estate case is opened the last will and testament will be transferred to the new PR estate case. Page PR-12 in Clerk's Reference Manual.
59-621. Duty of custodian; liability. After the death of a testator the person having custody of the testator's will shall deliver it to the court which has jurisdiction thereof. Every person who willfully neglects or refuses to deliver a will after being duly ordered to do so shall be guilty of contempt of court. Such person shall be further liable to any party aggrieved for the damages which may be sustained by such neglect or refusal.
2. Clarification of answer given in the Judicial Jeopardy session- Who can see an affidavit in a served search warrant?
Answer given at MidYear training: The Defendant and the Defendant’s attorney.
Further clarification: If no case has been filed at the time of the request, the affidavit is not releasable until the case has been filed.
KSA 22-2502 (3)(d)(e):
d) For a warrant executed prior to July 1, 2014, affidavits or sworn testimony in support of the probable cause requirement of this section or search warrants for tracking devices shall not be made available for examination without a written order of the court, except that such affidavits or testimony when requested shall be made available to the defendant or the defendant's counsel for such disposition as either may desire.
(e) (1) For a warrant executed on or after July 1, 2014, affidavits or sworn testimony in support of the probable cause requirement of this section or search warrants for tracking devices shall not be open to the public until the warrant has been executed. After the warrant has been executed, such affidavits or sworn testimony shall be made available to
(A) The defendant or the defendant's counsel, when requested, for such disposition as either may desire; and
(B) any person, when requested, in accordance with the requirements of this subsection.