Current through Register Vol. 41, No. 14, April 7, 2022
Except as otherwise provided in
82-1-231, each pleading shall contain the
formal parts and meet the requirements specified in this regulation.
Caption. The caption of a pleading shall
include the heading, the descriptive title of the docket, and the docket number
assigned to the matter by the executive director of the commission.
(1) Heading. Each pleading shall contain the
heading "BEFORE THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS" which
shall be centered at the top of the first page of the pleading.
(2) Descriptive title. Immediately beneath
the heading, and to the left of the center of the page, shall be the
descriptive title of the docket. This title shall begin with the words "In the
matter of" and shall be followed by a concise statement of the matter presented
to the commission for its determination, including, if appropriate, a brief
description of the order, authorization, permission, or certificate sought by
the party initiating the docket. The name of the party initiating the docket
and the names of all other parties to whom the initial pleading is directed
shall be stated in the descriptive title, followed by a designation of each
party's status in the proceeding. These designations shall include applicant,
complainant, defendant, and respondent.
(3) Docket number. Upon the filing of the
initial pleading in a docket, a docket number shall be assigned by the
executive director of the commission, which shall be placed immediately to the
right of the docket title. All pleadings filed in the docket after the formal
initiation of the matter shall bear the same caption as that of the original
title. The title of the pleading shall be centered immediately beneath the
caption and shall describe the pleading contained in the numbered paragraphs
paragraphs. Following the title of the pleading, the pertinent allegations of
fact and law, in compliance with these regulations, shall be set forth in
pages. Beginning with the second page of the pleading, each page of the
pleading shall be numbered consecutively.
(e) The prayer. The numbered paragraphs of
the pleading shall be followed by the prayer, which shall be a concise and
complete statement of all relief sought by the pleader. The prayer shall be
brief, but shall be complete so that an order granting the prayer includes all
of the relief desired and requested by the pleader.
Subscription. Each pleading shall be
personally subscribed or executed by one of the following methods:
(1) By the party making the same or by one of
the parties, if there is more than one party;
(2) by an officer of the party, if the party
is a corporation or association; or
(3) for the party, by its attorney. The names
and the addresses of all parties shall appear either in the subscription or
elsewhere in the pleading. The name, address, telephone number, and
telefacsimile number of the attorney for the party who is the pleader shall
appear either in the subscription or immediately below it. Abbreviations of
names and addresses shall not be used.
(g) Verification. Each pleading shall be
verified by the party or by the party's attorney, if the attorney has actual
knowledge of the truth of the statements in the pleading or reasonable grounds
to believe that the statements are true. Each pleading shall be verified upon
affirmation that meets the requirements of
54-104, and amendments thereto. Any pleading
by a corporation or an association may be verified by an officer or director of
the corporation or association. Written verification may be waived by the
commission by order at its discretion.
Certificate of service. Whenever service
of a pleading is required by these regulations, the party responsible for
effecting service shall endorse a certificate of service upon the pleading to
show compliance with these regulations. The certificate shall show service by
any method authorized by K.A.R. 82-1-216
(i) Form. Each pleading shall be typewritten
on paper that is 81/2" wide and 11" long. The
left-hand margin shall not be less than one inch wide. The impression shall be
on only one side of the paper and shall be double-spaced, except that lengthy
quotations may be single-spaced and indented. Photocopies of the pleading may
(j) Rejection of
document. Each document that contains defamatory, scurrilous, or unethical
language shall be rejected and returned to the party filing the document.
Papers, correspondence, or pleadings or any copies of papers, correspondence,
or pleadings that are not clearly legible shall be rejected and returned to the
party filing the document.
Amendments. The amendment of any pleading may be allowed by the commission at
its discretion, either by replacement of the original pleading with an amended
version of it or by interlineations or deletion of material on the original