13.1	Diversion and deferred judgment applications must be submitted to the Municipal Court Clerk's Office, or to such other office as the clerk may direct. Acceptance on the Diversion Program is at the discretion of the City Law Department as prescribed by Kansas State Statute 12-4412 through 12-4418 and by city ordinance. Acceptance upon the Deferred Judgment Program is at the discretion of the City Law Department as prescribed by City Code Section 1.06.010 et seq. Procedural information and application forms are available in the Municipal Court Clerk's Office and in the City Prosecutor’s Office.
13.2	Strict adherence to the time limits established by the policies of the City Prosecutor’s Office for filing such diversion or deferred judgment applications will be required by the Court. The Court is not required to permit continuances of hearings or trials to allow the accused to prepare or submit a diversion or deferred judgment application out-of-time.
13.3	The Court, in its sound discretion, may refuse to allow the parties at trial to apply for, or enter into, a diversion or deferred judgment program. On the day of a scheduled trial in such matter the Court will be reluctant to grant a continuance for the purposes of applying for diversion unless the defendant waives his right to a trial in municipal court in the matter whether or not the application for diversion or deferred judgment is granted or denied.
13.4	It is the duty of any defendant who applies for, or who is granted, diversion or deferred judgment, to keep the Municipal Court Clerk and the Diversion or Deferred Judgment Coordinator advised of his or her current address, employment and telephone numbers. By submitting an application for diversion or deferred judgment the defendant agrees to accept service by mail at such defendant’s last known address of any hearings or other court proceedings in such case, including any motion by the prosecution to terminate the diversion or deferred judgment previously granted.
13.5	The failure of a defendant to appear for hearing on a motion for termination of a diversion or deferred judgment program upon notification by mail to his or her last known address shall be deemed sufficient grounds: (1) for the granting of such termination motion by the Court in the defendant’s absence; (2) for the entry of conviction pursuant to the accused’s prior plea of guilty or no contest; (3) for the entry of conviction pursuant to any diversion or deferred judgment agreement for a stipulation of fact; and (4) for the issuance of a bench warrant for the defendant’s arrest. However, no defendant shall thereupon be sentenced in absentia until the defendant has been returned to the Court, except in cases involving diversion or deferred judgment for only traffic infractions.

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Printer Friendly Version Related to Rules of the Municipal Court Main Rule 01: Prefatory Rule Rule 02: Definitions Rule 03: Court Hours Rule 04: Presiding or Administrative Judge Rule 05: Judges Pro Tempore Rule 06: Appearance Bonds Rule 07: Procedures Involving Notices to Appear Rule 08: Counsel Rule 09: Daily Docket - Sessions Rule 10: General Rules of Court Decorum and Safety Rule 11: Court Appearances - Failure to Appear Rule 12: General Practice and Procedure Rule 13: Diversions and Deferred Judgment Practice Rule 14: Discovery Rule 15: Motion Practice Rule 17: Docket Call, Arraignment, and Trial Practice Rule 18: Continuances Rule 19: Dismissals Rule 20: Costs, Fees and Conditions of Release After Sentence Rule 21: Post-Trial Matters Rule 22: Appeals Rule 23: Expungement Rule 24: Administrative Traffic Court Rule 25: Impound Hearings and Civil Rights Administrative Hearings Rule 26: Publication of Rules