Supreme Court adopts emergency rules of procedure for hearings under Senate Bill 40

TOPEKA—The Supreme Court issued Administrative Order 2021-RL-032 today to provide emergency rules of procedure for hearings challenging government actions related to the COVID-19 pandemic under 2021 Senate Bill 40.

SB 40 creates a new process for a person aggrieved by certain government emergency-related orders and decisions during a state of disaster emergency to file a civil action in district court to seek relief. The bill authorizes the Supreme Court to adopt emergency rules of procedure to aid the timely resolution of district court hearings related to those actions.

The new emergency rules are written with the understanding that some parties challenging government acts may not be represented by an attorney. The rules are crafted to help parties complete and deliver their petitions, and the order includes template forms to make the process easier. However, a person is not required to use the template forms to seek relief, and no action will be dismissed solely for not using the forms.