Free PREHEARING QUESTIONNAIRE - Kansas

PREHEARING QUESTIONNAIRE INSTRUCTIONS: This questionnaire shall be completed by the taxpayer or the taxpayer's attorney of record who will appear at the hearing, and the county's legal counsel. All questions must either be answered or indicated as not applicable. All answers must be typed or printed legibly. If the space provided is not sufficient for your answers, you may type your own questionnaire and answers in accordance with this format. The completed questionnaire should be exchanged with the opposing party. [The completed questionnaire should not be submitted to the Court, unless the taxpayer is not represented by an attorney. If the taxpayer is not represented by an attorney, the taxpayer and county's legal counsel may submit their completed questionnaires to the Court, with a copy to the opposing party, instead of filing a joint proposed Prehearing Order.] The purpose of this questionnaire is to assist the parties in the preparation of a joint proposed Prehearing Order to be submitted to the Court. The joint proposed Prehearing Order shall set forth the issues, a brief statement of the facts and applicable law, deadlines for the completion of discovery and the filing of dispositive motions, matters consolidated (if any), witnesses to be called at hearing, exhibits to be submitted, motions pending or to be filed, identification of the party with the burden to initiate the production of evidence, any procedural matters of disagreement, stipulations, estimated time for hearing and any other information relevant to this matter. See the separate proposed Prehearing Order form. The Court's Presiding Officer will review the proposed Prehearing Order and pursuant to K.S.A. 77-517(c), issue the order as submitted or with alterations. The Prehearing Order shall regulate the conduct of the proceedings.

BEFORE THE COURT OF TAX APPEALS STATE OF KANSAS

IN THE MATTER OF THE {type of appeal} APPEAL OF {APPLICANT} FOR TAX YEAR {20__} IN {NAME OF COUNTY}, KANSAS

Docket No.______________________

PREHEARING QUESTIONNAIRE 1. 2. Present date: The name of the party you represent:

3.

Your name, address and Supreme Court Number:

4.

Basis for the Court's jurisdiction, and any objections to jurisdiction or propriety of parties: Burden to Initiate Production of Evidence: a. Is the subject property leased commercial or industrial real property? b. If the subject property is leased commercial or industrial real property, have complete income and expense statements for the three years next preceding the year of appeal been furnished to the county appraiser? c. Does the county appraiser have the burden to initiate the production of evidence at the hearing?

5.

d. Explain any unresolved issues regarding the burden to initiate the production of evidence at the hearing.

6.

Requests for amendments to pleadings:

7.

Factual Contentions:

8.

Proposed Stipulations:

9.

Theory of your claim, if any:

10.

Theory of your defense, if any:

11.

Total amount of value and/or penalty/interest in controversy: a. b. c. d. County value: Taxpayer Value: Penalty: Interest:

12.

Disputed Questions of Fact:

13.

Disputed Questions of Law:

14.

Discovery: a. List discovery you have completed:

b.

Discovery to be completed:

c.

When will additional discovery be completed:

15.

Motions: a. List motions you have pending:

b.

List motions you intend to file:

16.

State any procedural problems:

17.

List all witnesses you intend to call at hearing. (NOTE: You must list all witnesses known to you at the present time):

18.

List all exhibits you intend to offer at the hearing:

19.

Hearing assignment: a. b. c. Should case receive priority settings, if so, why? Are you requesting a hearing? What is the estimated time needed for the hearing?

20.

Possibility of stipulated value:

21.

Other matters:

Respectfully submitted, _______________________________________ Name & Title

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing Prehearing Questionnaire was served upon opposing counsel by depositing a copy of the same in the United States mail, postage pre-paid, on the day of 20___, addressed to:

(Signed)