Civil
Rule No. 4.200
CIVIL CASE MANAGEMENT
The following rules, 4.200 through 4.299,
apply to all Chapter 60 civil actions except by order of the Court upon motion.
These rules do not apply to domestic actions. The Court upon motion may order
that these rules may be supplemented by adding discovery in complex civil
cases, cases involving a large number of legal issues or parties, cases in
which geographic considerations may delay the discovery process or any other
case which the Court finds in its discretion would not be susceptible to proper
management under these rules. Throughout these rules, the term “counsel” shall
also apply to pro se litigants.
Rule 4.201
CASE MANAGEMENT ORDER
In order to eliminate the need for case
management conferences in each case, the following provisions shall apply:
(1). Case Management Order. Counsel for all parties shall confer within
thirty (30) days of the date of service of the answer or the last answer if the
case has multiple defendants to prepare an agreed case management order. The case management order should contain
discovery deadlines, depositions deadlines, witness and exhibit list, exchange
dates, pretrial conference date and trial date.
The order shall schedule all discovery for
completion within four months and designate a specific completion date. If more
time is requested the reason therefor shall be stated
in the proposed order. The order shall
then be filed within (10) days of the conference and approved by the Court in
the format prescribed by the Court. A suggested form for the case management
order is attached to this rule. Its use
is recommended to the bar.
(2). Scheduling Dates. Counsel shall schedule a conference call with
the administrative assistant of the District Court Judge before which the case
is pending to obtain dates for a pretrial conference and potential trial which
are to be included in the order. Whether
the jury trial is scheduled in the case management order is discretionary with
the Court.
(3). Failure to File. Counsel shall exercise reasonable efforts in
attempting to agree upon an order. In
the event counsel are unable to agree upon an order
despite reasonable efforts, the Court will set the case for a case management
conference to resolve the dispute and will enter a scheduling order. Failure to
confer or complete a case management order may result in sanctions being
imposed by the Court under the provisions of these rules.
SAMPLE
AGREED CASE MANAGEMENT ORDER
THIS
CAUSE came before the Court on the ____ day of ________, 2008, for submission
of the following case management order.
1. LEAD TRIAL COUNSEL.
a. Attorney for Plaintiff
________________________
b. Attorney for Defendant _______________________
2. PROCEDURES.
The parties are directed to comply in all respects with the Kansas Code
of Civil Procedure as well as the Administrative Rules of the Fourth Judicial
District located on the Court’s website at: www.franklincoks.org/4thdistrict/index.html
3. DISCOVERY ISSUES.
a. Discovery issued
by plaintiff to date:
______________________________
b. Discovery issued
by defendant to date: _____________________________
c. Discovery
Deadlines:
1.
Additional written discovery:
Plaintiff ______________________ Defendant: ____________________
2.
Identification of expert witnesses and reports:
Plaintiff: _____________________
Defendant: ____________________
3.
Depositions:
Plaintiff
_______________________
Defendant _____________________
4.
Witness and Exhibit lists:___________
4. MOTIONS.
Motions, joinder of parties, or amendments to
pleadings shall be filed by __________.
5. MOTIONS FOR SUMMARY JUDGMENT. Motions for summary judgment shall be filed
by __________.
6. PRE-TRIAL CONFERENCE. A pre-trial conference
is scheduled on _________ at _________a.m./p.m.
7. TRIAL.
The parties have stipulated and it is agreed that the trial is
tentatively scheduled for _________________ at ________________ a.m./p.m.
This
case is currently designated to be tried ___by jury ____no jury. The parties estimate
the trial will be completed in ___days.
IT
IS SO ORDERED.
___________________________________
Eric
W. Godderz
District
Judge
Counsel for plaintiff
Counsel for defendant
Rule
4.202
DISCOVERY
(1). Discovery Conferences.
Discovery conferences should not be needed if the parties cooperate in the
preparation of a case management order and follow the deadlines therein. If
necessary to expedite
disposition of litigation, minimize expense and conserve time, the Court may
conduct one or more discovery conferences with counsel. The Court shall set
separate deadlines for the listing of any witnesses (including expert
witnesses), taking of depositions and completion of other discovery and may
enter such other orders as are appropriate including the setting of pre-trial
and trial dates.
(2). Stipulations. Stipulations for the
extension of discovery deadlines set by the Court will not be effective until,
and unless, approved by the Court.
(3). Requirement of a Writing.
All objections to interrogatories, depositions, requests or applications under
K.S.A. 60-226 through 60-237, as well as all motions thereto concerning
discovery matters, shall be in writing. If time does not permit the filing of a
written motion, the Court may, in its discretion, waive this requirement;
(e.g., disputes arising during the taking of depositions), in which event
attorneys are encouraged to call the discovery judge for a ruling thereon.
(4). Motions for Orders Compelling
Discovery. Unless otherwise ordered, the Court will not entertain any
such motion unless counsel for the moving party has conferred or has made
reasonable effort to confer with opposing counsel concerning the matter in
dispute prior to the filing of the motion. Counsel for the moving party shall
file a certificate of compliance with this rule with any motion filed under
K.S.A. 60-237.
(5). Motions for Protective Orders.
The filing of a motion for a protective order pursuant to K.S.A. 60-226 or
K.S.A.60-230 shall stay the discovery at which the motion is directed pending
order of the court. The filing of a motion to quash or modify a deposition
subpoena shall stay the deposition at which the motion is directed. No properly
noticed deposition shall be automatically stayed under this rule unless the
motion directed at it shall have been filed and served upon counsel or parties
by delivering a copy within 11 days after service of the deposition notice, and
at least 48 hours prior to the noticed time of the deposition. Pending
resolution of any motion, which stays a deposition under this rule, neither the
objecting party, witness, nor any attorney shall be required to appear at the
deposition to which the motion is directed until the motion has been ruled upon
or otherwise resolved.
(6). Filing with Court.
Unless otherwise ordered, no written discovery questions or answers should be
filed with the Court. The only
requirements for filing are notification of service of discovery and notice of
answer filing. This rule does not
include those filings as exhibits necessary for pre-trial motions.
Rule 4.203
DEPOSITIONS
(1). Cooperation. Counsel are expected
to cooperate with, and be courteous to each other and deponents. Counsel are further expected to cooperate in selecting the
least expensive and least disruptive manner of conducting the deposition.
Counsel should consider such cost saving methods as telephone depositions, and
sharing of expenses in bringing an out-of-state witness to
(2). Stipulations. Unless contrary to or inconsistent with an order
of the Court or any case management order, the parties (and, when appropriate,
a non-party witness) may stipulate in any suitable writing to alter, amend, or
modify any practice relating to noticing, conducting, or filing a deposition.
(3). Scheduling. Absent extraordinary circumstances, counsel
shall consult in advance with opposing counsel and proposed deponents in an
effort to schedule depositions at mutually convenient times and places.
Depositions shall be scheduled to conform to normal business hours of 9:00 a.m.
to 5:00 p.m. Monday through Friday unless otherwise mutually agreed by all
counsel and the witness. The most convenient location for a party's deposition
shall be presumed to be in the office of that party's counsel. Except for the
principal plaintiff, defendant or key experts, the fact that some counsel may
be unavailable shall not, in view of the number of attorneys involved in the
litigation, be grounds for postponing a deposition if another attorney from the
same firm is able to attend. Unless by agreement of counsel or leave of court
is first obtained, at least 10 days notice shall be considered a reasonable
time of any deposition to be given.
(4). Attendance.
(a). Local
Counsel. Local counsel shall be required to appear at the taking of
depositions, unless excused by prior order of the Court, where it appears that
counsel's presence will not be necessary.
(b). Who
may be present. Unless otherwise mutually agreed by the parties or
ordered under K.S.A. 60-226(c), depositions may be attended by counsel of
record, members and employees of their firms, attorneys specially engaged by a
party for purpose of the deposition, the parties or the representative of a
party, and counsel for the deponent. While a deponent is being examined about
any stamped confidential document or the confidential information contained
therein, persons to whom disclosure is not authorized under the Protective
Order shall be excluded.
(5). Conduct.
(a). Objections.
The only objections that should be raised at the deposition are those made
required to be under K.S.A. 60-232(d)(3) in order to
preserve the objection or to preserve a privilege, judicial limitation, or
opportunity to seek court protection. Objections on other grounds are
unnecessary and should generally be avoided. Relevance and materiality are not
appropriate grounds. All objections should be concise, stating the basis of the
objection and nothing more than is necessary to preserve the objection and must
not suggest answers to (or otherwise coach) the deponent. Argumentative
interruptions will not be permitted.
(b). Directions not to answer.
Directions to the deponent not to answer are improper except on the ground of
privilege to enforce a judicial limitation or to enable a party or deponent to
present a motion to the Court for termination of the deposition on the ground
that it is being conducted in bad faith or in such a manner as unreasonably to
annoy, embarrass, or oppress the party or the deponent. When a privilege is
claimed, the witness should nevertheless answer questions relevant to the
existence, extent, or waiver of the privilege, such as the date of a
communication, who made the statement, to whom the contents of the statement
have been disclosed, and the general subject matter of the statement.
(c). Private consultation.
Private conferences between deponents and their attorneys during the actual
taking of the deposition are improper except for the purpose of determining
whether a privilege should be asserted. Unless prohibited by the Court for good
cause shown, such conferences may, however, be held during normal recesses and
adjournments.
(6). Documents.
(a). Production
of documents. Witnesses subpoenaed to produce numerous documents
must be served at least 30 days before the scheduled deposition unless the
witness agrees to a shorter time period. Depending upon the quantity of
documents to be produced, some time may be needed for inspection of the
documents before the interrogation commences.
(b). Protective Order.
A copy of any Protective Order shall be provided to the deponent before the
deposition commences if the deponent is to produce or may be asked about
documents which may contain confidential information.
(7). Depositions of Witnesses Who
Have No Knowledge of the Facts. An officer, director or managing
agent of a corporation, partnership, association other organization or a
government entity serviced with a notice of a deposition or subpoena regarding
a matter about which such person has no knowledge may submit to the noticing
party a reasonable time before the date noticed an affidavit so stating and
identifying a person within the corporation or government entity believed to
have such knowledge. Notwithstanding such affidavit, the noticing party may
proceed with the deposition, subject to the right of the witness to seek a
protective order. A public or private corporation, partnership, association,
other organization or governmental entity, noticed as the deponent under K.S.A.
60-230(b)(6) shall designate the person to be deposed as the representative of
the entity who has the most knowledge regarding the subject matter on which the
examination is requested.
(8). Expert Witnesses.
Leave is granted to depose expert witnesses in addition to or in lieu of
discovery through interrogatories. Objection to such depositions may be made by
motion. Experts shall, upon written request without the necessity of a
subpoena, bring to the deposition, the expert's written report, complete file,
documents or other materials reviewed and billing records regarding the
compensation to be paid for the study and testimony.
(9). Videotaped depositions.
By indicating in its notice of a deposition that it will record the deposition
by videotape, a party shall be entitled to videotape the deposition pursuant to
the following terms and conditions.
(a). Stenographic
recording. The videotaped deposition shall be simultaneously
recorded stenographically by a qualified court
reporter. The court reporter shall on camera administer the oath or affirmation
to the deponents. The written transcript by the court reporter shall constitute
the official record of the deposition for purposes of K.S.A. 60-230(e)
(submission to witness) and K.S.A. 60-230(f) (filing; exhibits).
(b). Cost. The requesting
party shall bear the expense of the videotaping. Any party may at its own
expense obtain a copy of the videotape and the stenographic transcript.
Requests for taxation of these costs and expenses may be made at the conclusion
of the litigation in accordance with applicable law.
(c). Video Operator.
The operator(s) of the videotape recording equipment shall be subject to the
provisions of K.S.A. 60-228(c) unless otherwise agreed by the parties. At the
commencement of the deposition, the court reporter shall swear or affirm to
record the proceedings fairly and accurately.
(d). Attendance.
Each witness, attorney, and other person attending the deposition shall be
identified on camera at the commencement of the deposition. Thereafter, only
the deponent (and demonstrative materials used during the deposition) will be
videotaped.
(e). Standards. The
deposition will be conducted in a manner to replicate, to the extent feasible,
the presentation of evidence at a trial. Unless physically incapacitated, the
deponent shall be seated at a table or in a witness box except when reviewing
or presenting demonstrative materials for which a change in position is needed.
To the extent practicable, the deposition will be conducted in a neutral
setting, against a solid background, with only such lighting as is required for
accurate video recording. Lighting, camera angle, lens setting, and field of
view will be changed only as necessary to record accurately the natural body
movements of the deponent or to portray exhibits and materials used during the
deposition. Sound levels will be altered only as necessary to record
satisfactorily the voices of counsel and the deponent. Eating and smoking by
deponents or counsel during the deposition will not be permitted.
(f). Interruptions.
The videotape shall run continuously throughout the active conduct of the
deposition. Videotape recording will be suspended during all "off the
record" discussions.
(g). Filing. The
party requesting the videotape deposition shall preserve custody of the
original videotape in its original condition until further order of the court.
No part of a videotape deposition shall be released or made available to any
member of the public unless authorized by the Court.
(h). Objections. Requests
for pretrial rulings on the admissibility of evidence obtained during a
videotaped deposition shall be accompanied by appropriate pages of the written
transcript. If the objection involves matter peculiar to the videotaping, a copy
of the videotape and equipment for viewing the tape shall also be provided to
the Court.
(i). Use
at trial. A party desiring to offer a videotape deposition at
trial shall be responsible for having available appropriate playback equipment
and a trained operator. After the designation by the parties of the portions of
a videotape to be used at trial, an edited copy of the tape, purged of
unnecessary portions (and any portions to which objections have been
sustained), shall be prepared by the offering party to facilitate continuous
playback; but a copy of the edited tape shall be made available to other
parties at least 10 days before it is used, and the unedited original of the
tape shall also be available at the trial.
Failure of a party to review and present their objections to the Court
prior to trial on such edited tapes shall not be grounds to object to their
admission at trial. Any conflicts
regarding the admissibility of the tapes shall be resolved prior to trial.
(10). Waiver of transcription and
filing. The parties and deponents are authorized and encouraged
to waive transcription and filing of depositions that prove to be of little or
no usefulness in the litigation or to agree to defer transcription and filing
until the need for using the deposition arises.
(11). Rulings. Immediate presentation.
Disputes arising during depositions that cannot be resolved by agreement and
that, if not immediately resolved, will significantly disrupt the discovery
schedule or require a rescheduling of the deposition, may be presented by
telephone to the Court. The presentation of the issue and the Court's ruling
will be recorded as part of the deposition by the court reporter taking the
deposition.
Rule 4.204
PRETRIAL
CONFERENCE
(1). Pre-Trial Conference.
A date for a pre-trial conference shall be in the case management order in cases
designated for jury trial. A date for a pre-trial conference may be set at
request of counsel or upon the Court's own motion in cases designated for bench
trials.
(2). Pre-Trial Questionnaire.
At least one (1) week before the pre-trial conference, counsel for each party
shall complete a pre-trial questionnaire and mail a copy thereof to the Court
and to all other counsel. The originals of the pre-trial questionnaire shall be
filed with the Clerk of the District Court only if the parties fail to file an
agreed Pre-Trial Order before the holding of a formal conference. A suggested
form for the pre-trial questionnaire is attached to this rule. Its use is recommended
to the bar.
(3). Preparation of Pre-Trial
Conference Order. All pre-trial orders shall be prepared by the
attorney designated by the judge presiding at the pre-trial conference and
shall be filed within the time specified by the Court. A suggested form for the
pre-trial order is attached to this rule.
(4). Presence of Trial Counsel and
Parties Required. The attorney who will actually conduct the trial
shall appear at and conduct the pre-trial conference. If good cause is shown
why the actual trial attorney cannot appear, the Court may proceed if the
appearing attorneys are familiar with the matter so that a meaningful pre-trial
may be conducted. Local counsel shall also be present. Unless the pre-trial
order is agreed upon in advance, parties shall also be present.
(5). Procedure. In
conducting the pre-trial conference, the Court will follow Kansas Supreme Court
Rule No. 140.
(6). Agreed-To Pre-Trial Order
Docket. Any case in which the attorneys agree upon a pre-trial order,
the case shall be set on the Court's docket for submission of the agreed order,
at which time the attorneys for each side shall appear to obtain the Court's
review and approval of said order and a trial setting. Parties will not be
required to attend.
(7). Failure to Present Agreed-To
Pre-Trial Order. In the event counsel fails to present an agreed-to
pre-trial order at the designated time, counsel shall be prepared to conduct a
formal pre-trial conference forthwith, or as soon thereafter as the Court shall
determine, with parties in attendance.
(8). Medical Malpractice Settlement
Conference. In medical malpractice cases, as part of the pre-trial
conference or as part of the agreed-to pre-trial order, the court shall
designate the person before whom a settlement conference will be conducted and
shall provide for the scheduling of said conference not less than forty-five
(45) days before trial.
SAMPLE
PRETRIAL QUESTIONNAIRE
Instruction: This questionnaire must be
completed by each party and copies mailed to the Presiding Judge and all other
counsel at least one week prior to pretrial conference. All questions must be
answered or indicated as not applicable. All answers must be typed. If the
space provided is not sufficient for your answers, you may type your own
questionnaire and answers in accordance with this format.
1. The name of the party you represent:
2. Contentions and theories of recovery:
a.
Theory of your claim or defense and supporting factual contentions (including,
if applicable, grounds of negligence or comparative negligence against parties
and non-parties, and affirmative defenses):
b. List and itemize total of damages claimed:
3. Request for amendments to your
pleadings:
4. Request for admissions and
stipulations:
a. The Court has jurisdiction over the parties and the subject matter.
b.
Venue is proper in
5. List names and addresses of all
witnesses you intend to call at trial: (Identify as an expert any witness you
intend to call as an expert.)
6. List all exhibits you intend to offer
at trial and identify any which have not already been shown to opposing
counsel:
*General classifications of witnesses and exhibits are not acceptable.
7.
Motions:
a. List motions you have pending:
b. List motions you intend to file prior to trial and date by which you propose to file each motion:
8.
Trial Assignment:
a. Is this trial to the Court or to a jury or to a master to be appointed by the Court?
b. Will a jury of 6 members be accepted?
c. What is the estimated time for trial?
d. Should case receive priority setting and if so, why? (If due to out-of-town witnesses, please specify.) (Counsel are required to bring scheduling calendars to the pretrial conference.)
9.
Guardian ad litem:
Does
any party require a guardian ad litem?
10. Expert or Cumulative Witness
Limitations:
List request for limitation of witnesses:
11. Questions of fact:
12. Questions of law:
13. Unusual questions of evidence:
14. Anticipated problems relative to jury
instructions:
15. Settlement:
a. What are the prospects of settlement?
b. Would a settlement conference be of assistance?
16. Do you plan to file trial briefs? If
so, set forth proposed time schedule for filing.
17. State any procedural problems or
recommendations:
18. Discovery: (It is presumed that all discovery is completed at the time of pretrial.)
a. If further discovery is requested, specify what further discovery is necessary, and state why:
b. State when it would be completed and request leave under Supreme Court Rule 136 to continue specified limited discovery:
__________________________________
Attorney
for: _______________________
CERTIFICATE OF SERVICE
On this ______ day of _________________,
______, a true and correct copy of this document was mailed, postage prepaid,
to:
SAMPLE
PRETRIAL CONFERENCE ORDER
This
Pretrial Conference order is entered by Judge _____________________ on the ____
day of ____________________,______. Counsel
present were___________________________
appearing for the plaintiff; and___________________________ appearing for the
defendant.
WHEREUPON, the Court conducted a pretrial hearing under
Supreme Court Rule No. 140: (If an agreed upon order so states.)
1. PLAINTIFF'S CONTENTION AND THEORIES OF
RECOVERY
The plaintiff's contentions and theories of defense are as follows:
2. DEFENDANT'S CONTENTIONS AND THEORIES
OF DEFENSE
The defendant's contentions and theories of defense
are as follows:
3. AMENDMENTS TO THE PLEADINGS
The Court allowed the following amendments to the pleadings:
4. ADMISSIONS AND STIPULATIONS
The parties agree to be bound by the following:
a. The Court has jurisdiction over the parties and of the subject matter.
b.
Venue is proper in
5. WITNESSES (If you intend to call any
witness as an expert, so identify them.)
a. Plaintiff:
(1)
(2)
b. Defendant:
(1)
(2)
c. Identified by both parties:
(1)
(2)
6. EXHIBITS
a. Plaintiff:
(1)
(2)
b. Defendant:
(1)
(2)
c. Identified by both parties:
(1)
(2)
7. MOTIONS
The Court made the following rulings on motions and the filing of motions:
(1)
(2)
8. EXPERT OR CUMULATIVE WITNESS
LIMITATIONS
The Court made the following limitations on expert and cumulative witnesses:
(1)
(2)
9. ISSUES OF FACT
The issues of fact to be determined in this action are as follows:
a.
b.
10. ISSUES OF LAW
a. The following issues of law are identified:
(1)
(2)
b. Rulings on issues of law:
(1)
(2)
11. QUESTIONS OF EVIDENCE OR PROCEDURE
a. The following questions of evidence or procedure are identified:
(1)
(2)
b. Rulings on evidence or procedural questions:
(1)
(2)
12. JURY INSTRUCTIONS
a. The following jury instruction problems are identified:
(1)
(2)
b. Ruling on jury instruction:
(1)
Proposed jury instructions will be submitted _____ days before trial.
(2)
13. TRIAL BRIEFS
Trial briefs, if any must be submitted ______ days before trial.
14. ORDERS
In addition to the foregoing, the Court made these additional orders:
a. All discovery is terminated except:
(1) Uncompleted discovery which is specifically allowed as follows:
(a)
(b)
b. This Pretrial Order supersedes all pleadings and shall control the trial of this matter.
c. Witnesses and exhibits listed by one party may be called by any other party. All exhibits will be marked and exchanged by the parties 7 days before trial.
d. The trial of this case shall be limited to the issues, witnesses and exhibits listed; and no deviation therefrom will be permitted except for rebuttal or impeachment purposes or by special order of the Court to prevent manifest injustice.
15.
TRIAL OF THE ACTION
Trial of this case shall be to a jury of twelve (12) persons and a majority verdict of 10 will be required. (Modify if six-member jury is acceptable.) Estimated time of trial is _____ days and will commence on _________________.
________________________________ Judge of the
District Court
Rule 4.205
MOTIONS IN CIVIL CASES
(1).
Form and Filing.
All motions, unless made during a hearing or at trial, shall be in
writing and shall be filed with the clerk. An original shall be filed and shall
be accompanied by a brief or memorandum suggesting the reasons and authorities
in support.
(2). Responses and Replies to Motions. A party opposing a motion other than one to
dismiss or for summary judgment shall, within ten (10) days after service of
the motion upon it, file an original with the clerk and serve upon all other
parties a written response to the motion containing a short, concise statement
of his opposition to the motion, and if appropriate, a brief or memorandum in
support thereof. A party shall have twenty-one (21) days to respond to a motion
to dismiss or for summary judgment. The party may, within ten (10) days after
the service of such response in opposition upon him, file an original with the
clerk and serve upon all other parties a copy of a written reply memorandum. No
sur replies will be allowed. All motions, responses
to motions and replies shall be in the form of pleadings and shall meet all
formal statutory requirements pertaining to pleadings.
(3). Hearings and Submission for Decision. If oral argument or a fact hearing is
allowed by the Court, after request by counsel, the Court will set the matter specially for hearing. At any time after the expiration of
the initial response time to a motion when no request for a hearing or oral
argument has been granted, counsel shall notify the Court that the motion is
ready for ruling. Unless approved by the Court in advance, hearings on Motions
for Summary Judgment will generally be heard at the pre-trial conference.
(4). Exceptions. The exceptions to sections (1), (2) and (3)
above are:
(a). Initial
applications to the court for additional time to plead which do not request
extensions in excess of thirty (30) days will be ruled on instantly without
supporting memoranda and without awaiting responses from adverse parties.
(b).
Motions which show on their face factual authorities sufficient
to support the relief requested do not require additional memoranda. (Motions
and supporting memoranda may be combined and where combined should be so
labeled.)
(c).
Motions accompanied by an agreed order may be ruled on without
further supporting or responsive memoranda.
(d).
Preliminary domestic motions may be supported and opposed by
affidavits in lieu of or in addition to other memoranda.
(e). Contested motions for temporary or permanent change of
custody.
(5). Copy to Court. A chamber copy of every civil motion and
response and reply, if one, filed with the clerk must be simultaneously mailed
or delivered to the Judge presiding over such motion.
(6). Time Computation. The provisions
of K.S.A. 60-206 shall govern the computation of the time periods set forth in
this rule.
(7). Compliance. Any motion may be dismissed
by the Court for failure to comply with the requirements of this rule.
(8). Motion for Special Process Server.All
motions for special process server shall be accompanied by an order. Both the
motion and order shall be on one page in the form approved by the court.
(9). Motion for an Extension of
Time to Perform an Act. All motions for an extension of time to perform
an act required or allowed to be done within a specified time shall show (1)
when there was a prior consultation with opposing counsel, which is required,
and the views of opposing counsel; (2) the date when the act was first due; (3)
if prior extensions have been granted, the number of extensions granted and the
date of expiration of the last extension; (4) the cause for the requested
extension. Extensions will not be granted unless the motion is made before the
expiration of the specified time, except upon a showing of excusable neglect;
and (5) if for extension of discovery, compliance with K.S.A. 60-216(b).
Stipulations for extensions of time are subject to the approval of the court.
(10). Motions for Continuance.
Motions to continue a pretrial conference, a hearing on a motion, or the trial
of an action must be filed with the clerk reasonably in advance of the hearing
date and shall reflect the views of opposing counsel. Continuances may not be
automatically granted upon stipulation of counsel.
(11). Copies of Motions, Briefs in
Support and Briefs in Opposition. Except as the court may
specially authorize, the length of briefs including attachments and exhibits
shall not exceed the following:
Motions for summary judgment, to dismiss,
and for judgment on the pleadings
Brief in support––50 pages
Brief in opposition––50 pages
Reply brief––20 pages
All other motions
Brief in support––20 pages
Brief in opposition––20 pages
Reply brief––10 pages
Any motion to exceed page limitations
must be submitted before submission of the brief and shall include a specific
total page request. Such motions may be ruled upon without waiting for a
response from any other party. If a motion is granted increasing the size of a
brief in support, the page limit for the brief in opposition is automatically
increased to the same page limit.
Any brief that exceeds the page
limitations may be stricken by the court.
Rule 4.206
EXPERT WITNESSES
(1). Identification of Experts. At a case management conference, if not
included in the case management order, the Court shall determine the time that
identification of experts will be made by the
parties.
(2). Number of Experts.
At anytime during the pendency of a matter, the Court may limit the number of
expert witnesses to be called by each party to avoid repetition and unnecessary
expense.
(3). Expert Report. The parties shall comply with the provisions
of K.S.A. 60-226(b)(6) with respect to the disclosure
of expert testimony. A written report signed by the witness shall be furnished
to all parties of record which shall contain a complete statement of all
opinions to be expressed and the bases and reasons therefor.
The disclosure shall include a current curriculum vitae setting out the
qualifications of the expert and identifying all published and unpublished
writings of the expert pertaining to the expert's opinions in the case. The
disclosure shall also identify all other data, writings or exhibits upon which
the expert relies upon to support his or her opinions in the case. Published
writings may be identified by citation. Copies of the expert's unpublished
writings shall be furnished with the report.
(4). Discovery. At any case management or status conference,
or thereafter, the Court shall explore with counsel the possibility of using
alternative means of discovery of the opinions of expert witnesses, however,
the parties shall retain the right to depose opposing experts.
(5). Treating
Physicians. Treating physicians
may be identified as experts without the necessity of a full disclosure as set
forth in this rule. However, if counsel anticipates using them for opinions
other than causation, the nature and extent of the injury, and the
reasonableness and necessity of medical treatment and expenses, then full
disclosure shall be made.
Rule 4.207
RESERVED
Rule 4.208
JOURNAL ENTRIES
1).
When a judgment has been rendered or order of the Court has been
entered, a journal entry reflecting the same shall be prepared by the
prevailing party or such party assigned by the Court.
(2). The journal entry shall properly
indicate in the heading, introductory paragraph, and concluding paragraph to
identify in particular the judgment or ruling that the pleading is
journalizing.
(3). The journal entry shall be filed with
the Court for approval within 20 days from the date of judgment or order of the
Court. Failure to file a journal entry
may result in sanctions being imposed by the Court under the provisions of
these rules.
Rule 4.209
RESERVED
Rule 4.210
ALTERNATIVE DISPUTE RESOLUTION
The Court may enter an order directing
counsel and the parties, at the earliest appropriate opportunity, to attempt to
resolve or settle their dispute using extra-judicial proceedings such as
mediation, conciliation, or other alternative dispute resolution programs. Any
such order may set forth the terms of the extra-judicial proceedings. Litigants
in all civil cases are required to consider the use of an alternative dispute
resolution process, including, but not limited to, mediation, settlement
conferences, early neutral evaluation, and arbitration, at an appropriate stage
in the litigation. Specific cases in which use of alternative dispute
resolution would not be appropriate may be exempt from this requirement.
Settlement conferences shall be conducted
in such a way as to permit an informative discussion between counsel and the
parties, and the judge, or mediator of every possible aspect of the case
bearing on its settlement, thus permitting the judge, or mediator to privately
express his or her views concerning the settlement of the case. Attendance by a
party representative with settlement authority at such conferences is
mandatory, unless the court orders otherwise.
Settlement conference statements or
memoranda submitted to the court or any other communications which take place
during the settlement conference shall not be used by any party in the trial of
the case. The judge, or mediator presiding over the
settlement conference shall not communicate to the judge trying the case, the
confidences of the conference except to advise as to whether or not the case
has been settled. If the conference is conducted by a mediator, the costs of
the conference, including the reasonable fees of the mediator, shall be
assessed to the parties in such proportions as shall be determined by the
judge. This provision will not apply in
those cases involving conciliation.
Rule 4.211
SANCTIONS
(1). Sanctions Under
These Rules, K.S.A. 60-211, and Other Rules and Statutes.
(a). On Court's Own Initiative. The Court,
upon its own initiative, may issue an order to show cause why sanctions should
not be imposed against a party and/or an attorney for violation of these rules,
K.S.A. 60-211, or other provisions of the
(b). On a party's Motion. The
issue of sanctions may be raised by a party's motion and responded to in the
same manner as specified above.
(c). Procedure. The Court may rule
forthwith on either or both of the issues of violation and of the nature and extent
of any sanction imposed as raised in its order to show cause or a party's
motion and responses thereto. Discovery and evidentiary hearings on the
question of sanctions will be permitted only when ordered by the Court. In
ruling on the imposition of sanctions, the Court shall articulate the factual
and legal basis for its decision.
(2). Imposition of
Sanctions. In addition to the sanctions provided for violations
of K.S.A. 60-211 and other
(a). An order that designated matters or facts
shall be taken as established for
purposes of the action:
(b). An order refusing to allow the
failing party to support or oppose designated claims or defenses, or
prohibiting it from offering specified witnesses or introducing designated
matters in evidence;
(c). An order striking pleadings or parts
thereof, or staying proceedings until the rule is complied with, or dismissing
the action or any part thereof, or rendering a judgment by default against the
failing party;
(d). An order
imposing costs, including attorney's fees, against the party, or its attorney,
who has failed to comply with a local rule.
(3). Sanction Within the Discretion of the Court. In considering the imposition of sanctions, the Court may consider whether a party's failure was substantially justified or whether other circumstances make the imposition of sanctions inappropriate.