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PREFACE

The following rules are adopted by the Judges of the 6th Judicial District, pursuant to Rule 105 of the Rules of the Supreme Court of the State of Kansas.  They are intended to supplement and not contravene the Rules of the Supreme Court and Kansas Statutes.  The rules that follow numbered 1 through 44 are hereby adopted and effective immediately.  Rules adopted in the future will bear the effective date.  The rules will become effective upon the filing of the same with the Clerk of the Supreme Court.

These rules shall apply to all matters pending before any court in this district unless specifically superseded by statute.

  1. All administrative rules of the 6th Judicial District of Kansas which are in effect immediately prior to the effective date of these rules are hereby repealed.

 

Any of the rules of this District may be modified by the presiding judge in any action as that judge shall deem necessary to meet emergencies or to avoid injustice or great hardship. 

In these rules, wherever there is a reference to a section of the statute by number, it shall be deemed to be a reference to the Kansas Statutes Annotated or supplement or amendment thereto unless a different statute is indicated.  Likewise, wherever there is a reference to a rule of the Supreme Court by number, it shall be deemed to be a reference to the Kansas Supreme Court Rules relating to District Court, as amended, unless a different rule is indicated.

Current copies of these rules will be on file in each office of the Clerk of the District Court in this District.

RULE 1
RULES OF DECORUM

Notwithstanding any other provisions the individual Judges may make pursuant to their inherent powers to maintain the order and dignity of the court, the following rules of decorum for matters heard in any court of this district are hereby adopted:

1       Spectators will not be permitted to consume food or beverage in the courtroom.  Spectators will not be permitted to read books, magazines, knit or engage in any other activity which interferes with giving attention to the court proceedings.  Each individual judge may allow jurors to consume beverages while in the jury box.

 

1.2       No spectator, counsel or party shall carry a sign or display pins, buttons or other materials which is designed to communicate a position or message to others while a trial is proceeding.


1.3       These rules shall apply to any building occupied or used by the Court, and to the environs of any such building.  It shall be in effect at all times that judges or court personnel are present whether or not court proceedings are actively under way.

1.4       All persons seeking entry to a courtroom are subject to search by the Sheriff or other officers designated by the Sheriff or by the court.  Such search may include briefcases, parcels, purses or other containers carried by persons seeking entry to a courtroom.

1.5       With the exception of weapons carried by law enforcement personnel, no weapons other than exhibits shall be permitted in any courtroom.  No other person shall bring a weapon other than an exhibit into any courtroom unless specifically permitted by this rule.  The court may require that any firearm intended for introduction as an exhibit, be presented to the Sheriff for a safety check prior to its being brought into any courtroom.

1.6       Attorneys or pro se litigants shall rise when addressing the court, and shall make all statements to the court from the counsel table or the lectern facing the court.  They shall not approach the bench except upon the permission of the court.

1.7       While questioning witnesses, attorneys or pro se litigants shall stand at the counsel table or at the lectern.  They shall not approach the witness except with the court’s permission.  Only one attorney for each party may participate in the examination or cross-examination of a witness.  When interrogating a witness, counsel shall not use first names, but shall always use surnames unless granted permission by the Court.  The same attorney shall conduct the examination of and any objections pertaining to a witness.

1.8       When appearing in court, all attorneys shall be suitably attired, and to the extent possible shall advise their clients to be similarly attired in apparel other than shirts without collars, shorts, sandals, overalls, torn or tattered jeans.

1.9       No smoking shall be permitted within the courtroom at any time.

1.10     In keeping with the dignity and serious nature of court proceedings, proper attire is required in the courtrooms.  No participant in a case may appear in t-shirts, tank-tops, tube-tops, cut-offs, shorts, excessive or distractive facial jewelry or other inappropriate clothing.  Attorneys are responsible for ensuring that clients and witnesses comply with this dress code.

RULE 2
FILES AND RECORDS

2.1       Removal of Records, Check Out Procedure.  All files requested for review will be retrieved only after the person requesting the file has filled out a “check-out” card.  This card must reflect the case name and number, the name of the person checking out the file, their phone number and date.  This card will be given to a court clerk.  Anyone wishing to review a file must specifically request that the file be retrieved from filing by a clerk.  Public access to the filing cabinets will not be allowed.  Upon return of the file, the “check-out” card will be discarded.  No person or entity will be allowed to retain a file longer than 1 week at a time.

An attorney whose principal office is outside the 6th Judicial District may
check out files only upon written request and with the permission of the judge assigned to the case.  The attorney shall sign, or authorize in writing someone to sign on his or her behalf, the appropriate record kept in the Clerk’s office that he or she has checked out the file.

Files and records shall be returned immediately upon request of the Clerk and in any event at least three (3) days before a scheduled hearing.

Members of the general public may view the files in the courthouse, except those restricted by law, but may not check them out and take them.

Microfilmed records shall not be removed from the possession of the Clerk and may be viewed at the place provided within the courthouse.

All juvenile files and records, all mental illness and adoption files and records, all files and records pertaining to alcohol and/or drug abuse, all files not microfilmed and all other records required by law to be kept confidential shall not be disclosed to any person, except upon approval of a judge of this court.

No criminal files shall be removed from the office of the Clerk of the District Court, except on written permission of the Court after verification that it has been microfilmed.  All files checked out must be returned within five (5) working days.  (Also so Supreme Court Rule 106).

2.2       Copy Expense.  The official custodian of the court records shall be authorized to charge and require advance payment of a fee for providing access to or furnishing copies of records.  Executive branch agencies such as the Department of Social and Rehabilitation Services and local government agencies may be charged for access and copies on the same basis as members of the public.  Photocopies of any papers in any non-confidential file may be obtained from the clerk twenty-five (.25) cents per page (.50 cents in Miami County) and at no cost if indigent or waived by the judge.  Certification by the clerk of such papers may be obtained at a cost of One Dollar ($1.00) for every certification.  Payment shall be in cash or by check and shall not be charged to costs.

Attorneys are prohibited from utilizing copy or facsimile equipment for personal use.

RULE 3
SURETIES AND BONDSMEN

3.1       Appearance and Bail Bonds, Approval of Surety.            Any person proposing to write appearance and bail bonds under the authority or approval of a judge or this judicial district shall submit a written application to the Chief Judge specifying the following information: (1) the name of the applicant seeking authority; (2) the name of the company or agency, if any, under which the applicant is employed, working or doing business; (3) the applicants business mailing address and street address; (4) the applicant’s business telephone number(s); and (5) the county or counties where approval is sought.   Where applicable, the following additional information shall be provided: (1) name of insurance company surety; (2) State of Kansas Insurance Agent’s License number; and (3) surety limits.

Individuals proposing to write bonds on behalf of insurance companies shall attach to the application a certificate of insurance and of their authority to write bonds.  Insurance companies must be authorized to do business in the State of Kansas.

Individuals writing bonds other than on behalf of an insurance company shall attach to the application a verified financial statement describing the property by which such surety proposed to justify and the encumbrances thereon, the number and amount of other bonds and undertakings for bail entered into by such surety and remaining undischarged district exceeding the total amount approved by the Chief Judge for that county.

Certificates of insurance and financial statements shall be renewed annually on April 15 of each year.

Upon compliance with the terms and conditions set out herein, a Certificate of the authority and qualifications of the individual authorized to write bonds will be issued to the applicant and to the Sheriff, Clerk of the District Court, and County Attorney in each county where said individual is authorized to write bonds.

The discretion of the sheriff of any county of this district to accept and approve bonds pursuant to the authority of K.S.A. 22-2806, amendments thereto, and Kansas Supreme Court Rule No. 114, or other appropriate authority, shall not be affected by this Rule or any certificate issued pursuant to the terms of this Order.

Any bondsman failing to satisfy a bond forfeiture within thirty (30) days after judgment has been entered by the Court may be prohibited from writing any additional bond in the 6th Judicial District.

The Sheriff shall accord all bondsmen approved by the Chief Judge.  The Chief Judge shall furnish the Clerk of the District Court, and the Sheriff, a list of approved professional bondsmen and sureties.

Nothing in this rule shall negate K.S.A. 22-2806, which provides that the appearance bond may be approved and accepted by the Clerk of the District Court wherein the action is pending or by the Sheriff of the said county, according to law.

A professional surety shall not be qualified or may be disqualified to write bail bonds if:

  1. the amount of the surety’s liabilities equal or exceed the value of the surety’s assets.
  2. the surety or an agent of the surety has committed or attempted to commit an act of moral turpitude or dishonesty; or
  3. the surety or an agent of the surety has demonstrated a pattern of disruptive conduct toward the Court or its personnel.

On the motion of the County Attorney or on the Court’s own motion, any professional surety previously qualified to write bail bonds shall be required to show cause why such surety and/or its agent should not be disqualified from writing bail bonds.  Nothing in this rule shall prevent any Judge from declining to approve any bondsman or bond written by a bondsman approved to do business within this District.

3.2       Cash Bond.  Cash bonds from persons against whom charges have not yet been filed will not be accepted by the court from any person, including the Sheriff unless the information on the attached form (Appendix A ) has been furnished to the court.

If charges have not been filed against the person or persons for whom the cash bond was posted within ninety (90) days from the date said cash bond was posted, it shall be returned to the owner of the cash bond at the address furnished to the court.

It is the responsibility of the person posting the cash bond to inform the court of any change in his or her address or residence.  The court will attempt to return the cash bond to the address furnished to the court.  If the court is unable to do so because the address has changed, or the cash bond cannot be delivered by U.S. Mail, the cash bond will be paid over to the unclaimed property fund maintained by the Kansas State Treasurer.

Any person who posts a cash bond for another is hereby notified that the same may be applied to restitution, unpaid judgment, court appointed attorney fees, court costs and any other costs the court has or may assess against the person for whom the cash bond is posted.  All persons posting cash bonds for others shall be so notified but proof of said notice is not necessary to apply the cash bond to these costs.

RULE 4
MEDIA COORDINATOR

In accordance with Rule 1001(9) as promulgated by the Supreme Court of the State of Kansas pertaining to Media Coverage of Judicial Proceedings, the Chief Court Clerk is designated as Media Coordinator for the 6th Judicial District.

RULE 5
ASSIGNMENT OF CASES

The District Judge of Division one (1) shall maintain his or her chambers in Paola.  The District Judge of Division two (2) shall maintain his or her chambers in Mound City and the District Judge of Division three (3) shall maintain his or her chambers in Fort Scott.

The resident District Judge of each county shall be responsible for all the assignments and hearing of all cases within that county, subject to approval of the Chief Judge.  The Chief Judge will maintain ultimate authority to assign and hear cases as provided in Supreme Court Rule 107.
                                                                             

RULE 6
CONSOLIDATIONS AND DISMISSALS

6.1       Consolidation.    Cases appropriate for consolidation shall be consolidated with the lowest number case unless otherwise ordered by the Chief Judge.  When a case with a higher number is consolidated with a case having a lower number, the judge assigned to the case with the higher number shall order the consolidation after conferring with the judge with the lower number case, if such case is in another division.

When cases are filed under two different Chapters (60-61-59-38) the judge shall notify in writing the judge succeeding to the case.

Any case dismissed and re-filed shall be transferred to the same division to which it was previously assigned.  (See Supreme Court Rule 107 and K.S.A. 60-242(a).)

6.2       Dismissal for lack of prosecution:   Periodically at such times as the assigned judge may deem appropriate, or at the suggestion of the Clerk, the judge may notify counsel of cases subject to dismissal for want of prosecution.   Notification will consist of a notice of intent to dismiss for lack of prosecution.  Upon dismissal a notice of final action will be mailed, or deposited in counsel’s box.

RULE 7
CIVIL MOTION PRACTICE

7.1       Motions.  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 or contain a brief or memorandum suggesting the reasons and authorities in support.

A party opposing a motion other than one to dismiss, one for summary judgment, or post judgment relief under Chapter 60, Article 16 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 a response, file an original with the clerk and serve upon all other parties a copy of a written reply memorandum.  No other replies will be allowed.   Any such motion, not responded to may be granted sua sponte.

7.2       Hearings.  No contested hearing shall be scheduled on any regular docket without the specific approval of the Judge who has been assigned to hear that particular case.  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, the motion shall be deemed finally submitted for decision.

Exceptions.  The exceptions to the above are as follows:

  1. 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.
  2. 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.)         
  3. Motions accompanied by an agreed order will be ruled on without further supporting or responsive memoranda.
  4. Preliminary domestic motions may be supported and opposed by affidavits in lieu of or in addition to other memoranda.
  5. Contested motions for change of an ex-parte temporary custody order.

7.3       Chambers Copies.  A copy of every civil brief, motion and response and reply filed with the clerk must be simultaneously mailed or delivered to chambers of the judge assigned to hear the case.

7.4       Time Computations.  The provisions of K.S.A. 60-206 shall govern the computation of the time periods set forth in this rule.

7.5       General.  Any motion may be dismissed by the Court for failure to comply with the requirements of this rule.

RULE 8
MOTIONS TO RECONSIDER

A motion to reconsider is in substance, if not form, a motion to alter or amend under K.S.A. 60-259(f).  A party may file a motion asking the judge to reconsider an order or decision, in writing, within ten (10) days after the filing of the Journal Entry or Order, unless time is expanded by the court.  A motion to reconsider should be based upon an (1) intervening change in controlling law, (2) the availability of new evidence, or (3) the need to correct clear error or prevent manifest injustice.

RULE 9
PLEADINGS

All pleadings and other papers in any case or proceeding with the Clerk of the Court shall have 2 inches of blank space in the upper right hand corner for use by the Clerk for filing stamping.

All pleadings, precipices, and correspondence shall contain the case number and the division involved.

All pleadings, briefs, and other papers prepared by attorneys or litigants for filing in the court shall, unless the judge specifically permits otherwise, be typed with black ink on one side only on standard size paper (8 ½ x 11) which includes the name, address, and telephone number and Supreme Court Registration Number of the attorney filing said documents.  Typing shall be double-spaced except that single spacing may be used for subparagraphs, legal descriptions of real estate, itemizations, quotations, and similar subsidiary portions of the instrument.

RULE 10
FUNDS HELD BY THE CLERK

10.1     General.  A Judge of the District Court may order that any monies in actions pending before the Court be invested in any local financial institution for safe keeping.  As an alternative to investing said funds a Judge may also order that any such funds be held by the Clerk of the District Court in existing accounts.

If the funds are to be invested the Court order for investment may specify that the attorney holding the monies shall be responsible for opening an interest bearing account in such financial institution for deposit of said funds prior to determination of ownership by the Court.  Proof of such investment must be placed in and become a part of the court record and be retained by the Clerk of the District Court.

Upon final determination by the Court as to the ownership of such funds, an order must be drawn directing the attorney who made the original investment to pay out all proceeds to the designated parties.  Interest received from any investment of funds shall become the property of the person or persons found to be the owners of the monies by the Court unless otherwise ordered.

10.2     Endorsement without Recourse.  When payment for temporary orders or judgments are made by check and received by the district court clerk’s office, the clerk is authorized to endorse the check to the proper person “without recourse”.

 

RULE 11
DEPOSITIONS AND INTERROGATORIES

11.1     Depositions.    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 Kansas for the deposition rather than all counsel traveling to the out-of-state location.

Unless contrary to, or inconsistent with an order of the Court, 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.  Stipulations for the extension of discovery deadlines set by the Court shall be set forth in an agreed order to be approved by the Court.

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. ( Reasonable notice for the taking of depositions shall be ten (10) days.)  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 ten (10) days notice of any deposition shall be given.)

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 Confidentiality Order shall be excluded.

The only objections that should be raised at the deposition are those required to be made under K.S.A. 60-232(d)(3) in order to preserve the objection or to preserve a privilege, judicial limitations, or opportunity to seek court protection.    Objections on other grounds are unnecessary and should generally be avoided.  Relevance and materiality are not appropriate grounds for objection.  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.

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.

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.

11.2     PRODUCTION OF DOCUMENTS: Witnesses subpoenaed to produce numerous documents must be served at least thirty (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.

11.3     CONFIDENTIALITY ORDER: A copy of any Confidentiality Order shall be proved to the deponent before the deposition commences if the deponent is to produce or may be asked about documents which may contain confidential information.

11.4     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 an 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.

11.5     EXPERT WITNESSES: Leave of the court is not necessary in order 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.

11.6     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.  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 of witness) and K.S.A. 60-230(f) (filing; exhibits).  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.  The operator(s) of the videotape recording equipment shall be subject to the provision of K.S.A. 60-2288 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.  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.  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.

The videotape shall run continuously throughout the active conduct of the deposition.  Videotape recording will be suspended during all off the record discussions.

Re-reading of questions or answers, when needed, will be done on camera by the stenographic court reporter.

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 videotaped deposition shall be released or made available to any member of the public unless authorized by the Court.

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.

A party desiring to offer a videotaped 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 bee 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 ten (10) days before it is used, and the unedited original of the tape shall also be available at the trial.

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.

11.7     DISPUTES DURING DEPOSITIONS: 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 Court’s ruling will be recorded as part of the deposition by the court reporter taking the deposition.

11.8     INTERROGATORIES: Except by order of the Court, a party shall, without the receipt of formal discovery requests, provide to the other parties answers to standard interrogatories and responses to standard requests for production of documents properly requested by the other parties.  The responding party shall print copies of the interrogatory questions and requests for production with the respective answers and responses and serve the questions, answers, requests and responses on all parties of record.  No more than thirty (30) questions, including sub parts, and thirty (30) requests for production, may be requested without leave of Court.  The responding party shall have thirty (30) days from the date the letter is served in which to provide the information requested.  Additional interrogatories, including case specific interrogatories, or requests for production of documents, other than those contained in this rule, may be served when appropriate.

With respect to the information that falls within the scope of the preceding section, the Court will strictly enforce these written requests for information and will not entertain objections to the production of non-privileged information sought unless it falls within the scope of K.S.A. 60-226(c).  Extensions of time in which to provide this information will be granted only in extreme cases where substantial hardship exists.  Failure to timely provide the information required may result in the imposition of sanctions without the necessity of a motion to compel.

 

RULE 12
CIVIL CASE MANAGEMENT INCLUDING
PRETRIAL CONFERENCE PROCEDURE

The following rules apply to all Chapter 60 civil actions except by order of the Court upon motion.  The Court upon motion may order that theses 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.

12.1     CASE MANAGEMENT AND SCHEDULING: A case management conference will be held in every contested civil case with the exception of domestic relations cases.  A case management checklist shall be completed by counsel of record prior to the conference.  The case management checklist shall be filed with the court and copies provided to all opposing counsel no later than three (3) days before the case management conference (See appendix B for Case Management Checklist).  In addition thereto counsel for all parties shall confer in an attempt to arrive at an agreed case management order.  The order shall schedule all discovery for completion.  Counsel shall schedule a conference call with the Judge of the division in which the case is pending to obtain a date for a case management conference.  With approval of the Court the case management conference may be conducted by telephone.  The case management/scheduling order shall then be filed within ten (10) days of the conference.  Counsel shall exercise reasonable efforts in attempting to agree upon a scheduling order.  Failure or refusal to confer may result in the issuance of sanctions.

12.2     DUTY TO CONFER ON DISCOVERY DISPUTES: Except as otherwise ordered, the Court will not entertain any motion under K.S.A. 60-237 unless counsel for the moving party has conferred with or has made a good faith effort to confer with opposing counsel concerning the matter in dispute prior to the filing of the motion.  Counsel for the moving party shall submit a certificate of compliance with this rule with any motion filed under K.S.A. 60-237.  All motions filed under K.S.A. 60-237 shall be filed and served within thirty (30) days of the default or the service of the response, answer, or objection which is the subject of the motion, unless the time for the filing of such motion is extended for good cause shown, or the objection to the default, response, answer or objection shall be waived.

12.3     COMPARATIVE NEGLIGENCE ACTIONS:   With respect to comparative negligence actions, if any party is claiming the fault of another individual or entity to be compared, then, if requested, an identification of such person or entity shall be made no less than thirty (30) days before the close of non-expert discovery.  If no such identification is timely made, the fault of such persons or entities will not be allowed except upon motion and order of the court finding good cause as to why the identification could not have been timely.  In the event this identification designates persons or entities not already investigated through discovery the court shall allow any other parties additional time in which to complete necessary discovery with respect to such individuals or entities.  Nothing in this provision shall prevent any party from seeking leave of court for an earlier identification if the interests of justice so require.

12.4     PRETRIAL CONFERENCE PROCEDURE: A pretrial questionnaire from each party in the form pre-approved by the Court shall be exchanged among the parties and furnished to the Court at least seven (7) working days prior to the Pretrial Conference, for form see Appendix C.  Failure to timely exchange pretrial questionnaires and submit them to the Court may result in the imposition of sanctions.  Likewise, if a party fails to appear in person or by counsel at a Pretrial Conference, after notice, an ex parte hearing may be held and appropriate judgment entered.  Chambers copies of all pretrial questionnaires shall be provided within the time limitations set forth above.

The parties are encouraged to agree and resolve as many issues as possible and

submit an agreed upon Pretrial Order.  If issues remain in dispute they shall be set out in the Pretrial Questionnaire and will be resolved at the pretrial conference.  Ordinarily discovery shall have been completed at the time of hearing.  If additional witnesses or evidence are discovered after  the Pretrial Conference, the discovering party shall immediately make this known to all parties and to the court in writing.  Parties are not necessarily required to attend the pretrial hearing unless ordered to do so by the court.  The pretrial hearing must be held at least thirty (30) days prior to trial.  Objections to the Pretrial Order must be made in writing and forwarded to the court within five (5) days of the hearing.

12.4(a)             The pretrial conference shall be conducted substantially in conformity with the following procedural steps:

  1. The parties shall state concisely their factual contentions and the theories supporting their claims, defense, and claims for relief.
  2. The parties shall state their understanding as to the issues of law.
  3. The parties will inform the court as to any proposed amendments to the pleadings.  The court may rule upon any proposed amendments.
  4. Court and counsel will confer as to matters not disputed and requests will be made for admissions and stipulations.
  5. Pending motions shall be enumerated and anticipated motions shall be stated.
  6. Limitations, identification and number of experts and other witnesses shall be discussed.  Supreme Court Rule 140(g)(5) requires counsel both to name witnesses, and to state the essence of their testimony, especially if those witnesses have not been deposed.  Ordinarily, only witnesses listed pursuant to the pretrial order may be called to give testimony at trial.  However, the court may, in its discretion, permit a party to call a witness not listed by that party or any party under such circumstances as the court deems just.
  7. Exhibits intended to be offered at trial will be identified.  It is not necessary that the exhibits be admitted at the pretrial conference, however, if an exhibit was not disclosed at pretrial, and listed in the order, the court may refuse its admission.
  8. A determination as to whether the case is for trial to the court or to a jury shall be made.  If the trial is to be to a jury a stipulation as to the number of jurors will be entered.
  9. The position of the parties relative to settlement shall be considered and the possibility of settlement explored, including the feasibility of a settlement conference, summary trial, mediation, arbitration, or other alternative methods of dispute resolution.

12.4(b)             The pretrial order, when approved by the court and filed with the clerk, will control the subsequent course of the action unless modified by consent of the parties and the court, or by an order of the court to prevent manifest injustice.

12.4(c)             PUNITIVE DAMAGES REQUESTED: K.S.A. 60-3703 requires that any motion seeking punitive damages be filed on or before the date of the pretrial conference.

12.4(d)            SANCTIONS: Should counsel or a pro-se litigant fail to appear at the pretrial conference, is substantially unprepared, or fails to comply in good faith with the provisions of this rule, the court may, in its discretion impose any sanction listed in Rule 12.4(c).

12.4(e)             SUBPOENA OF BUSINESS RECORDS: A party serving a business records subpoena pursuant to the provisions of K.S.A. 60-245a shall serve notice of the service of the subpoena on all of the other parties to the action.  The subpoena shall clearly reflect that the records produced in compliance with the subpoena shall be sent to the Clerk of the District Court.  If an objection is filed, the clerk shall not release any records submitted until further order of the court.  In the event the non-party witness sends the documents requested to counsel rather than to the clerk, it shall be the duty of counsel to immediately forward the original documents to the clerk.  Copies will be made by or under the supervision of the Court Clerk.

  1. Refuse to allow support or opposition of claims and defenses
  2. Prohibit the introduction of evidence by that party
  3. Strike pleadings or parts of pleadings
  4. Dismiss the action or any part of the same; and/or
  5. Render default judgment, judgment or dismissal.

 

RULE 13
DUTY TO CONFER

Unless otherwise ordered, the court will not entertain any motion to quash or modify a subpoena, any motion to order appearance or production only upon special conditions, or any motion under K.S.A. 60-226 or 237, unless counsel for the moving party has at least informally conferred or has made good faith 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 as a part of the motion describing the steps taken by all counsel to resolve the issues in dispute.

RULE 14
RULES REGARDING EXPERT WITNESSES

At the case management conference, or thereafter, the Court may limit the number of expert witnesses to be called by each party to avoid repetition and unnecessary expense.  As set forth in these rules the Court shall determine the time that identification of experts will be made by the parties.

At the time of nomination 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 therefore.  The disclosure shall include a current curriculum vitae setting out the qualifications of the expert and identifying al published and unpublished writings of the expert pertaining tot he 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.

At the 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.

Treating physicians may be identified as experts without the necessity of a full disclosure as set forth in this rule.  However, if counsel anticipated using them for opinions other than uncontested causation, the nature and extent of the injury, and the reasonableness and necessity of medical treatment and expenses, then full disclosure as an expert shall be made.  Lawyers have a right to interview a treating physician after the physician-patient privilege is waived by the filing of a lawsuit, provided the physician is supplied with a written consent waiving the privilege by the person holding the privilege or by order of the Court.  A treating physician may be interviewed outside the presence of parties or other counsel, provided the treating physician consents to the interview.

In any case in which the condition of a patient, as defined by K.S.A. 60-427(a)(1), is an element or factor of the claim or defense asserted by or on behalf of the patient, the attorneys representing the parties may interview any treating health care provider, as defined by K.S.A. 40-3401, or their employees without leave of the court.

Lawyers may not interview any opposing expert witness who has been retained or specially employed by another party in anticipation of litigation or preparation for trial without either consent of counsel or order of the Court.

RULE 15
SETTLEMENT CONFERENCES

Upon its own motion or upon the motion of a party to a civil action, the court may require the parties, their representatives and attorneys to appear for a settlement conference.  The purpose of such a conference will be to explore the possibilities for settling the action and to propose suggestions to assist the parties in negotiation.  The attorneys will initiate the scheduling of the settlement conference, which may be set in a court other than that to which a case is assigned or with a private mediator.  Reasonable notice of the setting of the settlement conference shall be given to all parties at least five (5) days in advance of the conference.  Each attorney shall be prepared to discuss the current position of his or her client with respect to settlement negotiations.  No party shall be prejudiced at the trial of the action if settlement negotiations fail.  Unless otherwise ordered the pretrial order shall be filed prior to the settlement conference.

RULE 16
EMINENT DOMAIN

The petitioner in every eminent domain proceeding shall file an original and one copy of the petition.  Petitioner shall also file a scale drawing or plat of the tract or tracts sought to be taken, which plat shall become a permanent part of the record in such proceedings.  The original petition and the plat shall not be loaned out by the Clerk while the matter is pending; but the copy of the petition may be checked out pursuant to court rule.

Promptly upon the expiration of time for appear, counsel for petitioner shall prepare an order for the distribution of funds for each tract upon which no appeal has been taken.

RULE 17
REQUESTED JURY INSTRUCTIONS

17.1     General.  Unless otherwise ordered by the Judge, any request for jury instructions and verdict forms, shall be presented in writing to the Court and served upon each adverse party no later than one (1) week prior to the commencement of trial.  At the discretion of the judge assigned to the case counsel may be required to submit agreed instructions and verdict forms. Any proposed instructions that remain in dispute shall be ruled upon by the court.  However, the Court may receive additional requests relating to questions arising during the trial at any time prior to the giving of final instructions.  Pattern jury instructions may be requested by title and number.  Requested instructions altering pattern jury instructions shall show the deleted test and the new language requested shall be underlined.  Jury instructions based upon statutes or case law shall include the citation of authority at the end of the requested instruction.

17.2     JURY QUESTIONNAIRES:  Jury Questionnaires will be available to counsel prior to trial dates.  Requests for questionnaires should be made to the clerk.  Questions asked and answered on the juror questionnaire shall not be repeated in voir dire examination.

RULE 18
CASES RESULTING IN JUDICIAL SALE

In all cases resulting in judicial sale it shall be the responsibility of the party granted said sale to prepare the Motion and Order Confirming Sale, Sheriff’s return and /or certificate of purchase and the Sheriff’s Deed.  Further, it shall be the duty of said party to prepare and provide any other document which the clerk reasonably requests to effect conclusion of the case such as Order to Pay Out and the like.

RULE 19
CIVILITY

A lawyer shall avoid taking action adverse to the interest of a litigant known to be represented without timely notice to opposing counsel unless ex parte proceedings are permitted.

A lawyer shall promptly return telephone calls and answer correspondence from other lawyers.

A lawyer shall respect opposing counsel’s schedule by seeking agreement on deposition dates and court appearances (other than routine motions) rather than merely serving notice.

A lawyer shall avoid making ill considered accusations of unethical conduct toward an opponent.

A lawyer shall not engage in intentionally discourteous behavior.

A lawyer shall not intentionally embarrass another attorney and shall avoid personal criticism of other counsel.

A lawyer shall not seek sanctions against or disqualification of another attorney unless necessary for the protection of a client and fully justified by the circumstances, not for the mere purpose of obtaining a tactical advantage.

A lawyer shall strive to maintain a courteous tone in correspondence, pleadings, and other written communication.

A lawyer shall not intentionally mislead or deceive an adversary and should honor promises or commitments made.

A lawyer shall recognize that the conflicts within a legal matter are professional and not personal and endeavor to maintain a friendly and professional relationship with other attorneys in the matter - “leave the argument in the courtroom.”

A lawyer shall express professional courtesy to the Court and has the right to expect professional courtesy from the Court.

RULE 20
EXTENSIONS OF TIME AND CONTINUANCES
OF HEARINGS

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.

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 granted upon stipulation of counsel without court approval or prior knowledge.

RULE 21
SUMMONING OF JURORS

The Clerk of the District Court will cause to be called for jury trial the following
number of jurors in each case unless otherwise directed by the trial judge:

Chapter 60: 40 jurors

Chapter 61: 25 jurors

Off grid severity level 1 offenses: 80 jurors

Level 2-6 person  or non-person felony or level 2 or 3 drug felony:    60 jurors

Unclassified felony or guideline felony not mentioned above: 50 jurors

Where there are multiple parties or where there is an off-grid or severity level 1 felony, or in cases wherein there are potential difficulties in impaneling jurors due to subject matter, publicity or notoriety, the Clerk shall verify the number of jurors with the assigned judge.

RULE 22
JURORS

22.1     The assigned judge shall determine whether a prospective juror is unqualified for, exempt, or to be excused from jury service.  Any person shall be determined to be qualified to serve on juries in the District Court unless he or she:

  1. Is not a citizen of the United States 18 years of age;
  2. Is unable to read, write and understand the English language with a degree of proficiency sufficient to fill out satisfactorily the juror qualification form;
  3. Is unable to speak the English language;
  4. Is incapable, be reason of mental or physical infirmity, to render satisfactory jury service; or
  5. Has a charge pending against him or her for the commission of, or has been convicted in a state or federal court of record, a crime punishable by imprisonment for more than one year and his or her civil rights have not been restored.

Members in active service in the Armed Forces of the United States are exempt from jury service.

22.2     EXCUSE OF INDIVIDUAL FROM JURY SERVICE:   In addition to the members of groups and classes subject to excuse from jury service on request as stated above, any person summoned for jury service may be excused by the court, or the clerk, upon a showing of undue hardship or extreme inconvenience, or both.  The names of those so excused are to be reinserted into the jury pool unless otherwise directed by a judge.

22.3     GROUPS AND CLASSES, MEMBERS OF WHICH ARE SUBJECT TO
EXCUSE ON REQUEST: It is hereby determined that jury service by the following groups of persons and occupational classes of persons may entail undue hardship or extreme inconvenience to the members thereof and that an excuse from jury service of the members thereof may be granted by the assigned judge or the clerk:

  1. Persons over 75 years of age;
  2. Persons who have, within the last one (1) year served on a jury;
  3. Persons having active care and custody of a child or children under ten (10) years of age whose health and/or safety would be jeopardized by their absence for jury service or a person who is essential to the care of aged or infirm persons;

URL: www.kscourts.org/dstcts/6ctrules_Part1.htm
Updated: April 10, 2012.