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Rules Adopted by the Supreme Court

Rules Relating to District Courts

Rule 140
Motions, Discover, Pretrial Procedures, and Related Matters

Final PreTrial Conference Procedure

(a) The final pretrial conference contemplated by K.S.A. 60-216 shall be held before a judge with court participation throughout. The final pretrial conference shall be held at least two (2) weeks prior to trial.

(b) The final pretrial conference is predicated upon discovery being completed and the parties being prepared to complete the procedural steps recited herein. If additional witnesses or evidence is discovered after the final pretrial conference, the discovering party shall immediately make this known to all parties and the court in writing.

(c) Parties may be present at the final pretrial conference and shall be present when ordered by the court.

(d) The final pretrial conference will be conducted by an attorney who will participate in the trial of the case.

(e) The court shall prepare the pretrial order or designate counsel to do so.

(f) Should counsel object to the pretrial order, counsel shall state his or her objections in writing and forward the objections and the pretrial order to the court within ten (10) days.

(g) The final pretrial conference will be conducted substantially in conformity with the following procedural steps:

(1) Plaintiff will state concisely his factual contentions and the theory of his action.

(2) Defendant will state concisely his factual contentions and the theories of his defenses and claims for relief.

(3) The court will rule upon any proposed amendments.

(4) Court and counsel will confer as to matters not disputed and request will be made for admissions and stipulations.

(5) Names and addresses of witnesses who will be called will be submitted in writing and counsel will be prepared to state the essence of their testimony.

(6) All exhibits which parties intend to use at the trial shall be known to the court and opposing counsel and may be marked for identification and admitted into evidence.

(7) The court may rule on any motions for dismissal, judgment on the pleadings, or summary judgment.

(8) Counsel will state if a jury is requested, if a jury of less than twelve (12) will be accepted, and time required for trial.

(9) A guardian ad litem will be appointed if advisable.

(10) Limitations upon the number of expert and cumulative witnesses for each side will be considered and ruled upon.

(11) The issues of fact will be stated by the court.

(12) The questions of law will be stated and the court will rule thereon.

(13) Questions of evidence will be stated and the court will rule thereon.

(14) Problems relative to jury instructions will be stated and the court will rule thereon.

(15) The position of parties relative to settlement shall be considered and the possibility of settlement explored.

(16) If the court authorizes the filing of briefs the time of filing shall be specified.

(17) Any procedures that may aid in the disposition of the case will be determined, including submission on special verdict or general verdict and interrogatories, consolidated or split trials, reference to a master, less than twelve (12) jurors and less than unanimous verdict.

Case Annotations
1. Failure to timely request conference hereunder acts as waiver of right thereto; due process not denied. Mansfield Painting and Decorating, Inc. v. Budlaw Services, Inc., 3 Kan. App. 2d 77, 83, 589 P.2d 643 (1979).
2. When no attempt is made to modify pretrial order, such order controls the subsequent course of the litigation. Sieben v. Sieben, 231 Kan. 372, 376-77, 646 P.2d 1036 (1982).
3. No abuse of discretion where trial court chose to prevent excessive cumulative evidence from expert witnesses. Powers v. Kansas Power & Light Co., 234 Kan. 89, 98, 99, 671 P.2d 491 (1983).
4. Discovery and pretrial utilized to formulate issues of fact and law for ultimate determination. Oller v. Kincheloe's, Inc., 235 Kan. 440, 448, 681 P.2d 630 (1984).
5. Failure of trial court to prepare written pretrial order hampers appellate review. Burkhart v. Philsco Products Co., 241 Kan. 562, 565, 738 P.2d 433 (1987).
6. Pretrial conference is not intended as a Rule 136 discovery conference. Burkhart v. Philsco Products Co., 241 Kan. 562, 572, 738 P.2d 433 (1987).
7. Trial court's granting defense motion to dismiss with prejudice in the absence of pretrial conference and pretrial order reversed. Boydston v. Kansas Board of Regents, 242 Kan. 94, 744 P.2d 806 (1987).
8. Procedural steps of Rule 140(g) not followed, resulting in incomplete pretrial order. Carnes v. Meadowbrook Executive Bldg. Corp., 17 Kan. App. 2d 292, 836 P.2d 1212 (1992).
9. Client may waive conflict of interest Rules 1.7 and 1.9 and consent to attorney's representation despite anticipated adverse testimony. LeaseAmerica Corp. v. Stewart, 19 Kan. App. 2d 740, 876 P.2d 184 (1994).
10. Failure of the court to issue a written pretrial order did not cause a disadvantage or deny due process to appellant. In re D.R.R., 25 Kan. App. 2d 561, 965 P.2d 861 (1998).
11. No abuse of discretion by trial court in denying motion to amend pretrial order. Norton Farms, Inc. v. Anadarko Petroleum Corp., 32 Kan. App. 2d 899, 91 P.3d 1239 (2004).

Law Review and Bar Journal References
Rose, Objections, 2 J. Kan. Trial Law. No. 3, 18, 19 (1978).

[History: Am. effective March 11, 1999; Am. (f) and (g) effective September 8, 2006.]