Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Before Hearing
Motion, Supporting Brief, Opposing Brief
Court-wide- Upon Filing
Motion, Supporting Brief, Opposition Brief
Court-wide- Upon Filing
Proposed Instructions
Court-wide
Communication
Phone
Court-widePhone
Court-wideDocument Format Requirements4 rules
Parties must present exhibits in electronic format.
- Trial exhibits
Formatting
- •Exhibits must be presented in electronic format
The proposed order must be submitted to the e-queue of Judge Wonnell in WORD format.
- Pretrial order
Formatting
- •WORD format
Petitioner’s Exhibits will be marked 1-299. Respondent’s exhibits will be marked 300-599. Third party exhibits will be marked 600-899.
- Trial exhibits
Formatting
- •Petitioner’s exhibits must be marked 1-299
- •Respondent’s exhibits must be marked 300-599
- •Third-party exhibits must be marked 600-899
The draft order must be submitted to the Court, by email, in MS Word format no later than 48 hours prior to the scheduled pretrial conference.
- Pretrial order
Formatting
- •MS Word format
Document Filing Requirements38 rules
Parties must clear the specific motions with Division 6 and indicate the motions to be heard in the notice of hearing.
All submitted orders need to have the signatures of all counsel or self-represented parties.
If the parties submit a completed Case Management Order (CMO) 48 hours prior to the conference, they do not need to appear at the docket and it will be cancelled.
Any party who desires to call a minor child to testify, or desires to admit child testimony in some other form, in any proceeding, must file a Notice of Intent to Call Minor Child as a Witness, pursuant to Local Rule 19.
Petitioner’s counsel is to prepare a proposed joint Order and forward it to Respondent’s counsel at least 7 days prior to the hearing.
“Nunc Pro Tunc” means “now for then”. Therefore, the entire new Order, labeled Nunc Pro Tunc Order, with the proposed changes, must be filed as the proposed new Order if the motion is granted. A proposed Order that simply has the corrections and refers back to the original Order for the remaining provisions will be rejected.
Any party wishing to submit a deposition in lieu of live testimony shall file the deposition designation, and basis or reason for why the deposition will be used in lieu of live testimony on or before (21 days prior to Final Argument Conference date).
Respondent lists (full name and address) fact witnesses for trial below. Witnesses not listed will not be permitted to testify absent leave of Court. Witnesses to be called solely for rebuttal or impeachment need not be listed. Respondent’s witnesses: Click here to enter text.
The proposed order must be submitted to the e-queue of Judge Wonnell in WORD format.
The draft order must be submitted to the Court, by email, in MS Word format no later than 48 hours prior to the scheduled pretrial conference.
Petitioner lists (full name and address) fact witnesses for trial below. Witnesses not listed will not be permitted to testify absent leave of Court. Witnesses to be called solely for rebuttal or impeachment need not be listed. Petitioner’s witnesses: Click here to enter text.
A completed Johnson County Specialty Court referral form and release of information should be submitted by email to treatmentcourts@jocogov.org
If the referral is accepted by the treatment team, an attorney or supervising officer will submit a petition to have the case transferred to Behavioral Health Court.
Participants are required to submit a signed BHC Universal Release of Information granting the exchange of protected health information (PHI) between all treatment team members and agencies.
The parties must comply with Johnson County District Court Local Rule 8.
Such motion and any response thereto, must be in compliance with Kansas Supreme Court Rule 141, or it will not be considered.
B. Each party shall provide to the Court any additional jury instructions requested by that party that are not stipulated.
A retained expert’s prepared written report must accompany the designation, but the designation may refer to and incorporate a report containing the specified information.
Court's wording
In addition to the designation, if the expert witness is a “retained” expert pursuant to K.S.A.60-226(b)(6)(B) and he/she has prepared a written report, such report must be provided along with the designation. If the written report contains the information contemplated by K.S.A. 60-226(b)(6)(A) &/or (B), the designation for that expert may simply refer to and incorporate the written report.
A party with an affirmative damages claim must designate its expert by the specified date and include the expert’s identifying information, expected subject matter, opinions, facts, and grounds.
Court's wording
Any party with an affirmative claim for damages must designate an expert witness on or before the ___ day of ______________, 20__. Such designation must include the name and business address of each expert witness. In addition, the designation must state the subject matter on which each designated expert is expected to testify, the substance of the facts and opinions of the expert and a summary of the grounds for each opinion.
A motion to compel must describe in particularity the efforts to resolve the dispute and state the date of the referenced conference call.
Court's wording
Any such motion must recite with particularity, the communications or attempted communications aimed at resolving the discovery dispute prior to the filing of the motion. The motion must also recite the date of the conference call above-referenced.
A. The plaintiff shall provide to the Court all stipulated jury instructions.
Except for the listed motions, a motion must state the moving counsel’s consultation efforts, their results, and whether opposing counsel agrees to the requested relief.
Court's wording
Any motion (other than a motion to dismiss, motion for judgment on the pleadings, motion for summary judgment or motion to compel) must contain a statement that counsel for the moving party has attempted to consult with opposing counsel, the result of those attempts, and whether or not opposing counsel agree(s) to the relief sought in the motion.
A party wishing to call a rebuttal expert must identify the expert by the specified date and provide the required identifying, subject-matter, opinion, fact, and grounds information.
Court's wording
Any party that wishes to call a rebuttal expert witness to testify at trial must identify such expert witness on or before the ___ day of ________, 201__. Such designation must include the name and business address of each rebuttal expert witness. In addition, the designation must state the subject matter on which each designated expert is expected to testify, the substance of the facts and opinions of the expert and a summary of the grounds for each opinion.
The moving party may provide a proposed journal entry only if all counsel of record sign it or the motion specifically states that all counsel were consulted and agree to the relief.
Court's wording
The moving party shall not provide a proposed journal entry relating to the motion filed, unless the journal entry is signed by all counsel of record in the case, or, the motion recites specifically that all counsel of record have been consulted, and that they agree to the relief granted in the proposed journal entry.
3. FINAL PRE-TRIAL CONFERENCE: A Pre-Trial Conference shall be held on the _day of __, 201_, at __. The parties must comply with Johnson County District Court Local Rule 13.
The parties shall include a final list of witnesses and exhibits, in the Pre-Trial Order.
Along with the designation of expert witness, counsel must provide at least two dates that each identified expert is available to have his/her deposition taken within 30 days of the service of the expert designation.
C. Any motions in limine.
D. Deposition Designations of witnesses a party intends to play or read at trial in lieu of live testimony and the reason the offering party states the witness cannot testify live at trial.
A retained rebuttal expert’s prepared written report must accompany the designation, but the designation may refer to and incorporate a report containing the specified information.
Court's wording
In addition to the designation, if the expert witness is a “retained” expert pursuant to K.S.A. 226(b)(6)(B) and he/she has prepared a written report, such report must be provided along with the designation. If the written report contains the information contemplated by K.S.A. 60-226(b)(6)(A) &/or (B), the designation for that expert may simply refer to and incorporate the written report.
The final witness and exhibit list must be specific; catch-all descriptions are insufficient and may be struck.
Court's wording
The final witness and exhibit list must be specific (catch-all phrases like any witness identified during the course of discovery or any and all documents produced in response to a request for production of documents is not sufficient and may be struck).
This pretrial order should be jointly prepared by all parties. If one party does not participate, the participating party should submit this with the non-participating parties’ contentions blank. All parties and counsel are expected to cooperate in the preparation of the pretrial order.
Petitioner’s final exhibit list is attached as Attachment Choose an item.. Respondent’s final exhibit list is attached as Attachment Choose an item..
Include
- •Exhibit list
If the parties are submitting a proposed order that contains language upon which the parties are unable to agree, the Pre-Trial order should clearly reflect both parties’ contentions.
This template is just that, a template. Counsel are not required to use this form, but any proposed pretrial order must cover all of the matters referenced in it. Clearly inapplicable sections may be deleted.
Additional release of information will be obtained for private providers when needed to track client treatment progress.
Known, reasonably anticipated witnesses and known exhibits omitted from the preliminary lists may be excluded at trial.
Court's wording
Any witness known to a party as of this deadline who may be reasonably anticipated to be called as a witness and who is not listed may be excluded at trial. Similarly, exhibits that are not listed that are known to a party as of this deadline may be excluded at trial.
You do not, however, need to complete the section setting the trial date. That will be filled in at the pretrial conference.
Filing & Service rules
Electronic Filing Rules
Parties must submit a Pretrial Order through the electronic queue at least two days before a Pretrial Conference.
Parties are to submit a Pretrial Order in the electronic queue at least two days prior to any Pretrial Conference.
Page 1 | C. PRETRIAL CONFERENCES
A motion requesting a Nunc Pro Tunc Order must include a proposed order placed in the Judge’s electronic queue when the motion is filed.
All motions requesting a Nunc Pro Tunc Order must have a proposed Nunc Pro Tunc Order placed in the Judge’s electronic queue at the time of filing.
Page 2 | E. NUNC PRO TUNC ORDERS
Filing Timing and Cure Windows
The Pretrial Order must be submitted at least two days before the Pretrial Conference.
Parties are to submit a Pretrial Order in the electronic queue at least two days prior to any Pretrial Conference.
Page 1 | C. PRETRIAL CONFERENCES
The proposed Nunc Pro Tunc Order must be placed in the Judge’s electronic queue at the time the motion is filed.
All motions requesting a Nunc Pro Tunc Order must have a proposed Nunc Pro Tunc Order placed in the Judge’s electronic queue at the time of filing.
Page 2 | E. NUNC PRO TUNC ORDERS
If the parties submit a completed CMO 48 hours before the conference, they need not appear at the docket, which will be cancelled.
If the parties submit a completed Case Management Order (CMO) 48 hours prior to the conference, they do not need to appear at the docket and it will be cancelled.
Page 2 | F. Case Management Conferences
The Notice of Intent to Call Minor Child as a Witness must be filed at least 14 days before the hearing.
The notice must be filed at least 14 days prior to the hearing date
Page 2 | D. MINOR CHILD TESTIMONY
Any motion in limine must be submitted no later than 21 days before the Final Argument Conference.
The parties shall submit any motion in limine on or before (21 days prior to Final Argument Conference date).
Civil cases
Page 1 | Pending Motions or Motions Expected to be Filed Prior to Trial
Joint stipulated jury instructions and any requested additional instructions that are not agreed upon must be filed by 21 days before the Final Argument Conference.
The parties shall file all joint stipulated jury instructions by (21 days prior to the Final Argument Conference date). If a party requests additional jury instructions that are not agreed to, they shall also be filed by (21 days prior to the Final Argument Conference date)
Civil cases
Page 1 | Pending Motions or Motions Expected to be Filed Prior to Trial
The draft order must be emailed to the Court in MS Word format at least 48 hours before the scheduled pretrial conference.
The draft order must be submitted to the Court, by email, in MS Word format no later than 48 hours prior to the scheduled pretrial conference.
Civil cases
Page 1 | INSTRUCTIONS FOR PREPARATION
Responses to motions in limine must be filed no later than seven days before the Final Argument Conference.
Responses shall be filed on or before (7 days prior to Final Argument Conference date)
Civil cases
Page 1 | Pending Motions or Motions Expected to be Filed Prior to Trial
Any response, counter-designation, or objection to a deposition designation must be filed by seven days before the Final Argument Conference.
Any response, counter-designation or objection shall be filed by (7 days prior to Final Argument Conference date).
Civil cases
Page 1 | Pending Motions or Motions Expected to be Filed Prior to Trial
Documents required to be filed with the Court Clerk must be filed at least two business days before the scheduled pretrial conference.
All documents required to be filed with the Court Clerk must likewise be filed two business days prior to the scheduled pretrial conference.
Civil cases
Page 1 | INSTRUCTIONS FOR PREPARATION
If ordered, trial briefs or proposed findings of fact and conclusions of law must be delivered to the Court seven days before trial.
If ordered, Trial Briefs or Proposed Findings of Fact and Conclusions of Law shall be delivered to the Court, with copies to all opposing counsel or unrepresented parties, seven days prior to trial.
Civil cases
Page 1 | Trial.
The deposition designation and its basis or reason must be filed by 21 days before the Final Argument Conference.
Any party wishing to submit a deposition in lieu of live testimony shall file the deposition designation, and basis or reason for why the deposition will be used in lieu of live testimony on or before (21 days prior to Final Argument Conference date).
Civil cases
Page 1 | Pending Motions or Motions Expected to be Filed Prior to Trial
Responses to motions in limine must be submitted one week before the argument hearing.
Responses to motions in limine shall be submitted one week before the argument hearing.
Civil cases
Page 1 | JURY TRIAL PREPARATION MEETING/FINAL ARGUMENT HEARING
The parties must submit the specified trial-preparation materials to the Court 21 days before the final hearing.
21 days prior to this hearing, the parties will submit the following to the Court:
Civil cases
Page 1 | JURY TRIAL PREPARATION MEETING/FINAL ARGUMENT HEARING
An objection to the form of another party’s expert designation must be filed within 10 days after receipt.
Any party who has an objection to the form of another party’s expert designation, must file such objection with the Court within ten (10) days of receipt of such expert designation.
Civil cases
Page 1 | EXPERT WITNESSES
The ordinary amendment deadline does not apply to a motion asserting punitive damages, which must be filed before the pretrial conference.
This deadline does not apply to a motion to amend the pleadings to assert a claim for punitive damages. Any such motion must be filed prior to the Pre-Trial Conference pursuant to K.S.A. 60-3703.
Civil cases
Page 1 | MOTIONS TO AMEND
Dispositive motions must be filed by the date specified in the order.
Any dispositive motion must be filed no later than the ___ day of ________________, 20__.
Civil cases
Page 1 | MOTIONS—Dispositive Motions
A motion to compel discovery must be filed within 45 days of the relevant default or service of the response, answer, or objection.
Any motion to compel discovery must be filed within 45 days of the default, service of response answer or objection that is the subject of the motion.
Civil cases
Page 1 | MOTIONS—Motions To Compel Discovery
A motion to amend will not be granted after the specified deadline unless the parties agree or the Court grants leave.
Absent agreement of the parties or leave of court, no such motions will be granted after this date.
Civil cases
Page 1 | MOTIONS TO AMEND
The parties must file and serve a preliminary witness and exhibit list on all other parties by the specified date.
The parties shall file and serve on all other parties, a preliminary list of witnesses and exhibits on or before the ____ day of __________________, 201__.
Civil cases
Page 1 | PRELIMINARY WITNESS AND EXHIBIT LIST
Motions to amend the pleadings must be filed by the date specified in the order.
Any motions to amend the pleadings must be filed on or before the ___ day of ________________, 20____.
Civil cases
Page 1 | MOTIONS TO AMEND
If no deadline is clearly set by statute or Kansas Supreme Court Rule, a response is due 14 calendar days after service of the motion or filing.
If a motion is filed or a filing requesting court action is filed, and neither the Kansas Statutes, nor the Kansas Supreme Court Rules clearly set forth a deadline for a response to such motion, the deadline shall be 14 calendar days after service of the motion or filing.
Civil cases
Page 1 | MOTIONS—Other motions or requests from the court
Dispositive motions must be resolved before the pretrial conference.
The dispositive motion needs to be resolved prior to the Pre-Trial Conference.
Civil cases
Page 1 | MOTIONS—Dispositive Motions
All discovery must be completed by the date specified as the close of discovery.
All discovery in this case shall be completed on or before the ___ day of _________________, 201__. This deadline is the CLOSE of discovery.
Civil cases
Page 1 | DISCOVERY DEADLINE
Meaning that any motion to compel must be filed by this date.
Meaning that any motion to compel must be filed by this date.
Civil cases
Page 1 | DISCOVERY DEADLINE
A motion challenging expert qualification or admissibility must be filed and set for hearing within 30 days after the expert’s deposition or before discovery closes, whichever is sooner.
Any party that wishes to move to determine whether a witness qualifies as an expert and/or whether or not the proposed expert’s testimony satisfies the requirements of K.S.A. 60-456(b), as amended, shall file a motion and set the matter for hearing on a date within thirty (30) days after the date of the expert’s deposition or before the close of discovery, whichever is sooner.
Civil cases
Page 1 | EXPERT WITNESSES
Any Order (including Orders to Withdraw) submitted in the electronic queue more than 3 days prior to the non-appearance hearing may be rejected and will need to be refiled.
Any Order (including Orders to Withdraw) submitted in the electronic queue more than 3 days prior to the non-appearance hearing may be rejected and will need to be refiled.
Page 1 | B. JUDGE’S E-QUEUE
A request to present paper or tangible exhibits must be made before trial.
Request for paper or tangible exhibit presentation must be made prior to trial.
Civil cases
Page 1 | Exhibits.
The party should allow the Court sufficient time to rule on an expert motion before the pretrial conference.
The party should allow sufficient time for the court to rule on the motion before the pretrial conference.
Civil cases
Page 1 | EXPERT WITNESSES
An untimely objection to the form of an expert designation may be waived.
If the objection is not timely filed, it may be waived.
Civil cases
Page 1 | EXPERT WITNESSES
A late motion challenging an expert’s qualifications may be deemed a waiver of the challenge.
Failure to timely file the motion, pursuant to K.S.A. 60- 457(b) as amended, may be deemed a waiver of the challenge to an expert’s qualifications.
Civil cases
Page 1 | EXPERT WITNESSES
A referral may be submitted at any point in the defendant’s legal process.
A referral to the Behavioral Health Court may be submitted at any point in the defendant's legal process.
Criminal cases
Page 11 | Application and Referral Process
Service and Proof of Service Rules
Petitioner’s counsel must forward the proposed joint Order to Respondent’s counsel at least seven days before the hearing.
Petitioner’s counsel is to prepare a proposed joint Order and forward it to Respondent’s counsel at least 7 days prior to the hearing.
Page 2 | C. PRETRIAL CONFERENCES
If trial briefs or proposed findings are ordered, copies must be provided to all opposing counsel or unrepresented parties.
If ordered, Trial Briefs or Proposed Findings of Fact and Conclusions of Law shall be delivered to the Court, with copies to all opposing counsel or unrepresented parties, seven days prior to trial.
Civil cases
Page 1 | Trial.
Trial exhibits and the final exhibit list must be marked and exchanged ten days before trial.
All trial exhibits, together with a final exhibit list, will be marked and exchanged ten days prior to trial.
Civil cases
Page 1 | Exhibits.
The preliminary witness and exhibit list must be served on all other parties by the specified date.
The parties shall file and serve on all other parties, a preliminary list of witnesses and exhibits on or before the ____ day of __________________, 201__.
Civil cases
Page 1 | PRELIMINARY WITNESS AND EXHIBIT LIST
The party scheduling an oral-argument hearing must send written notice of the hearing to all other parties.
Such party must then send written notice of the hearing to all other parties.
Civil cases
Page 1 | MOTIONS—Scheduling motions
Written discovery may not be served after the specified date unless the parties agree and the Court approves their agreement.
No written discovery may be served by any party after the ____ day of _______________, 201___ [Counsel, it is recommended that this date be at least 45 days prior to the close of discovery], absent agreement of the parties AND an order approving the agreement from this Court.
Civil cases
Page 1 | DISCOVERY DEADLINE
Courtesy Copy Requirements
Counsel are advised that if there is an expectation of review by the Judge prior to a hearing date (such as a motion to continue), a chambers copy must be provided. Electronic delivery is preferred.
Counsel are advised that if there is an expectation of review by the Judge prior to a hearing date (such as a motion to continue), a chambers copy must be provided. Electronic delivery is preferred.
Page 1 | A. MOTIONS
Pre-Motion Conference Requirements
Absent leave of court, a motion must be filed with the clerk before it can be scheduled on the docket.
Absent leave of court, a motion will not be scheduled on the docket until it has been filed with the clerk.
Page 1 | A. MOTIONS
After filing a Motion to Compel, counsel must schedule a conference call with the court about placing it on a motion hearing docket.
After a Motion to Compel has been filed, counsel must schedule a conference call with the court to discuss the motion being placed on a motion hearing docket.
Page 1 | A. MOTIONS
The parties must participate in a settlement conference or mediation before the pretrial conference.
The parties shall participate in a settlement conference/mediation prior to the Pre-Trial Conference.
Civil cases
Page 1 | SETTLEMENT CONFERENCE
Failure to participate in a settlement conference or mediation before the pretrial conference may result in dismissal, a trial continuance, or other sanctions.
Failure to participate in a settlement conference/mediation prior to the Pre-Trial Conference may result in a dismissal of the case, a dismissal of a parties’ claims or defenses, continuance of the trial date, or other sanctions to be determined by the Court.
Civil cases
Page 1 | SETTLEMENT CONFERENCE
The parties may choose a district court judge, retired district court judge, or mutually agreed mediator; if they cannot agree, the Court will appoint a mediator.
The parties may schedule a settlement conference/mediation with any other district court judge, any retired district court judge, or any other mediator who may be agreed upon by the parties. If the parties cannot agree upon a mediator, the Court will appoint one.
Civil cases
Page 1 | SETTLEMENT CONFERENCE
Adjournment & Extension Requirements
A motion to extend the deadline for amending pleadings must be filed before that deadline.
Any motion to extend this deadline must be filed prior to this deadline.
Civil cases
Page 1 | MOTIONS TO AMEND
Chambers Communication Rules
If an order is not agreed, contact Division 6 to schedule a hearing.
If the order is not agreed, contact Division 6 to schedule a hearing.
Page 1 | B. JUDGE’S E-QUEUE
Parties must clear motions with Division 6 and identify them in the notice of hearing; counsel may not add motions to an existing hearing without court approval.
Parties must clear the specific motions with Division 6 and indicate the motions to be heard in the notice of hearing. Counsel are not allowed to simply add on motions to a hearing date that is already set without court approval.
Page 1 | A. MOTIONS
Parties must obtain a trial date and final pretrial conference date from Division 6 before submitting the proposed CMO.
YOU WILL NEED TO OBTAIN A TRIAL DATE AND FINAL PRETRIAL CONFERENCE DATE FROM DIVISION 6 PRIOR TO SUBMITTING YOUR PROPOSED CMO.
Page 2 | F. Case Management Conferences
A party seeking to present a minor child’s testimony must schedule a conference call with the court for the considerations required by Local Rule 19.
Any party who desires to call a minor child to testify, or desires to admit child testimony in some other form, in any proceeding, must file a Notice of Intent to Call Minor Child as a Witness, pursuant to Local Rule 19. The notice must be filed at least 14 days prior to the hearing date and a conference call must be scheduled for the court to make the proper considerations as required by Local Rule 19.
Page 2 | D. MINOR CHILD TESTIMONY
If oral argument is requested, the moving party must immediately contact Division 6 to request a hearing date after filing a dispositive motion.
Once a dispositive motion is filed, the moving party shall contact Div. 6 immediately to request a hearing date if oral argument is requested.
Civil cases
Page 1 | MOTIONS—Dispositive Motions
The parties are mutually responsible for contacting the Court to schedule a hearing on an objection to an expert designation.
The parties are mutually responsible for contacting the Court to set a hearing on the objection.
Civil cases
Page 1 | EXPERT WITNESSES
If the parties cannot agree on an expert deposition date within 30 days after service of the designation, counsel must contact the Court for a conference call to set the date.
If for some reason, the parties cannot agree upon a date for the deposition of an expert witness within 30 days of the service of the expert designation, counsel must contact Court for a conference call to set a deposition date for the expert witness.
Civil cases
Page 1 | EXPERT WITNESSES
A party seeking oral argument on a motion must contact the Division 6 Administrative Assistant to schedule a hearing.
Any party who desires a hearing for oral argument on any motion filed is responsible for contacting the Administrative Assistant for Division 6 to schedule such hearing.
Civil cases
Page 1 | MOTIONS—Scheduling motions
Do not email Division 6 to obtain trial dates during the 48 hours before the scheduled CMC hearing.
Do not email Division 6 and attempt to obtain trial dates in the 48 hours prior to your schedule CMC hearing.
Page 2 | F. Case Management Conferences
Parties must obtain confirmation from Division 6 that the CMO was accepted and the case removed from the docket.
Please obtain confirmation from Division 6 that the CMO was accepted and your case was removed from the docket.
Page 2 | F. Case Management Conferences