Johnson County District Court Document Filing Requirements

CRITICAL

Applies to

Pretrial order

A joint Pretrial Order must be submitted in every case tried to the Court unless the Court orders otherwise.

One (1) joint Pretrial Order is required to be submitted in all cases tried to the Court, unless the Court orders otherwise.

CRITICAL

Applies to

Filed papers

Signature blocks on all filed papers must include the signer’s email address.

NOTICE: KSA 60-211 requires that signature blocks on all filed papers include the signer’s e-mail address.

CRITICALCivil cases

Applies to

Pretrial order

A witness not listed as required by the order may not testify absent leave of Court.

Witnesses not listed as required by this order shall not be permitted to testify absent leave of Court.

CRITICAL

Applies to

Motion

Must include

certificate of conference

The moving party on a motion to compel must certify a good-faith effort to confer or attempt to confer; one letter, email, or phone call alone is insufficient.

Parties are reminded that K.S.A. 60-237 will be strictly applied. Motions to compel require the moving party to certify that they have made a good faith effort to resolve the dispute by conferring or attempting to confer with the party who has not provided the discovery items. Sending one letter or email, or making one phone call, does not constitute the required effort.

CRITICAL

Applies to

Entry of appearance

The petitioner must file an Entry of Appearance onto the case.

Petitioner is to file an Entry of Appearance onto the Case.

CRITICALCivil cases

Applies to

Pretrial order

The Respondent must list all currently known fact witnesses intended for its trial case-in-chief; unlisted witnesses may not testify absent leave, but rebuttal- or impeachment-only witnesses need not be listed.

Respondent lists (all currently-known) fact witnesses that it may use for its case-in-chief at 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.

CRITICALCivil cases

Applies to

Temporary restraining order

Requests for temporary restraining orders must use Domestic Form 1, alone or with Domestic Form 2 or 3, unless a judge approves a different form.

Parties requesting temporary restraining orders, ex parte or otherwise, shall use Domestic Form 1, separately or combined with Domestic Forms 2 or 3, unless a judge has specifically approved a different form.

CRITICAL

Applies to

Parentage case submission

For a parentage case, submit the listed signed order, parenting and support documents, affidavit, and Parents Forever attendance proof; submit the property documents if property is involved.

- a. an order signed by both attorneys of record; - b. an agreed parenting plan; - c. an agreed child support worksheet; - d. a current, signed, fully completed, Domestic Relations Affidavit; - e. a signed property settlement agreement (if property is involved); - f. a spreadsheet of assets and liabilities (division of net worth) (if property involved); and - g. proof of Parents Forever attendance for both parents.

CRITICAL

Applies to

Proposed parenting plan

The petitioner must complete and file a Proposed Parenting Plan.

Petitioner will need to complete and file a Proposed Parenting Plan.

CRITICALCivil cases

Applies to

Civil cover sheet

Failure to complete the civil cover sheet may result in automatic rejection of proposed ex parte orders.

Failure to complete the civil cover sheet may cause proposed ex parte orders to be automatically rejected.

CRITICAL

Applies to

Case submission

The covered cases may be approved without a hearing or party appearance only if the required materials are submitted to the Court.

These cases may be approved by the Court without a hearing or appearance by the parties provided that the following is submitted to the Court:

CRITICALCivil cases

Applies to

Agreed order

If the parties stipulate to expedited trial procedures, they must file a separate agreed order before trial.

The parties [do or do not] stipulate to the use of expedited trial procedures. If yes, a separate agreed order for the procedure to be used will be filed before trial.

CRITICALCivil cases

Applies to

Jury instructions

Two weeks before the final trial conference, the plaintiff must submit stipulated jury instructions and each party must submit its requested non-stipulated instructions.

Two weeks prior to the final trial conference, the parties will submit the following to the Court: A. The plaintiff shall provide to the Court all stipulated jury instructions. B. Each party shall provide to the Court any jury instructions requested by that party that are not stipulated.

CRITICALCivil cases

Applies to

Expert designation

An affirmative-claim expert designation must identify each expert’s name and business address and state the expected subject matter, facts and opinions, and grounds for each opinion when the expert is retained or specially employed.

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, and --the substance (i.e., the essential aspects and details) of both the facts and opinions to which the expert is expected to testify and, if retained or specially employed, a summary of the grounds for each opinion.

CRITICALCivil cases

Applies to

Witness list

Each party’s witness list must include full names and addresses; unlisted witnesses may not testify absent leave of court, except witnesses called solely for rebuttal or impeachment need not be listed.

Petitioner’s witness list (with full name and address) is filed as Document [insert DOC #]. 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 witness list (with full name and address) is filed as Document [insert DOC #]. 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. Guardian ad Litem / Intervener / Third Party witness list (with full name and address) is filed as Document [insert DOC #]. 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.

CRITICALCivil cases

Applies to

Proposed ex parte order

Counsel submitting a proposed ex parte order with substantial changes to a Court-approved form must explain each change and state good cause for it.

When submitting proposed ex parte orders that include substantial modifications to the Court-approved forms, counsel must explain the proposed changes stating good cause for each change.

CRITICALCivil cases

Applies to

Domestic relations affidavit

An unsigned Domestic Relations Affidavit is not acceptable.

An unsigned DRA is not acceptable.

CRITICALCivil cases

Applies to

Child support worksheet

Provide a proposed child support worksheet in a modifiable format; users of Bradley Software must send its native file seven days before trial.

A proposed child support worksheet in a modifiable format. If the party uses the Bradley Software program, the native Bradley Software file must be sent seven (7) days prior to trial.

CRITICAL

Applies to

Pretrial order

Cases tried to the Court require one joint Pretrial Order unless the Court orders otherwise.

One (1) joint Pretrial Order is required to be submitted in all cases tried to the Court, unless the Court orders otherwise.

CRITICALCivil cases

Applies to

Expert disclosure

All expert disclosures must be filed with the Court through the clerk’s office; filing only a certificate of service is insufficient.

The Court requires that all expert disclosures be filed with the Court through the clerk’s office—not just the filing of a certificate of service demonstrating service of those disclosures.

CRITICALCivil cases

Applies to

Expert designation

Additionally, if the designating party herein intends to identify a treating physician as an “expert” and the witness will offer opinions outside of his/her own treatment (such as, for example, offering standard-of-care opinions, causation opinions, medical-bill opinions, or any other testimony/opinions that are derived from or based upon data outside of his/her own direct care), then the designation needs to include all information set forth above, as it relates to “retained or specially employed” experts.

Additionally, if the designating party herein intends to identify a treating physician as an “expert” and the witness will offer opinions outside of his/her own treatment (such as, for example, offering standard-of-care opinions, causation opinions, medical-bill opinions, or any other testimony/opinions that are derived from or based upon data outside of his/her own direct care), then the designation needs to include all information set forth above, as it relates to “retained or specially employed” experts.

CRITICALCivil cases

Applies to

Pretrial order

Final witness and exhibit lists must be specific; catch-all descriptions are insufficient and will be stricken.

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 will be stricken).

CRITICALCivil cases

Applies to

Pretrial order

The Pre-Trial Order must include the parties’ final witness and exhibit lists.

The parties shall include a final list of witnesses and exhibits, in the Pre-Trial Order.

CRITICAL

Applies to

Filed papers

All filed papers must include the signer’s e-mail address in the signature block.

NOTICE: KSA 60-211 requires that signature blocks on all filed papers include the signer’s e-mail address.

CRITICALCivil cases

Applies to

Pretrial order

Documents required to be filed with the Court Clerk must be identified in the pretrial order by JIMS document number.

All documents required to be filed with the Court Clerk must likewise be filed two court days prior to the scheduled pretrial conference and identified in the Pretrial Order by JIMS document number.

CRITICALCivil cases

Applies to

Exhibits

Exhibits not listed, marked, and exchanged as required may not be received into evidence without leave of court.

Exhibits not listed, marked, and exchanged as required by this order, shall not be received into evidence absent leave of Court.

CRITICALCivil cases

Applies to

Dispositive motion and response

Dispositive motions and their responses must comply with Kansas Supreme Court Rule 141 or they will not be considered.

Such motion and any response thereto, must be in compliance with Kansas Supreme Court Rule 141, or it will not be considered.

CRITICAL

Applies to

Proposed order

Proposed orders will be rejected if all required documentation is not provided.

Failure to provide all the required documentation will result in the rejection of proposed orders.

CRITICAL

Applies to

Emergency motion

An ex parte emergency hearing requires a verified motion to be filed beforehand.

A verified motion must be filed prior to the Court conducting any ex parte emergency hearing.

CRITICAL

Applies to

Domestic relations affidavit

If one or both parties are unrepresented, both parties must complete a Domestic Relations Affidavit.

i. If one or both parties are unrepresented, both parties must complete a Domestic Relations Affidavit.

CRITICALCivil cases

Applies to

Expert designation

With an expert designation, counsel must provide at least two available deposition dates for each retained or specially employed expert within 30 days after service of the designation.

Along with the designation of expert witnesses, counsel must provide at least two dates that each identified “retained or specially employed” expert is available to have his/her deposition taken within 30 days of the service of the expert designation.

CRITICALCivil cases

Applies to

Shared expense plan

The shared expense plan must be filed with a child support worksheet and an order approving both.

This plan must be filed with a child support worksheet and an order approving the child support worksheet and shared expense plan.

CRITICALCivil cases

Applies to

Motion to compel

A motion to compel must describe in detail the communications or attempted communications to resolve the dispute before filing and state the date of the required conference call.

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 referenced above.

CRITICALCivil cases

Applies to

Proposed temporary order

Proposed temporary orders must comply with Local Rule 25 and use Court-approved forms; using an unapproved form risks immediate rejection.

All proposed temporary orders must comply with Local Rule 25. Please use the Court- approved forms. Failure to use the approved form risks immediate rejection.

CRITICALCivil cases

Applies to

Domestic relations affidavit

If spousal maintenance is at issue, each party must complete and file an updated Domestic Relations Affidavit signed no earlier than seven days before the pretrial conference.

If spousal maintenance is an issue for trial, each party must complete and file an updated Domestic Relations Affidavit signed no earlier than seven days prior to the pre-trial conference.

CRITICAL

Applies to

Decree of divorce

A Decree of Divorce submission must include each of the listed documents and proof.

1. For a Decree of Divorce: a. a decree signed by both attorneys of record; b. a signed property settlement agreement; c. an agreed parenting plan; d. an agreed child support worksheet; e. a current, signed, fully completed, Domestic Relations Affidavit; f. a spreadsheet of assets and liabilities (division of net worth); and g. proof of Parents Forever for both parents.

CRITICAL

Applies to

Dispute summary

The parties must email a dispute summary of less than one page to the Division 11 Administrative Assistant at least 24 hours before the preliminary informal call.

Parties are required to forward a summary of the dispute of less than one page by email to the Division 11 Administrative Assistant at least 24 hours prior to the scheduled preliminary informal call.

CRITICALCivil cases

Applies to

Expert designation

A prepared report by a retained or specially employed expert must accompany the designation; the designation may incorporate the report if it contains the required information, otherwise it must state that information expressly.

In addition to the designation, if the expert witness is a “retained or specially employed” 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. If not, then the designation must expressly contain all required information, as described in the rule.

CRITICAL

Applies to

Parentage case order

A Parentage case submission must include each listed document, with the property documents required if property is involved.

2. For a Parentage case: a. an order signed by both attorneys of record; b. an agreed parenting plan; c. an agreed child support worksheet; d. a current, signed, fully completed, Domestic Relations Affidavit; e. a signed property settlement agreement (if property is involved); f. a spreadsheet of assets and liabilities (division of net worth) (if property involved); and g. proof of Parents Forever attendance for both parents.

CRITICALCivil cases

Applies to

Case management order

Remove the instruction page before filing the CMO.

Please Remove this Instruction Page before Filing

CRITICALCivil cases

Applies to

Case management order

The parties must use the provided CMO form.

Use the CMO form provided.

CRITICALCivil cases

Applies to

Motion in limine

Motions in limine must be submitted to the Court two weeks before the final trial conference.

C. Any motions in limine.

CRITICAL

Applies to

Pretrial order

If asset and debt division is at issue for trial, counsel must submit one joint spreadsheet of assets and liabilities with the Pretrial Order.

If asset and debt division is an issue for trial, counsel must also submit one joint spreadsheet of assets and liabilities to the Pretrial Order.

CRITICALCivil cases

Applies to

Parenting plan

If the parties disagree on the parenting plan, they must jointly submit one Word-format plan with disagreements shown in the assigned font colors seven days before trial; failure may result in a continuance.

If the parties are not in agreement on the parenting plan, the parties will work together to submit one (1) parenting plan to the Court seven (7) days prior to trial in Word format, wherein the areas of disagreement will be noted in their assigned font color. Failure to submit this parenting plan to the Court may result in a continuance of the final trial.

CRITICALCivil cases

Applies to

Expert designation

A treating physician designated by a party with an affirmative claim must receive the retained-expert disclosures if the physician will offer opinions beyond the physician’s own treatment.

Additionally, if the party with an affirmative claim intends to identify a treating physician as an “expert” and the witness will offer opinions outside of his/her own treatment (such as, for example, offering standard-of-care opinions causation opinions, medical-bill opinions, or any other testimony/opinions that are derived from or based upon data outside of his/her own care), then the designation needs to include all information set forth above, as it relates to “retained or specially employed” experts.

CRITICALCivil cases

Applies to

Deposition designations

Deposition designations must be submitted to the Court two weeks before the final trial conference.

D. Any deposition designations.

CRITICALCivil cases

Applies to

Pretrial order

Fill in all blanks, use “N/A” or “None” for inapplicable text-box issues, and leave the trial-date section blank for completion at the conference.

All blanks must be filled in. If the issue to be discussed in the text box is not applicable, simply state “N/A” or “None.” Text boxes are in green so to be noticeable. You do not, however, need to complete the section setting the trial date. That will be filled in at the pretrial conference.

CRITICALCivil cases

Applies to

Motion

A motion other than the listed exceptions must state counsel’s consultation attempts, their results, and whether opposing counsel agrees to the requested relief.

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.

CRITICALCivil cases

Applies to

Ex parte support order request

Requests for ex parte support orders must include a Domestic Relations Affidavit and a Child Support Worksheet.

Requests for ex parte orders of support must be accompanied by a Domestic Relations Affidavit and a Child Support Worksheet.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

The moving party on a motion to compel must certify a good-faith effort to resolve the discovery dispute by conferring or attempting to confer.

Motions to compel require the moving party to certify that they have made a good-faith effort to resolve the dispute by conferring or attempting to confer with the party who has not provided the discovery items.