Johnson County District Court Document Filing Requirements

CRITICALCivil cases

Applies to

Pretrial order

The Respondent should list fact witnesses; unlisted witnesses generally may not testify without leave of court, but rebuttal- or impeachment-only witnesses need not be listed.

Respondent lists 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:

CRITICALCivil cases

Applies to

Motion to compel

A motion to compel must describe the dispute-resolution communications, identify the numbered discovery requests, and state the date of the referenced 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. All motions must recite with particularity and the numbered discovery requests at issue. The motion must also recite the date of the conference call above-referenced.

CRITICALCivil cases

Applies to

Domestic relations affidavit

If spousal maintenance is at issue, each party must file a current Domestic Relations Affidavit at the pretrial conference, signed within the preceding seven days.

Since spousal maintenance is an issue for trial, each party has filed a current Domestic Relations Affidavit (Signed within seven days prior to the pre-trial conference) at the time of the pre-trial conference.

CRITICAL

Applies to

Case management order

The Case Management Order submitted to obtain cancellation of the docket must be completed.

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.

CRITICALCriminal cases

Applies to

Referral

A completed Johnson County Specialty Court referral form and release of information should be submitted by email to treatmentcourts@jocogov.org

A completed Johnson County Specialty Court referral form and release of information should be submitted by email to treatmentcourts@jocogov.org

CRITICALCivil cases

Applies to

Deposition designation

A party seeking to use a deposition instead of live testimony must file the designation and the basis or reason for using it 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).

CRITICAL

Applies to

Notice of hearing

A notice of hearing must identify the specific motions to be heard.

Parties must clear the specific motions with Division 6 and indicate the motions to be heard in the notice of hearing.

CRITICALCivil cases

Applies to

Motion practice

The parties must comply with Johnson County District Court Local Rule 8.

The parties must comply with Johnson County District Court Local Rule 8.

CRITICALCivil cases

Applies to

Dispositive motion and response

Dispositive motions and 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

Order

Submitted orders must bear the signatures of all counsel or self-represented parties.

All submitted orders need to have the signatures of all counsel or self-represented parties.

CRITICALCivil cases

Applies to

Pretrial order

Respondent should list each fact witness’s full name and address; unlisted witnesses may not testify absent leave of Court, except rebuttal- or impeachment-only witnesses need not be listed.

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.

CRITICALCivil cases

Applies to

Jury instructions

Each party must provide the Court with any additional jury instructions it requests that are not stipulated.

B. Each party shall provide to the Court any additional jury instructions requested by that party that are not stipulated.

CRITICALCivil cases

Applies to

Expert designation

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.

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.

CRITICALCivil cases

Applies to

Expert designation

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.

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.

CRITICALCivil cases

Applies to

Discovery motion

A motion to compel must describe in particularity the efforts to resolve the dispute and state the date of the referenced 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 above-referenced.

CRITICALCivil cases

Applies to

Jury instructions

The plaintiff must provide the Court with all stipulated jury instructions.

A. The plaintiff shall provide to the Court all stipulated jury instructions.

CRITICALCriminal cases

Applies to

Signed BHC Universal Release of Information

Participants must submit a signed BHC Universal Release of Information authorizing exchange of protected health information among treatment team members and agencies.

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.

CRITICALCriminal cases

Applies to

Petition to transfer case

If the treatment team accepts a referral, an attorney or supervising officer will submit a petition to transfer the case to Behavioral Health Court.

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.

CRITICALCivil cases

Applies to

Motion

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.

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

Rebuttal expert designation

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.

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.

CRITICALCivil cases

Applies to

Proposed journal entry

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.

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.

CRITICALCivil cases

Applies to

Pretrial order

The proposed order must be submitted to Judge Wonnell’s e-queue.

The proposed order must be submitted to the e-queue of Judge Wonnell in WORD format.

CRITICALCivil cases

Applies to

Pretrial order

The draft order must be submitted by email to the Court.

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.

CRITICALCivil cases

Applies to

Pretrial conference

The parties must comply with Johnson County District Court Local Rule 13 for the final pretrial conference.

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.

CRITICALCivil cases

Applies to

Pretrial order

The parties must include a final witness and exhibit list in the Pre-Trial Order.

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

CRITICALCivil cases

Applies to

Expert designation

Counsel must provide at least two dates with each expert designation when the expert is available for deposition within 30 days after service of the designation.

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.

CRITICALCivil cases

Applies to

Motion in limine

The parties must submit any motions in limine to the Court.

C. Any motions in limine.

CRITICALCivil cases

Applies to

Pretrial order

Petitioner should list each fact witness’s full name and address; unlisted witnesses may not testify absent leave of Court, except rebuttal- or impeachment-only witnesses need not be listed.

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.

CRITICAL

Applies to

Notice of intent to call minor child as a witness

A party intending to call a minor child or offer the child’s testimony in another form must file a Notice of Intent to Call Minor Child as a Witness under 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.

CRITICALCivil cases

Applies to

Deposition designation

A party must submit deposition designations for witnesses it intends to present by deposition instead of live testimony and state why each witness cannot testify live.

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.

CRITICAL

Applies to

Proposed joint order

Petitioner’s counsel must prepare a proposed joint Order and forward it 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.

CRITICALCivil cases

Applies to

Rebuttal expert designation

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.

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.

CRITICAL

Applies to

Proposed nunc pro tunc order

If granted, a Nunc Pro Tunc motion must be accompanied by the entire new order, labeled “Nunc Pro Tunc Order” and containing the proposed changes; an order that only lists corrections and refers to the original will be rejected.

“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.

CRITICALCivil cases

Applies to

Pretrial order

The final witness and exhibit list must be specific; catch-all descriptions are insufficient and may be struck.

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).

CRITICALCivil cases

Applies to

Expert designation

Defense counsel must provide at least two dates when each expert is available for deposition within 30 days after service of the expert designation.

Along with the designation, counsel for defendant(s) must provide at least two dates that each expert is available to have his/her deposition taken within 30 days of the service of the expert designation.

CRITICALCivil cases

Applies to

Expert witness designation

Each expert-witness designation must identify each expert and provide the specified testimony, facts, opinions, and grounds.

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.

CRITICALCivil cases

Applies to

Motion

Except for the listed motions, a motion must state counsel’s efforts to consult opposing counsel, the results, and whether opposing counsel agrees with 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

Proposed order

A moving party may provide a proposed journal entry only if all counsel of record sign it or the motion states that all counsel were consulted and agree to its relief.

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.

CRITICALCivil cases

Applies to

Expert designation

An expert designation must identify the expert and provide the expected testimony, opinions, and grounds for each opinion.

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.

CRITICALCivil cases

Applies to

Expert witness designation

With the plaintiff’s expert designation, counsel must provide at least two available deposition dates for each expert within 30 days of service of the designation.

Along with the designation, counsel for plaintiff must provide at least two dates that each expert is available to have his/her deposition taken within 30 days of the service of the expert designation.

CRITICALCivil cases

Applies to

Dispositive motion and response

A dispositive motion and any response 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.

CRITICALCivil cases

Applies to

Expert witness designation

Each expert designation must identify each expert and state the expected testimony, opinions, facts, and grounds for those opinions.

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.

CRITICALCivil cases

Applies to

Expert designation

Defendant's counsel must provide at least two dates when each expert is available for deposition within 30 days after service of the designation.

Along with the designation, counsel for defendant(s) must provide at least two dates that each expert is available to have his/her deposition taken within 30 days of the service of the expert designation.

CRITICALCivil cases

Applies to

Preliminary witness and exhibit list

The parties must file and serve a preliminary witness and exhibit list by May 11, 2012.

The parties shall file and serve on all other parties, a preliminary list of witnesses and exhibits on or before the 11th day of May, 2012.

CRITICALCivil cases

Applies to

Proposed journal entry

A moving party may provide a proposed journal entry only if all counsel of record sign it or the motion states that all counsel were consulted and agree to the relief.

E. 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.

CRITICALCivil cases

Applies to

Preliminary witness and exhibit list

The parties must submit a preliminary list of witnesses and exhibits.

The parties shall file and serve on all other parties, a preliminary list of witnesses and exhibits on or before the 3rd day of August, 2012.

CRITICALCivil cases

Applies to

Discovery motion

A motion to compel must detail the communications or attempted communications to resolve the dispute and state the date of the required conference call, or it will not be considered.

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, or it will not be considered. The Motion must also recite the date of the conference call above-referenced.

CRITICALCivil cases

Applies to

Plaintiff expert witness designation

Along with the designation, counsel for plaintiff must provide at least two dates that each expert is available to have his/her deposition taken within 30 days of the service of the expert designation.

Along with the designation, counsel for plaintiff must provide at least two dates that each expert is available to have his/her deposition taken within 30 days of the service of the expert designation.

CRITICALCivil cases

Applies to

Expert designation

A treating physician must be designated as an expert if a party intends to elicit opinions about standard-of-care deviations, causation, or future events.

If any party wishes to call plaintiff’s treating physician(s) to render opinions regarding deviations from the standard of care, causation or future events (i.e. future medical treatment, future medical expenses, future disability, future pain and suffering, etc.,) such treating physician must be designated as an expert witness as provided in subparagraph A above.

CRITICALCivil cases

Applies to

Motion

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

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