Court Rules

Johnson County District Court Filing Timing and Cure Windows

201 rules from official source documents

Rules 151 to 200, page 4 of 5

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.

Filing deadlines

CRITICALCivil cases

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.

Judge Robert J. Wonnell

CRITICALCivil cases

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.

Judge Robert J. Wonnell

CRITICALCivil cases

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).

Judge Robert J. Wonnell

CRITICALCivil cases

Meaning that any motion to compel must be filed by this date.

Meaning that any motion to compel must be filed by this date.

Judge Robert J. Wonnell

CRITICAL

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.

Judge Robert J. Wonnell

CRITICALCivil cases

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.

Judge Robert J. Wonnell

CRITICAL

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

Judge Robert J. Wonnell

CRITICALCivil cases

The preliminary witness and exhibit list must be filed 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.

Judge Thomas M. Sutherland

CRITICALCivil cases

The parties must file a preliminary witness and exhibit list by August 3, 2012.

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.

Judge Thomas M. Sutherland

CRITICALCivil cases

A motion to compel discovery must be filed within 45 days of the relevant default, service of a response, answer, or objection, or it will not be considered.

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. If the motion is not filed within this time, the motion will not be considered.

Judge Thomas M. Sutherland

CRITICALCivil cases

The plaintiff must file an expert-witness designation by June 19, 2012.

The plaintiff must file and serve on all other parties, a designation of expert witnesses on or before the 19th day of June, 2012.

Judge Thomas M. Sutherland

CRITICALCivil cases

An objection to the form of an expert designation must be filed within 10 days of receipt or it is waived.

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. If the objection is not timely filed, it is waived.

Judge Thomas M. Sutherland

CRITICALCivil cases

An objection to the form of an expert designation must be filed within 10 days of receipt or it is waived.

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. If the objection is not timely filed, it is waived.

Judge Thomas M. Sutherland

CRITICALCivil cases

Deadline
14 calendar days

If no deadline is set by statute or Kansas Supreme Court Rule, a response to a motion is due 14 calendar days after service.

Other motions: If a motion 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.

Judge Thomas M. Sutherland

CRITICALCivil cases

Motions to amend pleadings or join parties must be filed by April 24, 2012, and will not be granted after that date absent party agreement.

Any motions to amend the pleadings and/or join parties must be filed on or before the 24th day of April, 2012. Absent agreement of the parties, no such motions will be granted after this date.

Judge Thomas M. Sutherland

CRITICALCivil cases

The defendants must file an expert-witness designation by August 3, 2012.

The defendants must file and serve on all other parties, a designation of expert witnesses on or before the 3rd day of August, 2012.

Judge Thomas M. Sutherland

CRITICALCivil cases

Deadline
14 calendar days

When no deadline is clearly provided by Kansas law or rules, a response to a motion is due 14 calendar days after service.

If a motion 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.

Judge Thomas M. Sutherland

CRITICALCivil cases

The defendant must file an expert-witness designation by April 10, 2012.

The defendant must file and serve on all other parties, a designation of expert witnesses on or before the 10th day of April, 2012.

Judge Thomas M. Sutherland

CRITICALCivil cases

Dispositive motions must be filed by September 14, 2012.

Any dispositive motion must be filed no later than the 14th day of September, 2012.

Judge Thomas M. Sutherland

CRITICALCivil cases

A motion to compel discovery must be filed within 45 days of the relevant default, service of response, answer, or objection, or it will not be considered.

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. If the motion is not filed within this time, the motion will not be considered.

Judge Thomas M. Sutherland

CRITICALCivil cases

Dispositive motions must be filed by May 1, 2012.

Any dispositive motion must be filed no later than the 1st day of May, 2012.

Judge Thomas M. Sutherland

CRITICALCivil cases

The plaintiff must file an expert-witness designation by February 20, 2012.

The plaintiff must file and serve on all other parties, a designation of expert witnesses on or before the 20th day of February, 2012.

Judge Thomas M. Sutherland

CRITICALCivil cases

Motions to amend the pleadings must be filed by May 4, 2012, and will not be granted after that date absent the parties’ agreement.

Any motions to amend the pleadings must be filed on or before the 4th day of May, 2012. Absent agreement of the parties, no such motions will be granted after this date.

Judge Thomas M. Sutherland

WARNING

Objections to jury instructions should be filed by the beginning of the trial (or as otherwise ordered by the Court).

Objections to jury instructions should be filed by the beginning of the trial (or as otherwise ordered by the Court).

Court-level rulesOfficial source

WARNINGCivil casesProposed or draft document; may not be in force

The hearing officer must summarily grant or deny a rehearing motion within 14 days after it is filed.

A motion for rehearing shall be summarily granted or denied by the hearing officerHearing Officer within 14 days of the filing of the motion.

Court-level rulesOfficial source

WARNINGCivil casesProposed or draft document; may not be in force

The requesting party or counsel must transmit the full transcript and all admitted exhibits to the District Court within 14 days after transcript completion.

The unrepresented party or counsel requesting review will transmit to the District Court the full transcript and all admitted exhibits within 14 days of the completion of the transcript.

Court-level rulesOfficial source

WARNINGCivil casesProposed or draft document; may not be in force

A motion to transfer a case to Chapter 60 procedures should be made no later than 10 days before trial.

Motions to transfer a case to Chapter 60 procedures should be made no later than 10 days prior to a trial date.

Court-level rulesOfficial source

WARNINGCivil casesProposed or draft document; may not be in force

A review motion will be dismissed for lack of prosecution if the transcript is not obtained on time.

If a transcript is not timely obtained, the motion will be dismissed for lack of prosecution pursuant to K.S.A. 60-241(b)(2).

Court-level rulesOfficial source

WARNING

If the parties cannot submit joint instructions, each party should submit proposed jury instructions one week before trial, unless the court orders otherwise.

If the parties are unable to submit instructions jointly, then each party should submit proposed jury instructions one week in advance of trial (or as otherwise ordered by the court).

Court-level rulesOfficial source

WARNINGCivil casesProposed or draft document; may not be in force

An order of the hearing officer following a hearing for which a transcript is available or for which an audio recording was made, after it is approved by a judge of the District Court and filed with the clerk, shall become a final judgment of the District Court unless a party requests a rehearing before the hearing officer.

An order of the hearing officer following a hearing for which a transcript is available or for which an audio recording was made, after it is approved by a judge of the District Court and filed with the clerk, shall become a final judgment of the District Court unless a party requests a rehearing before the hearing officer.

Court-level rulesOfficial source

WARNINGCivil casesProposed or draft document; may not be in force

Under this alternative, the parties will exchange and file their final witness lists by the date specified in the order.

The parties will exchange and file their final witness lists by no later than [date].

Court-level rulesOfficial source

WARNINGCivil casesProposed or draft document; may not be in force

Each party must provide the trustee updated information within 7 days after a change of name, address, or employment.

Each party shall provide updated information to the trustee within 7 days following a change of name, address, or employment.

Court-level rulesOfficial source

WARNINGCivil casesProposed or draft document; may not be in force

When the hearing was recorded, the party requesting review must request a transcript within 30 days after filing the review request.

If the hearing was recorded, counsel or the unrepresented party requesting review by the assigned District Court Judge will request a transcript of the hearing within thirty days of filing the request for review.

Court-level rulesOfficial source

WARNINGCivil casesProposed or draft document; may not be in force

A party need not appear, but may appear and object or file written objections with the Clerk before the hearing and send copies to the Judge and other parties.

No party is required to appear at a non-appearance hearing, however any party may appear and object to the motion, or may file written objections prior to the hearing with the Clerk of the Court and send copies to the Judge and other parties.

Court-level rulesOfficial source

WARNINGCivil casesProposed or draft document; may not be in force

If the parties cannot submit instructions jointly, each party should submit proposed jury instructions one week before trial, unless the court orders otherwise.

If the parties are unable to submit instructions jointly, then each party should submit proposed jury instructions one week in advance of trial (or as otherwise ordered by the court).

Court-level rulesOfficial source

WARNINGCivil casesProposed or draft document; may not be in force

Objections to jury instructions should be filed by the beginning of the trial. (or as otherwise ordered by the Court).

Objections to jury instructions should be filed by the beginning of the trial. (or as otherwise ordered by the Court).

Court-level rulesOfficial source

WARNING

A party need not appear at a non-appearance hearing, but may appear and object or file written objections with the Clerk before the hearing and send copies to the Judge and other parties.

No party is required to appear at a non-appearance hearing, however any party may appear and object to the motion, or may file written objections prior to the hearing with the Clerk of the Court and send copies to the Judge and other parties.

Court-level rulesOfficial source

WARNINGCivil cases

The moving party should allow enough time for the Court 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.

Judge Jacquelyn E. Rokusek

WARNING

Deadline
24 hours

Exhibits should be emailed to the judge’s assistant at least 24 hours before the hearing, unless the judge grants a different time.

All exhibits should be emailed to the Judge’s Assistant at least 24 hours prior to the hearing, unless an otherwise specified time is granted by the Judge.

Judge Jacquelyn E. Rokusek

WARNINGCivil cases

If the parties stipulate to expedited trial procedures, file the 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.

Judge Jacquelyn E. Rokusek

WARNINGCivil cases

Failure to notify the Court within 30 days after the briefing period expires may result in the motion’s arguments being deemed abandoned.

Failure to provide notice within 30 days after the expiration of the briefing period may result in the Court deeming the arguments advanced in the motion abandoned.

Judge Jacquelyn E. Rokusek

WARNING

If the Pretrial Order is not submitted by the deadline, the Pretrial Conference will be converted to a status conference.

Failure to submit the Pretrial Order by the deadline will result in the Pretrial Conference being converted to a status conference.

Judge Jacquelyn E. Rokusek

WARNING

The three-day response-time addition under KSA 60-206 applies to service by email.

The three-day time for any response added under KSA 60-206 applies to service by e-mail.

Judge Jacquelyn E. Rokusek

WARNINGCivil cases

Objections to jury instructions should be filed by the beginning of trial.

Objections to jury instructions should be filed by the beginning of the trial.

Judge Rhonda K. Mason

WARNING

If a court-ordered motion or response is not filed within the time specified, the Court may cancel the hearing.

If the court orders you to file a motion or response, before it will be heard, if it is not filed in the amount of time said, the Court has the right to cancel the hearing.

Judge Rhonda K. Mason

WARNINGCivil cases

If the parties choose expedited trial procedures, they must file a separate agreed order describing the procedure before trial.

The parties Choose an item expedited trial procedures. A separate agreed order for the procedure to be used will be filed before trial.

Judge Rhonda K. Mason

WARNINGCivil cases

If the parties cannot submit jury instructions jointly, each party should submit proposed instructions one week before trial unless the court orders otherwise.

If the parties are unable to submit instructions jointly, then each party should submit proposed jury instructions one week in advance of trial (or as otherwise ordered by the court).

Judge Rhonda K. Mason

WARNINGCivil cases

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.

Judge Robert J. Wonnell

WARNINGCivil cases

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.

Judge Robert J. Wonnell

WARNINGCivil cases

An untimely objection to the form of an expert designation may be waived.

If the objection is not timely filed, it may be waived.

Judge Robert J. Wonnell