Johnson County District Court Pre-Motion Conference Requirements

CRITICAL

Before filing a motion to compel, the moving party must certify a good-faith effort to resolve the discovery dispute by conferring or attempting to confer; one letter, email, or phone call is insufficient, and the parties are expected to discuss the substance of the dispute.

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, in the Court’s view. The Court expects that the parties and/or Counsel will have spoken/met and conferred on the substance of the matter before the filing.

CRITICALCivil cases

For a motion to compel discovery, the informal conference call must be scheduled contemporaneously as specified in the order.

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 (and/or informal conference call is not contemporaneously scheduled), the motion will not be considered.

CRITICAL

All motions requiring a hearing should list the hearing date, time and division for the motion in bold letters below the case number in the caption of the case, after first consulting with opposing counsel and the administrative assistant.

All motions requiring a hearing should list the hearing date, time and division for the motion in bold letters below the case number in the caption of the case, after first consulting with opposing counsel and the administrative assistant.

CRITICAL

For a Motion to Compel under K.S.A. 60-237, counsel must schedule a conference call with the Court before the motion will be scheduled for hearing.

If a Motion to Compel is filed pursuant to K.S.A. 60-237, counsel must schedule a conference call with the Court to discuss the motion before it will be scheduled for a hearing.

CRITICAL

Before contacting the Court for an ex parte emergency hearing, counsel or self-represented parties must make a good-faith effort to notify opposing counsel; emailing the motion only a few minutes before the hearing is insufficient.

Counsel or self-represented parties who are requesting ex parte emergency relief must make a good faith effort to notify the attorney representing the opposing party prior to contacting the Court for a hearing. Sending an email with a copy of the emergency motion a few minutes prior to the hearing is not a good faith effort, in the Court’s opinion.

CRITICAL

For a K.S.A. 60-237 Motion to Compel, counsel must schedule a conference call with the Court before the motion hearing is scheduled, and the parties must email a dispute summary of less than one page at least 24 hours before the preliminary informal call.

If a Motion to Compel is filed pursuant to K.S.A. 60-237, counsel must schedule a conference call with the Court to discuss the motion before it will be scheduled for the motion hearing. Parties are required to forward a summary of the dispute of less than one page by email to the Division 22 Administrative Assistant at least 24 hours prior to the scheduled preliminary informal call.

CRITICALCivil cases

When no statute or Kansas Supreme Court Rule sets a response deadline, the response is due 14 calendar days after service and a reply is due seven days after service of the response; sur-responses and sur-replies require leave.

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. A reply shall be 7 days after service of the response. No sur responses or sur replies will be permitted without leave of the Court.

CRITICAL

For a K.S.A. 60-237 Motion to Compel, counsel must arrange a Court conference call before the motion is set for hearing; the parties must email a dispute summary of less than one page at least 24 hours before the preliminary informal call.

If a Motion to Compel is filed pursuant to K.S.A. 60-237, counsel must schedule a conference call with the Court to discuss the motion before it will be scheduled for the motion hearing. 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. The Court will review the parties' good faith efforts to meet and confer under 60- 237 and will discuss the substantive issues with the parties-in advance of a formal hearing on the pending motion.

CRITICALCivil cases

The initial informal conference call required by Division 11 rules must occur before a hearing on a motion to compel is scheduled.

The Court expects compliance with the initial informal conference call requirement set forth in Division 11 rules, prior to scheduling a hearing on the Motion to Compel.

CRITICALCivil cases

A motion challenging an expert’s qualifications or testimony must be set for timely argument when filed.

Any motion filed must concurrently be set for timely argument.

CRITICALCivil cases

The filing party must set a ripe motion for hearing before the pretrial conference or the motion will be deemed waived, except for motions properly heard at the final trial conference.

If a motion is ripe for ruling (absent motions in limine or other motions properly heard at final trial conference), the party who filed the motion must set the motion for hearing. If a motion has not been set for hearing prior to pretrial conference, the motion will be deemed waived.

CRITICAL

Before filing a motion to compel, the parties or counsel must confer on the substance of the dispute; one letter, email, or phone call is not enough, and the moving party must certify a good-faith effort to resolve it.

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, in the Court's view. The Court expects that the parties and/or Counsel will have spoken/met and conferred on the substance of the matter before the filing.

CRITICALCivil cases

For motions other than the specified exceptions, moving counsel must attempt to consult opposing counsel before filing.

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

Before filing a discovery-compel motion, the moving party must undertake and describe communications or attempted communications to resolve the dispute.

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

Before filing a motion to compel discovery, moving counsel must contact the Court to schedule a conference call to discuss the motion’s issues with all parties’ counsel.

Prior to filing the motion, counsel for the moving party must contact the Court to schedule a conference call so that the Court can discuss with counsel for all parties, the issues that will be addressed in the motion.

CRITICALCivil cases

Before filing a motion to compel discovery, moving counsel must contact the Court to schedule a conference call to discuss the issues with all parties' counsel.

Prior to filing the motion, counsel for the moving party must contact the Court to schedule a conference call so that the Court can discuss with counsel for all parties, the issues that will be addressed in the motion.

WARNINGCivil cases

Dispositive motions should be fully briefed and argued early enough to allow the Court at least two months to rule before the pretrial conference.

The Court expects these motions to be fully briefed and argued, so that the Court has at least two months to rule on such motions prior to the pretrial conference. Plan your dates accordingly.

WARNINGCivil cases

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.

INFOCivil cases

By agreement, the parties may hold a settlement conference or mediation before the pretrial conference with an agreed eligible mediator; if they cannot agree, the Court will appoint one.

The parties upon agreement may participate in a settlement conference/mediation prior to the Pre-Trial Conference. 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.

INFOCivil cases

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.