2009 Kansas Code
Chapter 60 PROCEDURE, CIVIL
Article 2 RULES OF CIVIL PROCEDURE
60-216. Pretrial conferences; case management conference.

60-216

Chapter 60.--PROCEDURE, CIVIL Article 2.--RULES OF CIVIL PROCEDURE

      60-216.   Pretrial conferences; case management conference. (a) Pretrial conferences; objectives. In any action, the court shall on the request of either party, or may in its discretion without such request, direct the attorneys for the parties to appear before it for a conference or conferences before trial to expedite processing and disposition of the litigation, minimize expense and conserve time.

      (b)   Case management conference. In any action, the court shall on the request of either party, or may in its discretion without such request, conduct a case management conference with counsel and any unrepresented parties. The conference shall be scheduled by the court as soon as possible and shall be conducted within 45 days of the filing of an answer. However, in the discretion of the court, the time for the conference may be extended or reduced to meet the needs of the individual case.

      At any conference under this subsection consideration shall be given, and the court shall take appropriate action, with respect to:

      (1)   Identifying the issues and exploring the possibilities of stipulations and settlement;

      (2)   whether the action is suitable for alternative dispute resolution;

      (3)   exchanging information on the issues of the case, including key documents and witness identification;

      (4)   establishing a plan and schedule for discovery, including setting limitations on discovery, if any, designating the time and place of discovery, restricting discovery to certain designated witnesses or requiring statements be taken in writing or by use of electronic recording rather than by stenographic transcription;

      (5)   any issues relating to disclosure or discovery of electronically stored information, including the form or forms in which it should be produced;

      (6)   any issues relating to claims of privilege or of protection as trial-preparation material, including, if the parties agree on a procedure to assert such claims after production, whether to ask the court to include their agreement in an order;

      (7)   requiring completion of discovery within a definite number of days after the conference has been conducted;

      (8)   setting deadlines for filing motions, joining parties and amendments to the pleadings;

      (9)   setting the date or dates for conferences before trial, a final pretrial conference, and trial; and

      (10)   such other matters as are necessary for the proper management of the action.

      If a case management conference is held, except as provided in subsection (a)(2)(B) of K.S.A. 60-230, and amendments thereto, no depositions, other than of the parties to the action, shall be taken until after the conference is held, except by agreement of the parties or order of the court. If the case management conference is not held within 45 days of the filing of an answer, the restrictions of this paragraph shall no longer apply.

      If discovery cannot be completed within the period of time originally prescribed by the court, the party not able to complete discovery shall file a motion prior to the expiration of the original period for additional time to complete discovery. Such motion shall contain a discovery plan and shall set forth the reason why discovery cannot be completed within the original period. If additional time is allowed, the court shall grant only that amount of time reasonably necessary to complete discovery.

      (c)   Subjects for consideration at pretrial conferences. At any pretrial conference consideration may be given, and the court may take appropriate action, with respect to:

      (1)   The simplification of the issues;

      (2)   the determination of issues of law which may eliminate or affect the trial of issues of fact;

      (3)   the necessity or desirability of amendments to the pleadings;

      (4)   the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;

      (5)   the limitation of the number of expert witnesses;

      (6)   the advisability of a preliminary reference of issues to a master; and

      (7)   such other matters as may aid in the disposition of the action.

      At least one of the attorneys for each party participating in any conference before trial shall have authority to enter into stipulations and to make admissions regarding all matters that the participants may reasonably anticipate may be discussed. If appropriate, the court may require that a party or its representative be present or reasonably available by telephone in order to consider possible settlement of the dispute.

      In the discretion of the court, any pretrial conference may be held by a telephone conference call.

      (d)   Final pretrial conference. In any action, the court shall on the request of either party, or may in its discretion without such request, conduct a final pretrial conference in accordance with procedures established by rule of the supreme court.

      (e)   Pretrial orders. After any conference held under this section, an order shall be entered reciting the action taken. This order shall control the subsequent course of the action unless modified by a subsequent order. The order following a final pretrial conference shall be modified only by agreement of the parties, or by the court to prevent manifest injustice.

      (f)   If a party or party's attorney fails to obey a pretrial order, if no appearance is made on behalf of a party at a pretrial conference, if a party or party's attorney is substantially unprepared to participate in the conference or if a party or party's attorney fails to participate in good faith, the judge, upon motion or the judge's own initiative and after opportunity to be heard, may make such orders with regard thereto as are just, and among others any of the orders provided in subsections (b)(2)(B), (C) and (D) of K.S.A. 60-237, and amendments thereto. In lieu of or in addition to any other sanction, the judge shall require the party or the party's attorney, or both, to pay the reasonable expenses incurred because of any noncompliance with this section, including attorney fees, unless the judge finds that the noncompliance was substantially justified or that other circumstances make an award of expenses unjust.

      History:   L. 1963, ch. 303, 60-216; L. 1986, ch. 215, § 4; L. 1997, ch. 173, § 9; L. 2008, ch. 21, § 1; July 1.