60-216.Pretrial conferences; case managementconference.(a) Pretrial conferences; objectives. In any action, thecourt shall on the request of either party, or may inits discretion without such request, direct the attorneys for the partiesto appear before it fora conferenceor conferences before trial to expedite processing and disposition of thelitigation, minimize expenseand conserve time.
(b) Case management conference. In any action, the court shall onthe request of either party, or may in itsdiscretion without such request, conduct a case management conference withcounsel and anyunrepresented parties. The conference shall be scheduled by the court as soonas 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 beextended or reduced to meet the needs of the individual case.
At any conference under this subsection consideration shall be given, and thecourt shall take appropriate action, with respect to:
(1) Identifying the issues and exploring the possibilities of stipulationsand settlement;
(2) whether the action is suitable for alternative dispute resolution;
(3) exchanging information on the issues of the case, including keydocumentsand witness identification;
(4) establishing a plan and schedule for discovery, including settinglimitations on discovery, if any, designating the time and place of discovery,restricting discovery to certain designated witnesses or requiring statementsbe taken in writing or by use of electronic recording rather than bystenographic transcription;
(5) any issues relating to disclosure or discovery of electronicallystored information, including the form or forms in which it should be produced;
(6) any issues relating to claims of privilege or of protection astrial-preparation material, including, if the parties agree on a procedure toassert such claims after production, whether to ask the court to include theiragreement in an order;
(7) requiring completion of discovery within a definitenumber of days after the conference has been conducted;
(8) setting deadlines for filing motions, joining partiesand 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 propermanagement 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 amendmentsthereto, no depositions, other than of the parties to the action, shall betaken until after the conference is held, except by agreement of the parties ororder of the court. If the case management conference is not held within 45days of the filing of an answer, the restrictions of this paragraph shall nolonger apply.
If discovery cannot be completed within the period of time originallyprescribed by the court, the party not able to complete discovery shall file amotion prior to the expiration of the original period for additional time tocomplete discovery. Such motion shall contain a discovery plan and shall setforth the reason why discovery cannot be completed within the original period.If additional time is allowed, the court shall grant only that amount of timereasonablynecessary to complete discovery.
(c) Subjects for consideration at pretrial conferences. At anypretrial conference consideration may be given, and the court may takeappropriate action, with respect to:
(1) The simplification of the issues;
(2) the determination of issues of lawwhich may eliminateor 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 documentswhich 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 anyconference before trial shall have authority to enter into stipulations and tomake admissions regarding all matters that the participants may reasonablyanticipate may be discussed. If appropriate, the court may require that a partyor its representative be present or reasonably available by telephone in orderto consider possible settlement of the dispute.
In the discretion of the court, any pretrial conference may be held by atelephone conference call.
(d) Final pretrial conference. In any action, the court shall onthe request of either party, or may in its discretion without such request,conducta final pretrialconference in accordance with procedures established by rule of the supremecourt.
(e) Pretrial orders. After any conference held under this section,an order shall be entered reciting the action taken. This order shall controlthe subsequent course of the action unless modified by a subsequent order. Theorder following a final pretrial conference shall be modified only by agreementof the parties, or by the court to prevent manifest injustice.
(f) If a party or party's attorney fails to obey a pretrial order,ifno appearance is made on behalf of a party at a pretrial conference, if aparty or party's attorney is substantially unprepared to participatein the conference or if a party or party's attorney fails to participatein good faith, the judge, upon motion or the judge's own initiative andafter opportunity to be heard, may make such orders with regard thereto asare 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 lieuof or in addition to any other sanction, the judge shall require the party orthe party's attorney, or both, to pay the reasonable expenses incurredbecause of any noncompliance with this section, including attorney fees,unless the judge finds that the noncompliance was substantially justifiedor that other circumstances make an award of expenses unjust.
60-216.Pretrial conferences; case managementconference.(a) Pretrial conferences; objectives. In any action, thecourt shall on the request of either party, or may inits discretion without such request, direct the attorneys for the partiesto appear before it fora conferenceor conferences before trial to expedite processing and disposition of thelitigation, minimize expenseand conserve time.
(b) Case management conference. In any action, the court shall onthe request of either party, or may in itsdiscretion without such request, conduct a case management conference withcounsel and anyunrepresented parties. The conference shall be scheduled by the court as soonas 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 beextended or reduced to meet the needs of the individual case.
At any conference under this subsection consideration shall be given, and thecourt shall take appropriate action, with respect to:
(1) Identifying the issues and exploring the possibilities of stipulationsand settlement;
(2) whether the action is suitable for alternative dispute resolution;
(3) exchanging information on the issues of the case, including keydocumentsand witness identification;
(4) establishing a plan and schedule for discovery, including settinglimitations on discovery, if any, designating the time and place of discovery,restricting discovery to certain designated witnesses or requiring statementsbe taken in writing or by use of electronic recording rather than bystenographic transcription;
(5) any issues relating to disclosure or discovery of electronicallystored information, including the form or forms in which it should be produced;
(6) any issues relating to claims of privilege or of protection astrial-preparation material, including, if the parties agree on a procedure toassert such claims after production, whether to ask the court to include theiragreement in an order;
(7) requiring completion of discovery within a definitenumber of days after the conference has been conducted;
(8) setting deadlines for filing motions, joining partiesand 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 propermanagement 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 amendmentsthereto, no depositions, other than of the parties to the action, shall betaken until after the conference is held, except by agreement of the parties ororder of the court. If the case management conference is not held within 45days of the filing of an answer, the restrictions of this paragraph shall nolonger apply.
If discovery cannot be completed within the period of time originallyprescribed by the court, the party not able to complete discovery shall file amotion prior to the expiration of the original period for additional time tocomplete discovery. Such motion shall contain a discovery plan and shall setforth the reason why discovery cannot be completed within the original period.If additional time is allowed, the court shall grant only that amount of timereasonablynecessary to complete discovery.
(c) Subjects for consideration at pretrial conferences. At anypretrial conference consideration may be given, and the court may takeappropriate action, with respect to:
(1) The simplification of the issues;
(2) the determination of issues of lawwhich may eliminateor 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 documentswhich 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 anyconference before trial shall have authority to enter into stipulations and tomake admissions regarding all matters that the participants may reasonablyanticipate may be discussed. If appropriate, the court may require that a partyor its representative be present or reasonably available by telephone in orderto consider possible settlement of the dispute.
In the discretion of the court, any pretrial conference may be held by atelephone conference call.
(d) Final pretrial conference. In any action, the court shall onthe request of either party, or may in its discretion without such request,conducta final pretrialconference in accordance with procedures established by rule of the supremecourt.
(e) Pretrial orders. After any conference held under this section,an order shall be entered reciting the action taken. This order shall controlthe subsequent course of the action unless modified by a subsequent order. Theorder following a final pretrial conference shall be modified only by agreementof the parties, or by the court to prevent manifest injustice.
(f) If a party or party's attorney fails to obey a pretrial order,ifno appearance is made on behalf of a party at a pretrial conference, if aparty or party's attorney is substantially unprepared to participatein the conference or if a party or party's attorney fails to participatein good faith, the judge, upon motion or the judge's own initiative andafter opportunity to be heard, may make such orders with regard thereto asare 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 lieuof or in addition to any other sanction, the judge shall require the party orthe party's attorney, or both, to pay the reasonable expenses incurredbecause of any noncompliance with this section, including attorney fees,unless the judge finds that the noncompliance was substantially justifiedor that other circumstances make an award of expenses unjust.
60-216.Pretrial conferences; case managementconference.(a) Pretrial conferences; objectives. In any action, thecourt shall on the request of either party, or may inits discretion without such request, direct the attorneys for the partiesto appear before it fora conferenceor conferences before trial to expedite processing and disposition of thelitigation, minimize expenseand conserve time.
(b) Case management conference. In any action, the court shall onthe request of either party, or may in itsdiscretion without such request, conduct a case management conference withcounsel and anyunrepresented parties. The conference shall be scheduled by the court as soonas 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 beextended or reduced to meet the needs of the individual case.
At any conference under this subsection consideration shall be given, and thecourt shall take appropriate action, with respect to:
(1) Identifying the issues and exploring the possibilities of stipulationsand settlement;
(2) whether the action is suitable for alternative dispute resolution;
(3) exchanging information on the issues of the case, including keydocumentsand witness identification;
(4) establishing a plan and schedule for discovery, including settinglimitations on discovery, if any, designating the time and place of discovery,restricting discovery to certain designated witnesses or requiring statementsbe taken in writing or by use of electronic recording rather than bystenographic transcription;
(5) any issues relating to disclosure or discovery of electronicallystored information, including the form or forms in which it should be produced;
(6) any issues relating to claims of privilege or of protection astrial-preparation material, including, if the parties agree on a procedure toassert such claims after production, whether to ask the court to include theiragreement in an order;
(7) requiring completion of discovery within a definitenumber of days after the conference has been conducted;
(8) setting deadlines for filing motions, joining partiesand 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 propermanagement 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 amendmentsthereto, no depositions, other than of the parties to the action, shall betaken until after the conference is held, except by agreement of the parties ororder of the court. If the case management conference is not held within 45days of the filing of an answer, the restrictions of this paragraph shall nolonger apply.
If discovery cannot be completed within the period of time originallyprescribed by the court, the party not able to complete discovery shall file amotion prior to the expiration of the original period for additional time tocomplete discovery. Such motion shall contain a discovery plan and shall setforth the reason why discovery cannot be completed within the original period.If additional time is allowed, the court shall grant only that amount of timereasonablynecessary to complete discovery.
(c) Subjects for consideration at pretrial conferences. At anypretrial conference consideration may be given, and the court may takeappropriate action, with respect to:
(1) The simplification of the issues;
(2) the determination of issues of lawwhich may eliminateor 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 documentswhich 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 anyconference before trial shall have authority to enter into stipulations and tomake admissions regarding all matters that the participants may reasonablyanticipate may be discussed. If appropriate, the court may require that a partyor its representative be present or reasonably available by telephone in orderto consider possible settlement of the dispute.
In the discretion of the court, any pretrial conference may be held by atelephone conference call.
(d) Final pretrial conference. In any action, the court shall onthe request of either party, or may in its discretion without such request,conducta final pretrialconference in accordance with procedures established by rule of the supremecourt.
(e) Pretrial orders. After any conference held under this section,an order shall be entered reciting the action taken. This order shall controlthe subsequent course of the action unless modified by a subsequent order. Theorder following a final pretrial conference shall be modified only by agreementof the parties, or by the court to prevent manifest injustice.
(f) If a party or party's attorney fails to obey a pretrial order,ifno appearance is made on behalf of a party at a pretrial conference, if aparty or party's attorney is substantially unprepared to participatein the conference or if a party or party's attorney fails to participatein good faith, the judge, upon motion or the judge's own initiative andafter opportunity to be heard, may make such orders with regard thereto asare 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 lieuof or in addition to any other sanction, the judge shall require the party orthe party's attorney, or both, to pay the reasonable expenses incurredbecause of any noncompliance with this section, including attorney fees,unless the judge finds that the noncompliance was substantially justifiedor that other circumstances make an award of expenses unjust.
