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Local Rules for the U.S. District Court, District of Kansas

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Local Rules for the U.S. District Court, District of Kansas RULES OF PRACTICE OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS PART I SCOPE OF RULES PART II COMMENCEMENT OF ACTIONS; PROCESS; SERVICE & FILING OF PLEADINGS, MOTIONS, AND ORDERS PART III PLEADINGS AND MOTIONS PART IV PARTIES PART V DEPOSITIONS AND DISCOVERY PART VI TRIALS PART VII JUDGMENT PART VIII PROVISIONAL AND FINAL REMEDIES 2 PART IX SPECIAL PROCEEDINGS; MAGISTRATE JUDGES PART X DISTRICT COURT AND CLERK PART XI GENERAL PROVISIONS PART XII ATTORNEYS AND BAR DISCIPLINE PART XIII REVIEW OF ADMINISTRATIVE PROCEEDINGS PART XIV RULES APPLICABLE TO BANKRUPTCY PROCEEDINGS PART XV RULES APPLICABLE TO CRIMINAL CASES PART XVI STANDING ORDERS PART A PATENT LOCAL RULES Effective March 17, 2018 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ORDER OF ADOPTION Pursuant to the authority vested in this Court by Rule and Statute: IT IS ORDERED that the rules attached hereto and designated "Rules of Practice of the United States District Court for the District of Kansas" are adopted and shall become effective March 17, 2018, and shall supersede the Court's existing rules which are repealed effective March 17, 2018. DATED this 17th day of March, 2018. FOR THE COURT s/ Julie A. Robinson JULIE A. ROBINSON Chief Judge ATTEST: 4 s/ Timothy M. O'Brien TIMOTHY M. O'BRIEN CLERK OF COURT (SEAL) 5 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS CHIEF DISTRICT JUDGE Julie A. Robinson 511 Robert J. Dole U.S. Courthouse 500 State Avenue Kansas City, KS 66101 DISTRICT JUDGE DISTRICT JUDGE Eric F. Melgren Daniel D. Crabtree 414 U.S. Courthouse 628 Robert J. Dole U.S. 401 N. Market Courthouse Wichita, KS 67202 500 State Avenue Kansas City, KS 66101 DISTRICT JUDGE DISTRICT JUDGE John W. Broomes Holly L. Teeter 232 U.S. Courthouse 405 Frank Carlson Federal 401 N. Market Building Wichita, KS 67202 444 S.E. Quincy Topeka, KS 66683 6 SENIOR DISTRICT SENIOR DISTRICT JUDGE JUDGE Sam A. Crow John W. Lungstrum 430 Frank Carlson Federal 517 Robert J. Dole U.S. Building Courthouse 444 S.E. Quincy 500 State Avenue Topeka, KS 66683 Kansas City, KS 66101 SENIOR DISTRICT SENIOR DISTRICT JUDGE JUDGE Kathryn H. Vratil J. Thomas Marten Suite 529 Robert J. Dole 423 U.S. Courthouse U.S. Courthouse 401 N. Market 500 State Avenue Wichita, KS 67202 Kansas City, KS 66101 MAGISTRATE JUDGE MAGISTRATE JUDGE James P. O'Hara Kenneth G. Gale 219 Robert J. Dole U.S. 403 U.S. Courthouse Courthouse 401 N. Market 500 State Avenue Wichita, KS 67202 Kansas City, KS 66101 MAGISTRATE JUDGE MAGISTRATE JUDGE 7 Teresa J. James Gwynne E. Birzer 208 Robert J. Dole U.S. 322 U.S. Courthouse Courthouse 401 N. Market 500 State Avenue Wichita, KS 67202 Kansas City, KS 66101 MAGISTRATE JUDGE Angel D. Mitchell 475 Frank Carlson Federal Building 444 S.E. Quincy Topeka, KS 66683 Please see www.ksd.uscourts.gov for the most current telephone contact information. * * * * * * * * * 8 CLERK OF THE COURT Timothy M. O'Brien 259 Robert J. Dole U.S. Courthouse 500 State Avenue Kansas City, KS 66101 KANSAS CITY CLERK'S TOPEKA CLERK'S OFFICE OFFICE 259 Robert J. Dole U.S. 490 Frank Carlson Federal Courthouse Building 500 State Avenue 444 S.E. Quincy Kansas City, KS 66101 Topeka, KS 66683 WICHITA CLERK'S OFFICE 204 U.S. Courthouse 401 N. Market Wichita, KS 67202 Please see www.ksd.uscourts.gov for the most current telephone contact information. * * * * * * * * * 9 Committee of the Court Bench-Bar Committee Hon. Chief Judge Julie A. Robinson, ex officio Hon. Eric F. Melgren, Chair Hon. Daniel D. Crabtree Hon. James P. O'Hara Hon. Theresa J. James Hon. Janice Miller Karlin Mr. Stephen R. McAllister Ms. Melody Brannon Mr. William L. Townsley Mr. Jeffrey A. Chanay Ms. Tara Eberline Ms. Diane H. Sorensen Mr. Blake A. Shuart Ms. Larkin E. Walsh Mr. John W. Shaw Mr. Stephen H. Netherton Ms. Patricia E. Hamilton * * * * * * * * * 10 11 Table of Rules TABLE OF RULES -I- SCOPE OF RULES 1.1 SCOPE AND MODIFICATION OF RULES; DEFINITIONS; CITATION -II- COMMENCEMENT OF ACTIONS; PROCESS; SERVICE & FILING OF PLEADINGS, MOTIONS, AND ORDERS 3.1 COMMENCEMENT OF ACTIONS 4.1 SERVICE OF PROCESS IN ACCORDANCE WITH STATE PRACTICE 4.2 APPOINTMENT OF STATE OFFICERS TO SERVE PROCESS 5.1 FORM OF PLEADINGS AND PAPERS 5.3 COPIES REQUIRED FOR A THREE-JUDGE COURT 5.4.1 SCOPE OF ELECTRONIC FILING 5.4.10 NOTICE OF COURT ORDERS AND JUDGMENTS 5.4.11 TECHNICAL FAILURES 5.4.12 PUBLIC ACCESS 5.4.13 ADMINISTRATIVE PROCEDURES 5.4.2 ELIGIBILITY, REGISTRATION, PASSWORDS 12 Table of Rules 5.4.3 CONSEQUENCES OF ELECTRONIC FILING 5.4.4 ENTRY OF COURT ISSUED DOCUMENTS 5.4.5 ATTACHMENTS AND EXHIBITS 5.4.6 SEALED DOCUMENTS 5.4.7 RETENTION REQUIREMENTS 5.4.8 SIGNATURES 5.4.9 SERVICE OF DOCUMENTS BY ELECTRONIC MEANS 6.1 TIME 6.2 EFFECTIVE DATE OF COURT FILINGS FOR PURPOSES OF CALCULATING LIMITATION PERIODS -III- PLEADINGS AND MOTIONS 7.1 MOTIONS IN CIVIL CASES 7.2 ORAL ARGUMENTS ON MOTIONS 7.3 MOTIONS TO RECONSIDER 7.4 FAILURE TO FILE AND SERVE MOTION PAPERS 7.5 APPLICATION OF THIS RULE 7.6 BRIEFS AND MEMORANDA 9.1 HABEAS CORPUS, MOTIONS TO VACATE AND CIVIL RIGHTS COMPLAINTS BY PRISONERS 11.1 SANCTIONS 13 Table of Rules 15.1 MOTIONS TO AMEND AND FOR LEAVE TO FILE 16.1 PRETRIAL CONFERENCES, SCHEDULING, CASE MANAGEMENT 16.2 PRETRIAL CONFERENCES 16.3 ALTERNATIVE DISPUTE RESOLUTION -IV- PARTIES 23-A NOTICE OF MULTI-DISTRICT LITIGATION RELATED CASE 23.1 CLASS ACTIONS -V- DEPOSITIONS AND DISCOVERY 26.1 COMPLETION TIME FOR DISCOVERY 26.2 MOTIONS FOR PROTECTIVE ORDERS 26.3 DISCLOSURES AND DISCOVERY NOT TO BE FILED 26.4 EXPERT WITNESSES 30.1 NOTICE OF DEPOSITIONS 30.2 DEPOSITIONS; NOT TO BE FILED; DELIVERY 30.3 TIME FOR TAKING DEPOSITIONS 32.1 USE OF DISCOVERY AT TRIAL 14 Table of Rules 33.1 ADDITIONAL INTERROGATORIES TO THOSE PERMITTED BY FED. R. CIV. P. 33(a) 33.2 FORMAT FOR INTERROGATORIES 35.1 TRIAL PREPARATION AFTER CLOSE OF DISCOVERY 37.1 MOTIONS RELATING TO DISCOVERY 37.2 DUTY TO CONFER CONCERNING DISCOVERY DISPUTES -VI- TRIALS 38.1 RANDOM SELECTION OF GRAND AND PETIT JURORS 39.1 ORAL ARGUMENT AT JURY TRIALS 40.1 ASSIGNMENT OF CASES 40.2 DETERMINATION OF PLACE OF TRIAL 40.3 SETTLEMENT OF CASES SET FOR TRIAL 41.1 DISMISSAL FOR LACK OF PROSECUTION 47.1 COMMUNICATION WITH JURORS AFTER TRIAL 51.1 JURY INSTRUCTIONS 52.1 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW -VII- JUDGMENT 15 Table of Rules -VIII- PROVISIONAL AND FINAL REMEDIES 65.1 RESTRAINING ORDERS AND TEMPORARY INJUNCTIONS 65.2 SURETIES 66.1 ADMINISTRATION OF ESTATES 67.1 REGISTRY FUNDS -IX- SPECIAL PROCEEDINGS; MAGISTRATE JUDGES 71A.1 CONDEMNATION ACTIONS 72.1.1 AUTHORITY OF UNITED STATES MAGISTRATE JUDGES 72.1.2 ASSIGNMENT OF MATTERS TO MAGISTRATE JUDGES 72.1.3 CONSENT TO CIVIL TRIAL JURISDICTION 72.1.4 OBJECTIONS; APPEALS; STAY OF MAGISTRATE JUDGE'S ORDERS -X- DISTRICT COURT AND CLERK 77.1 RECORD OFFICES; FILING OF PLEADINGS AND PAPERS 77.2 ORDERS AND JUDGMENTS GRANTABLE 16 Table of Rules BY CLERK 77.3 CASE NUMBERING SYSTEM 77.4 SEAL OF THE COURT 77.5 DISSEMINATION OF INFORMATION BY COURT SUPPORTING PERSONNEL 77.6 BENCH-BAR COMMITTEE 79.1 ACCESS TO COURT RECORDS 79.2 COURT LIBRARIES 79.3 CUSTODY AND DISPOSITION OF TRIAL EXHIBITS, SEALED DOCUMENTS, AND FILED DEPOSITIONS 79.4 SEALED FILES AND DOCUMENTS IN CIVIL CASES -XI- GENERAL PROVISIONS 80.1 USE OF TRANSCRIPTS 81.1 REMOVAL FROM STATE COURTS 81.2 COPIES OF STATE COURT PROCEEDINGS IN REMOVED ACTIONS 83.1.1 AMENDMENT OF RULES 83.1.2 STANDING ORDERS AND MANDATED RULES 83.2.1 PHOTOGRAPHS, RECORDINGS, AND BROADCASTS 83.2.2 COURT SECURITY 17 Table of Rules 83.2.3 SPECIAL ORDERS IN SENSATIONAL CASES 83.2.4 ELECTRONIC COMMUNICATION DEVICES 83.2.5 CONFLICTS INVOLVING SPOUSES AND CHILDREN OF JUDGES -XII- ATTORNEYS AND BAR DISCIPLINE 83.5.1 ROLL OF ATTORNEYS 83.5.2 ADMISSION TO BAR 83.5.3 REGISTRATION OF ATTORNEYS 83.5.3.1 APPOINTMENT OF ATTORNEYS IN CIVIL CASES 83.5.4 APPEARANCE FOR A PARTICULAR CASE 83.5.5 WITHDRAWAL OF APPEARANCE 83.5.6 LEGAL INTERNS 83.5.7 APPEARANCES BY FORMER LAW CLERKS 83.5.8 LIMITED SCOPE REPRESENTATION IN CIVIL CASES 83.6.1 PROFESSIONAL RESPONSIBILITY 83.6.10 FEES AND COSTS 83.6.11 APPLICABILITY OF FED. R. CIV. P. 11 TO DISCIPLINARY PROCEEDINGS 83.6.12 GENERAL PROVISIONS 83.6.2 DISCIPLINE OF ATTORNEYS 83.6.3 PROCEDURE IN DISCIPLINARY CASES 83.6.4 RECIPROCAL DISCIPLINE 18 Table of Rules 83.6.5 ATTORNEYS CONVICTED OF CRIMES 83.6.6 INTERIM SUSPENSION 83.6.7 ATTORNEYS WHO RESIGN FROM THE BAR DURING AN INVESTIGATION OF MISCONDUCT OR DISBARMENT ON CONSENT 83.6.8 REINSTATEMENT AFTER DISCIPLINE 83.6.9 PROCEEDINGS IN WHICH AN ATTORNEY IS DECLARED TO BE MENTALLY INCOMPETENT, IS ALLEGED TO BE INCAPACITATED, OR IS PLACED ON DISABILITY INACTIVE STATUS BY ANOTHER JURISDICTION -XIII- REVIEW OF ADMINISTRATIVE PROCEEDINGS 83.7.1 REVIEW OF ORDERS OF ADMINISTRATIVE AGENCIES, BOARDS, COMMISSIONS, AND OFFICERS (INCLUDING SOCIAL SECURITY APPEALS) 83.7.2 PROCEEDINGS IN SOCIAL SECURITY APPEALS AFTER A "SENTENCE SIX" REMAND -XIV- RULES APPLICABLE TO BANKRUPTCY 19 Table of Rules PROCEEDINGS 83.8.1 THE BANKRUPTCY COURT 83.8.10 APPEALS 83.8.11 DIVISION OF BUSINESS OF BANKRUPTCY COURT; ASSIGNMENT OF TITLE 11 CASES 83.8.12 SUPPLEMENTAL BANKRUPTCY COURT LOCAL RULES 83.8.13 JURY TRIALS 83.8.2 SCOPE OF RULES 83.8.3 FILING OF PAPERS 83.8.4 MAINTENANCE OF CASE AND CIVIL PROCEEDING FILES; ENTRY OF JUDGMENTS 83.8.5 CLARIFICATION OF GENERAL REFERENCE TO BANKRUPTCY JUDGES 83.8.6 TRANSFER OF PARTICULAR PROCEEDINGS FOR HEARING AND TRIAL BY A DISTRICT JUDGE 83.8.7 DETERMINATION OF AUTHORITY OF BANKRUPTCY COURT TO ENTER FINAL JUDGMENT 83.8.8 REVIEW OF NON-CORE PROCEEDINGS HEARD BY BANKRUPTCY JUDGE 83.8.9 POST-JUDGMENT MOTIONS -XV-
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