Local Rules: An Introduction
Each court in the Kansas District Court system has its own unique local rules which apply only to its court. Local rules govern the phases of litigation of cases in that court, such as the management of the calendar for hearings, trials and other matters; and the rules apply to pleadings, motions and practice before the court. Local rules aid the court in managing its docket and reducing uncertainty about the outcome of a case, and in understanding a judge’s preferences . The local rules are designed to promote consistency or standardization of court procedures in that court and to promote fairness among litigants.
Local rules are not superseded by the Federal Rules, but apply only to cases in the particular district of the court. A judge may have a practice in place that is contrary to a local rule in the district in which he or she is sitting, but the judge would be free from any obligation to change his or her practice in order to conform to the rule.
District Court Structure in Kansas
The Kansas district court is a monolithic court, meaning all of the districts are run and organized from a common center. The administrative office of the Kansas Supreme Court oversees the Kansas District Courts consistent with requirements of the Kansas Supreme Court and subject to the review of the Kansas Supreme Court. Administrative Order 03 – 21, The Kansas District Court, https://www.kscourts.org/Kansas-Courts/Admin-Order-03-21.pdf (last visited July 30, 2018). All Kansas District Court judges hold office pursuant to Article III, Section 2 of the U.S. Constitution. K.S.A. 20-321 et seq. The Kansas District Courts have general jurisdiction as granted by the Kansas Constitution, Article 3, Section 6, 7 and 10, and by utilization of the rules established by the Kansas Supreme Court. K.S.A. 20-301 et seq. Subject to budgetary restrictions, all equipment and physical facilities for the operation and administration of the Kansas District Courts are provided the Kansas Supreme Court or the District Court Administrator. Kansas Supreme Court Administrative Order 02-23, Administrative Office of the District Courts and Trial Court Department Budgets, Dep’t Order 02-23, at 1 (2002). Each of the 31 judicial districts in Kansas is organized around one or more district courts, which are trial courts of general jurisdiction. The districts are comprised of the existing counties in order to provide a logical geographic location of the courts.
The number of judges in each district is determined by a Schedule of Judicial Positions developed by Kansas Supreme Court Administrative Order. Kansas Supreme Court Administrative Order 05-07, Schedule of Judicial Positions, Sched. of Jud. Positions, at 1-4 (2005). The Kansas Legislature authorizes the assignment of judges to various districts as needs dictate, for example, Chief Judges may be designated to have case assignment authority for a particular type of case. Id. at 1.
The Supervising District Judge is essentially the "chief" of the district with administrative responsibility of the district courts, district court judges and court personnel within the district. Supervising District Judges also serve as liaisons between the District Court Administrator, judges and the local bar. Aller v. Ollis/Akers/Scofield, P.A., 245 P.3d 1040, 1060 (Kan. 2010). Kansas judges, excluding judges in the Courts of Limited Jurisdiction, must be duly admitted to practice law in the state of Kansas and be a member of the Kansas Bar Association for a minimum of five years preceding the appointment. Kansans for Life v. Tomkins, 253 P.3d 1049, 1052 (Kan. 2011); In re Complaint Against Johnson Cty Dist. Ct. Judge ‘s Assoc., 918 P.2d 153, 156-57 (Kan. 1996). Also, every Kansas judge is required to take the Kansas Judicial Responsibility and Disability Commission Oath of Office. See K.S.A. 20-301b(a) ("Every judge, before entering upon the discharge of judicial duties, shall take an oath of office that he or she will support the constitutions of the United States and the state of Kansas, to faithfully and impartially perform the duties of his or her office….").
How Are Local Rules Different from Federal Rules?
Kansas District Court Local Rules are much like the federal rules of procedure but there are some notable differences. The Local Rules of Procedure for the District of Kansas are KN, but you can use a suffix with KN to assign those local rules to a specific division. For example, the local rules for the district of Kansas-Specialized docket are KNS.
Local rules differ slightly from the Federal Rules of Procedure. In Federal Courts you have Rules 1, 2, 3, all the way to 86. There are a few variations with the court rules, like the Local Rules regarding discovery disputes in the U.S. District of Kansas or Local Rules for the District of Delaware. But fundamentally in the Federal Rules there is a consistent numbering system. You can walk into any federal courthouse in the country and the first part your lawsuit proceeds through is always going to be Title 1, Rule 1. For example, the first motion after defendant’s responsive pleading is Rule 12(b)(6).
The Title 1, Rule 1 trial rule cannot be taken into Kansas District Court because Kansas uses a hybrid system.
In Kansas Federal Court, the Local Rules number 1 and 2 are reserved for calling cases. So when they go to trial, clients and attorneys know where the case is at. So the Local Rules in Kansas, in addition to covering their unique civil procedure rules, also have a docketing system. Rule 3 is known as general orders. General orders are consideration by the judge about items not covered by local rules. For example: how do you schedule mediation or how do you get a judge to grant you a continuance.
The first item in Local Rules of Kansas District Court is Rule 4. The first two rules (Foreign Language Interpreters and Internal Revenue Code) are both referenced in 4.1. From Rule 4 on, you can expect a rule equivalent to the Federal Rules of Civil Procedure. However, that is not always the case and that is exactly why the transition from Kansas State Court to the United States District Court can be so challenging.
Kansas District Court Local Rules are not an exact analogy to the Federal Rules of Civil Procedure. The first thing I tell clients before going into federal court is that, "There are no local rules." By this I refer to the difference between states’ domestic rules and the federal rules. Depending on what state you are coming from, the local rules coalesce into a different set of procedures and rules regarding how to file motions and complete your case.
Don’t be lulled into believing that Kansas and Texas are similar.
Federal Rules are uniform, inasmuch as they are federal rules which bind citizens at the same level. However, the Kansas and Texas Rules of Civil Procedure are not entirely alike. Texans face their own challenges.
Take a look at Texas Rule 58A, the rule of original answer. An original answer filed on or before 10:30 a.m. on the Monday following expiration of the twenty (20) day period for filing an answer, unless the thirtieth day would fall on a legal holiday, in which event the answer will be due on the next day which is not a legal holiday.
It is possible in Federal Court to lose a case by not filing your answer by 10:30 a.m. on the Monday following the thirtieth day after being served. There is no margin for error. This is a complete departure from the Kansas Rule which has no such requirement of being filed before 10:30 a.m.
That is just one of many ways in which the two courts, while looking similar, can lead to very different outcomes based on their procedural rules.
A Sampling of Kansas Local Rules
In addition to adherence to the Fed. R. Civ. P., litigants in Kansas District Courts must also conform to a separate and equally important set of Local Rules. Each District Court has specific Local Rules that, among other things, identify any unique motion practice procedures and specify the requirements for briefs submitted in support of or in opposition to motions.
The following is a summary of some of the key local rules that are specific to Kansas District Courts:
- Be cognizant that the presumption in the District of Kansas is that discovery is allowed while the parties report to the court as a matter of course, unless a specific reason exists to forego any such discovery. See e.g., D. Kan. 26.1(d). For instance, in a patent case, the presumption is that all discovery is permitted unless the parties stipulate otherwise. In other instances, such as social security cases, it is clear that the parties have no right to request discovery.
- The District of Kansas is unique in that it provides a series of standing orders applicable to particular subject matter such as patent litigation, social security, employment, and prisoner civil rights proceedings. These standing orders contain specific requirements applying to proceedings involving each subject matter area. In addition, they provide sample documents such as a vocational expert questionnaire, special interrogatories, and a sample motion for entry of judgment granting claimant’s application for social security benefits based on the parties’ agreement. Depending on the type of proceeding, the standing order, and any supplementary materials, may cover case management timing, briefing, administrative motions, scheduling requirements, appeal procedures, and consent to magistrate jurisdiction.
- A few of the local rules have very specific considerations of which a practitioner must be aware. For example, if an attorney is not admitted to practice in Kansas, the attorney must submit a motion for leave to appear pro hac vice before the attorney may file documents in the District of Kansas. Consistent with D. Kan. 83.5.5(d), a motion filed by a non-admitted attorney will not be considered complete until a form bearing the attestation of the local attorney is also filed. Other local rules have very specific electronic requirements. In the District of Kansas, litigants must register to use the court’s electronic filing system and submit to automatic notification of the following: the entry of court documents at any time, the ruling on motions, jury verdict and/or discharge of jury or mistrial, judgment, and entry of an order to show cause. D. Kan. 5.4.2(a). In addition, the Kansas local rules contain strict requirements for submitting and serving proposed orders, scheduling orders, and pretrial orders. See D. Kan. 7.6(a)-(d).
- Finally, for cases in which federal jurisdiction is based on diversity, the local rules require that local law (not state law) be applied to substantive issues. D. Kan. 81.2, see also FED. R. EVID. 501. Under this rule, Kansas federal courts will defer to Kansas state law in matters of substantive law even when the parties are from different states and the amount in controversy requirement is satisfied.
Making and Updating Local Rules
Upon attracting attention of the judges, a committee considers proposals to amend one or more local rules. If the committee is persuaded the rule should be amended, a recommendation to adopt the new version of the rule is made to the judges. Typically, the committee drafts the amendment and submits it with the recommendation to the committee’s district court members. If the proposing committee is comprised of magistrate judges, then the committee will also submit the proposed amendment to elected district judges with a request for them to comment on the proposal. The proposing committee may send the proposed amendment to other groups, such as the District Court Bar Association and the magistrate judge conference committee, requesting analysis and comment on the proposal. The entire process surrounding the proposal and enactment, while thorough, is not completely without risk. No matter how innocuous the proposal may seem, it is very much subject to manipulation so that an individual’s interests can be furthered or a competitor’s interests diminished , or even eliminated.
A proposed rule is not submitted to the bar and public notice until the reception of all comments and modifications to the proposed amendment are received or until enough time has passed to reasonably acquire no more comments. The length of this first period depends upon the complexity of the proposed amendment and the level of interest the bar and general public have in amending the rule. Notice and an opportunity to comment is then made available via a proposed rule in the Friday edition of the Federal Register. Once the comments are received or the first comment period has expired, the committee reviews all the comments and, if warranted, revises the proposed amendment before formally submitting it for adoption. A standard six-month consideration period is provided, unless time constraints dictate otherwise.
After the six-month period is over, the proposed amendment finally becomes effective. It is always good practice for lawyers and the general public to review the most recently amended rules, so as to stay current with recent developments.
Enforcement and Compliance
In the Kansas District Courts, judges are required to comply with the local rules and may be held accountable for any failure to do so. The status of the law regarding the enforcement of local rules is still developing but, in general, requirements imposed by local rules can be enforced by sanctions or even disqualification.
Where local rules define the manner of compliance, compliance is mandatory. However, where the local rules are less specific, such as requiring that counsel meet and confer prior to filing a motion, many judges treat such entry as a court order. The judge will, therefore, require compliance with the specific terms of the order.
The judges in the Kansas District Courts have both explicit and implicit means of enforcing their local rules. Locally imposed penalties include attorney discipline, monetary sanctions, or changes in case management deadlines. In some circumstances, such as where an attorney has repeatedly failed to comply with a local rule, the failure to comply with a local rule could give rise to disqualification from appearance before that court or a particular judge.
Because the extent to which local rules are enforced varies by court, and sometimes by judge, attorneys should take care to review the local rules early in litigation and keep abreast of any changes that are made. Although the local rules should be a reliable information source, complexities experienced in individual cases may yield different results.
Helpful Tips for Practicing Attorneys
Practical Tips for Lawyers Practicing in Kansas District Court
The importance of the local rules should not be taken lightly. Read the "standards" section for details on how to make sure your filing meets the requirements for that district. While there are a few odd rules and outliers they are few and far between. My understanding of the method used to number the rules in Kansas is that when a new court was opened it was assigned the next number in order from other courts in the state. This explains why the rules in the new judge’s court may not always line up with the judge you are much more familiar with practicing before. For example, my recommendation is to look at the FAQ’s and standard orders of the judges before you file anything with the court. The FAQ’s for each judge can usually be found on their court web page. Some judges sectitons have links to the court’s form web page. When looking for an issue I recommend going back to the administrative page and searching it directly. Most of the time the FAQ will be helpful but if not the court’s form page usually has some good information. You should also be sure to check the dockets and rulings sections for the court you are practicing in. There are a few miscellaneous items that the courts are responding to including what seems like the courts giving their opinion about precedent that the Circuit court did not follow. I find the dockets are one of the most useful features because it allows you to see what issues are important to the Court. If you have never practiced in the district court I would start by familiarizing myself with the random or assigned section. If seeking a jury trial be sure to be familiar with the jury instructions page. If you have questions about how to file something with the court and would like to know how to email the Judge’s chambers you can view all of the Judge’s contact information which can be helpful. Some of the information in this section has been moved to the Tips for New Lawyers section.
Additional Information Sources
The U.S. District Court for the District of Kansas is committed to making its rules available and accessible. Its main page for local rules and forms is always being updated for new developments and accessibility. On the home page, the specific links to pleadings and conventions, forms and instructions , and templates provide specific localized and streamlined resources. The home page also directs you and provides a link to the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure. Major updates to the federal rules as they are considered and adopted by Congress and the U.S. Supreme Court are incorporated into the District’s rules right on its home page. Most judges in the District require compliance with the local rules for all matters heard by that particular judge’s chambers and those will be found in their individual rule pages under the court rules and forms heading on the District Court’s website. Legal reference books and materials concerning the Kansas District Court’s local rules can be found in law libraries and legal research databases.