D. Kan. Rule 16.2

(a) General Provisions. In most cases, the court will conduct a pretrial conference

after discovery is complete and before the filing of dispositive motions (e.g.,

summary judgment). If the case remains at issue after dispositive motions have

been decided, the judge who will preside at trial usually will enter a separate trial

order or conduct another pretrial conference to formulate a trial plan to facilitate

the admission of evidence at trial. The court will also set deadlines for filing and

ruling on any objections to final witness and exhibit disclosures and deposition

designations, motions in limine, proposed instructions in jury cases, proposed

findings of fact and conclusions of law in non-jury cases, and any other matters

calculated to make trial more efficient.

The court will prepare the pretrial order or designate counsel to do so. At a

time as may be ordered by the court under Fed. R. Civ. P. 16(b)(3)(B)(v), the parties

must submit a proposed pretrial order in the form prescribed by the court. The

parties have joint responsibility to attempt in good faith to formulate an agreed

order which the judge can sign at the conference. If the parties disagree on any

particulars, they are each to submit proposed language on the points in controversy,

for the judge to rule on at the conference. To attempt in good faith to formulate an

agreed order means more than mailing or faxing a form or letter to the opposing

party. It requires that the parties in good faith converse, confer, compare views,

consult and deliberate, or in good faith attempt to do so. Objections to the pretrial

order must be made in writing and within such time as the court may specify.

(b) Witness and Exhibit Disclosures. At times ordered by the court under Fed. R.

Civ. P. 16(b) and (c)(2)(G), the parties must file witness and exhibit disclosures

pursuant to Fed. R. Civ. P. 26(a)(3).

(1) Content of Disclosures. Witness disclosures must set forth the address of

each witness as well as the subject matter about which each witness is

expected to testify. Witness and exhibits disclosed by one party may be

called or offered by the other party. If a witness or exhibit appears on a

final Fed. R. Civ. P. 26(a)(3) disclosure that has not previously been

included in a Fed. R. Civ. P. 26(a)(3) disclosure (or timely supplement

thereto), that witness or exhibit presumptively will be excluded at trial. See

Fed. R. Civ. P. 37(c)(1). This restriction does not apply, however, to

rebuttal witnesses or documents, the necessity of which could not

reasonably be anticipated as of the deadline for filing final witness and

exhibit disclosures. The disclosures of the parties must also identify

specific deposition exhibits to be used. Witnesses expected to testify as

experts must be so designated.

(2) Trial Exhibits. Before meeting with the courtroom deputy to mark exhibits,

the parties must exchange copies of all proposed exhibits and attempt to

agree as to their authenticity and relevancy.

(3) Testimony by Deposition. With respect to any witness who will appear by

deposition, the disclosure must designate by page and line (or other

appropriate designation in the case of a videotaped deposition) those

portions of the deposition the offering party intends to offer into evidence.

The opposing party must then file a counter designation of those portions

of the deposition which the opposing party believes in fairness ought to be

considered with the part the offering party has designated in accordance

with Fed. R. C iv. P. 32(a)(4). Any disputes concerning deposition

testimony, including any unresolved evidentiary objections, must be

brought to the court’s attention as set forth in the pretrial order or separate

trial order.

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