Jury Trials

(a) A district judge shall conduct jury trials in all bankruptcy cases and proceedings in which a party has a right to trial by jury, a jury is timely demanded, and no statement of consent to jury trial before a bankruptcy judge has been filed. (b) A bankruptcy judge shall conduct jury trials in all bankruptcy cases and proceedings in which a party has a right to trial by jury, where a jury is timely demanded, and the parties have jointly or separately filed a statement of consent to trial before a bankruptcy judge. A bankruptcy judge may hear and determine all motions, dispositive or otherwise, filed by the parties in such a case or proceeding. *** As amended 2/10/95. -XV- RULES APPLICABLE TO CRIMINAL CASES RULE CR1.1 LOCAL RULES APPLICABLE TO CRIMINAL CASES The rules in Part XV and the following rules govern the procedure in all criminal proceedings before this court: Rule Topic D. Kan. Rule 1.1 Scope and Modification of Rules; Definitions; Citation D. Kan. Rule 5.1(a)-(c)(1), (e) The Form of Pleadings and Papers D. Kan. Rule 5.4.1 Eligibility, Registration, and Passwords D. Kan. Rule 5.4.3 Technical Failures D. Kan. Rule 5.4.4 Authorizing the Clerk to Adopt Administrative Procedures for Filing D. Kan. Rule 7.2 Oral Argument on Motions D. Kan. Rule 7.3 Motions to Reconsider D. Kan. Rule 11.1 Sanctions D. Kan. Rule 26.4 Expert Witnesses D. Kan. Rule 38.1 Random Selection of Grand and Petit Jurors D. Kan. Rule 40.1 Assignment of Cases D. Kan. Rule 47.1 Communication With Jurors After Trial D. Kan. Rule 62.1 Mandates of an Appellate Court D. Kan. Rule 72.1.1 Authority of Magistrate Judges D. Kan. Rule 72.1.2 Assignment of Matters to Magistrate Judges D. Kan. Rule 72.1.4(d)-(e) Objections, Appeals, and Stays of a Magistrate Judge’s Order D. Kan. Rule 77.1(a)-(b) Record Offices and the Filing of Documents D. Kan. Rule 77.3(b) Case Numbering System for Criminal Cases D. Kan. Rule 77.5 Dissemination of Information by Court Supporting Personnel D. Kan. Rule 79.1 Access to Court Records D. Kan. Rule 79.3 Custody and Disposition of Trial Exhibits, Sealed Documents, and Filed Depositions D. Kan. Rule 80.1 Use of Transcripts D. Kan. Rule 83.1.2 Standing Orders and Mandated Rules D. Kan. Rule 83.2.1 Photographs, Recordings, and Broadcasts D. Kan. Rule 83.2.2 Court Security D. Kan. Rule 83.2.3 Special Orders in Sensational Cases D. Kan. Rule 83.2.4 Electronic Communication Devices D. Kan. Rule 83.2.5 Conflicts Involving Spouses and Children of Judges D. Kan. Rule 83.5.1 Roll of Attorneys D. Kan. Rule 83.5.2 Admission to the Bar D. Kan. Rule 83.5.2.1 Special Admissions for the U.S. Government and the Federal Public Defender Office D. Kan. Rule 83.5.3(a)-(e), (g)-(i) Registration of Attorneys D. Kan. Rule 83.5.4 Appearance for a Particular Case D. Kan. Rule 83.5.5(b)-(e) Withdrawal of Appearance D. Kan. Rule 83.5.6 Legal Interns D. Kan. Rule 83.5.7 Appearances by Former Law Clerks D. Kan. Rules 83.6.1 through Professional Responsibility and Discipline 83.6.10 D. Kan. Rule 83.6.12 General Provisions *** As adopted 8/26/24. RULE CR1.2 TIME FOR FILING RESPONSES AND REPLIES TO MOTIONS Unless otherwise ordered by the court, any response to a motion must be filed within 14 days after the motion is served. Any reply must be filed within 7 days after the response is served. *** As adopted 8/26/24. RULE CR1.3 MOTIONS AND BRIEFING IN CRIMINAL CASES (a) Form and Filing. All motions, unless made during a hearing or at trial, must be filed in writing with the clerk. The motion or opening brief filed in support of the motion must contain: (1) a statement of the specific relief sought; (2) a statement of the nature of the matter before the court; (3) a concise statement of the facts; (4) the argument, which must refer to all statutes, rules, and authorities relied upon; and (5) when appropriate, whether there has been prior consultation with other parties and, if so, the views of other parties. (b) Joint or Unopposed Motions. If a motion is joint or unopposed, the caption and the body of the motion must so state. (c) Supplemental Authorities. If pertinent and significant authorities come to a party’s attention after the party’s final brief has been filed—or after oral argument but before a decision—a party may promptly advise the court by notice filed on the CM/ECF system setting forth the citations. The notice must state reasons for the supplemental citations, referring either to the page of the brief or to a point argued orally; if the supplemental citations refer to a brief, the notice must be linked in the CM/ECF system to that brief. The body of the notice must not exceed 350 words. Any response must be made within 5 days and must be similarly linked and limited. *** As adopted 8/26/24. RULE CR17.1 SUBPOENAS IN CRIMINAL CASES INVOLVING COURT-APPOINTED COUNSEL (a) Issuance of Subpoenas for Witness Testimony at a Hearing or Trial. In any criminal matter in which the defendant is represented by the Federal Public Defender or other court-appointed counsel, upon request of such counsel, the clerk shall issue a subpoena for witness testimony at a hearing or trial in blank, signed and sealed, to counsel without the necessity for an individual court order. By completing a blank subpoena, defense counsel represents that counsel believes the defendant is unable to pay the witness fees and that the presence of the witness is necessary to an adequate defense. Subpoenas issued under this subsection shall be deemed issued by court order pursuant to Fed. R. Crim. P. 17(b). (b) Service of Subpoenas. Upon presentation of such a subpoena, the United States Marshal shall serve it in the same manner as in other criminal cases pursuant to Fed. R. Crim. P. 17(b). (c) Process Costs and Witness Fees. The United States Marshal shall pay the process costs and fees of any witness subpoenaed pursuant to this rule as provided in Fed. R. Crim. P. 17(b) and 28 U.S.C. § 1825. (d) Subpoenas in Certain Hearings. A subpoena may not be issued under this rule to compel the attendance of a witness at a preliminary hearing, or any hearing related to pretrial detention, or revocation or modification of supervision. *** As adopted 8/26/24. RULE CR32.1 PRESENTENCE REPORTS (a) Sentencing Hearing. When a presentence investigation and report are made under Fed. R. Crim. P. 32(c), the sentencing hearing shall be scheduled no earlier than 70 days following entry of guilty plea or a verdict of guilty, unless otherwise requested by a party and ordered by the court. If the defendant and the defendant’s counsel consent, a presentence investigation may be commenced prior to a plea of guilty or nolo contendere or a conviction. (b) Delivery to Counsel. Delivering the defendant’s copy to the defendant’s counsel shall satisfy the requirement of furnishing the presentence report to the defendant for purposes of Fed. R. Crim. P. 32(e)(2). The probation officer’s recommendation, if any, on the sentence shall not be disclosed except upon an order issued by this court. (c) Sentencing Factors. After the final version of the presentence report has been provided to the parties, but no later than five days prior to the sentencing date, the attorney for the government and/or the attorney for the defendant may file with the court a written statement setting forth their respective positions in regard to the sentencing factors, and facts that have not been resolved, in accordance with Guideline 6A1.2 and 6A1.3 and any amendments of the United States Sentencing Commission Guidelines Manual. (d) Reports Made Available to U.S. Parole Commission or Bureau of Prisons. Any copy of a presentence report that the court makes available or has made available to the United States Parole Commission or to the Bureau of Prisons, constitutes a confidential court document and shall be presumed to remain under the continuing control of the court during the time it is in the temporary custody of those agencies. Such copies shall be provided to the Parole Commission and the Bureau of Prisons only for the purpose of enabling those agencies to carry out their official functions, including parole release and supervision, and shall be returned to the court after such use, or upon request. (e) Disclosure Under Subpoena. When a demand for disclosure of presentence and probation records is made by way of subpoena or other judicial process to a probation officer of this court, the probation officer may file a petition seeking instruction from the court with respect to responding to the subpoena. No disclosure shall be made except upon an order issued by this court. *** As amended 8/26/24. RULE CR44.2 APPEARANCE IN CRIMINAL CASES Retained attorneys appearing for defendants in criminal cases shall promptly file a written entry of appearance. An attorney seeking pro hac vice admission for a criminal case shall follow D. Kan. Rule 83.5.4. *** As amended 8/26/24. RULE CR44.3 WITHDRAWAL OF APPEARANCE An attorney who has appeared in a criminal case may withdraw in accordance with D. Kan. Rule 83.5.5(b)-(e) only. *** Adopted 3/17/09. Amended 8/26/24. RULE CR47.1 RELIEF FROM STATE DETAINERS No petition lodged or filed by a prisoner under the Interstate Agreement on Detainers (18 U.S.C., Appendix III) for relief of any sort from the effect of a state detainer shall be entertained unless (a) the petitioner has, at least 180 days prior to the date of lodging or filing his petition, given or sent to the warden or other official having petitioner’s custody for delivery to the prosecuting officer of the jurisdiction in which the case giving rise to the detainer is pending, and to the appropriate court, a written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information, or complaint upon which the detainer is based; and (b) the petitioner has not been brought to trial on such indictment, information, or complaint. *** RULE CR49.2 ELIGIBILITY, REGISTRATION, PASSWORDS Rule 5.4.1 applies except that a party to a criminal action who is not represented by an attorney may not register as a Filing User in the Electronic Filing System unless the court permits. *** Adopted 3/17/04. Amended 8/26/24. RULE CR49.6 SEALED DOCUMENTS (a) Procedure for Requesting Leave to File Under Seal. In criminal cases and except as described in (d) below, a party filing a motion for leave to file documents under seal must file that motion electronically, under seal, in the Electronic Filing System. The motion for leave to file under seal must attach as sealed exhibits the document(s) the party requests to be filed under seal. Finally, if required, the party must simultaneously provide the motion and document(s) it requests to be filed under seal to other parties in the case. (b) Order Granting Leave. If the court grants the motion for leave to file under seal, the assigned judge will enter electronically a text entry only order authorizing the filing of the document(s) under seal. The filing party must then file its document(s) electronically under seal and, if required, provide them to other parties in the case. Further, if required, the party must submit, via email to KSD_<Judge’sLastName>[email protected] a password protected proposed order (contact the clerk’s office to obtain the password). (c) Order Denying Leave. If the court denies the motion for leave to file under seal, the assigned judge will enter electronically an order denying the filing of the document(s) under seal. (d) Search Warrants and Orders for Electronic Evidence. Any application and warrant for search, seizure, and/or tracking devices, applications and orders obtained pursuant to 18 U.S.C. §§ 2703(d) and 3123, and affidavits in support of such applications shall be kept and retained under seal by the clerk against everyone except attorneys and employees of the U.S. Attorney’s Office. In the event that execution of the warrant results in the seizure of evidence later discoverable in a criminal proceeding, any duly appointed Assistant United States Attorney or Special Assistant United States Attorney is authorized to disclose the application, affidavit, and warrant or order to counsel for the defendant(s) without further authorization of the court and such documents will be unsealed when a return in filed absent a further order of the court. *** Adopted 3/17/09 (formerly D. Kan. S.O. 08-1). Amended 8/26/24. RULE CR49.6.1 COOPERATOR INFORMATION When defendants potentially or actually cooperate with the government, such cooperation may be disclosed in a variety of documents and pleadings, including but not limited to: plea agreements, sentencing memoranda, cooperation agreements, motions for downward departure, and motions to reduce sentence. For the protection and safety of defendants who potentially or actually cooperate with the government, any and all pleadings or documents referencing, discussing or reflecting any such potential or actual cooperation (“cooperator information”) shall be treated as follows. The clerk’s office will create a Restricted Document Folder in every felony criminal case as soon as practicable after case opening. In multi-defendant cases, a separate Restricted Document Folder will be created for each defendant. The docket entry and any documents the presiding judge orders filed in the Restricted Document Folder will be sealed and not reflected on the public docket sheet, nor will the docket sheet reflect any skipped numbers. Any and all pleadings or documents containing cooperator information must be submitted by the prosecutor and the defendant to the presiding judge’s chambers email account, for judicial review and determination whether placement in the Restricted Document Folder is warranted. The presiding judge will respond to the prosecutor and defendant by email, thus notifying them of the judge’s decision to place, or not place the submitted document(s) in the Restricted Document Folder. If the presiding judge determines the submitted document(s) should be placed in the Restricted Document Folder, the presiding judge shall forward the document(s) to the clerk’s office and will direct the clerk’s office to file such submitted document(s) in the Restricted Document Folder. If the presiding judge concludes the submitted document(s) should not be placed in the Restricted Document Folder, the document(s) will be returned by email to the prosecutor and defendant. In the District of Kansas, a Restricted Document Folder is created in every felony criminal case, whether or not the defendant is cooperating with the government. Thus the presence of this Restricted Document Folder does not mean that this defendant has or will cooperate with the government. *** Adopted 3/17/19. RULE CR53.1 DISSEMINATION OF INFORMATION (a) Prohibited Statements; Attorneys’ Obligations. (1) An attorney participating in or associated with a grand jury or other investigation of a criminal matter shall not make or participate in making any extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication and that does more than state without elaboration: (A) Information contained in a public record; (B) That the investigation is in progress; (C) The general scope of the investigation including a description of the offense, and if permitted by law, the identity of the victim; (D) A request for assistance in apprehending a suspect or assistance in other matters and the information necessary thereto; or (E) A warning to the public of any dangers. (2) An attorney associated with the prosecution or defense of a criminal case to be tried by a jury shall not make or participate in making any extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication that relates to: (A) The character, reputation, or prior criminal record (including arrests, indictments, or other charges of crime) of the accused; (B) The possibility of a plea of guilty to the offense charged or to a lesser offense; (C) The existence or contents of any confession, admission, or statement given by the accused or his refusal or failure to make a statement; (D) The performance or results of any examinations or tests or the refusal or failure of the accused to submit to examination or tests; (E) The identity, testimony, or credibility of a prospective witness; (F) Any opinion as to the guilt or innocence of the accused, the evidence, or the merits of the case. (3) Subsection (a)(2) above does not preclude an attorney from announcing: (A) The name, age, residence, occupation, and family status of the accused; (B) Any information necessary to aid in the apprehension of an accused or to warn the public of any dangers he may present; (C) A request for assistance in obtaining evidence; (D) The identity of the victim of the crime; (E) The fact, time and place of arrest, resistance, pursuit, and use of weapons; (F) The identity of investigating and arresting officers or agencies, and the length of the investigation; (G) The nature, substance, or text of the charge; (H) Quotations from or references to public records of the court in the case; (I) The scheduling or result of any step in the judicial proceedings; (J) That the accused denies the charges made against him. (4) The foregoing provisions of this rule do not preclude an attorney from replying to charges of misconduct publicly made against them or from participating in the proceedings of legislative, administrative, or other investigative bodies. (b) Attorneys’ Employees and Associates. An attorney must exercise reasonable care to prevent their employees and associates from making any extrajudicial statement that the attorney would be prohibited from making under this rule. (c) Fed. R. Crim. P. 6(e)(3) Materials. Matters required to be filed with the District Court pursuant to Fed. R. Crim. P. 6(e)(3) shall be first presented to the District Court before whom was impaneled the grand jury whose material has been disclosed. The disclosure should include all persons who will have access to the grand jury material except those who are under the immediate supervision of the attorney for the government or the government personnel to whom disclosure is reported. In the event the court directs the filing of the disclosure with the clerk’s office, it shall be sealed by the clerk and not released except by order of the court for good cause. (d) Closure of Proceedings. All criminal proceedings shall be held in open court unless otherwise provided by law or ordered by the court. *** As amended 8/26/24. RULE CR58.1 PAYMENT OF A FIXED SUM IN LIEU OF APPEARANCE IN CERTAIN PETTY OFFENSE CASES A person charged in this district with the commission of specified petty offenses may pay a fixed sum to the clerk of this court in lieu of appearance before a judge or a magistrate judge. For the purposes of this rule, the Central Violations Bureau for the Tenth Circuit may act as agent for the clerk of the court. Payment of the fixed sum to the clerk signifies that the person charged with the petty offense does not contest the charge nor request a trial, and is tantamount to the entry of a plea of guilty. The amount so paid must be forfeited to the United States of America. *** NOTE: The following categories of alleged offenders must appear for trial: (a) Persons charged with any offense not listed in the standing order. (b) Persons charged with an offense resulting in personal injury, death, or property damage in excess of $100. (c) Persons charged with any listed offense may be required to appear before a judge or magistrate judge if in the opinion of the law enforcement officer the circumstances surrounding the alleged offense are aggravated. *** -XVI- STANDING ORDERS IN THE UNITED STATES DISTRICT COURT AND IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS IN THE MATTER OF THE KANSAS BAR ASSOCIATION’S PILLARS OF PROFESSIONALISM MEMORANDUM AND ORDER This matter is pending before the District and Bankruptcy Courts of the District of Kansas on the recommendation of the Court’s Bench Bar Committee’s Rule 1 Working Group on Professionalism and Sanctions and affirmed by the District Court’s Bench-Bar Committee to “adopt” the Kansas Bar Association’s “Pillars of Professionalism.” The “Pillars of Professionalism” were suggested to the Kansas Bar Association by the late Kansas Supreme Court Chief Justice Robert E. Davis as a means of providing an inspirational and aspirational set of guidelines for lawyers across the State of Kansas. The Kansas Bar Association appointed a Commission on Professionalism and the Bar composed of lawyers and judges from around the state. This group worked over months to draft these goals. After consideration, the Board of Governors of the Kansas Bar Association approved and adopted the “Pillars of Professionalism” at their annual meeting on June 15, 2012. Subsequently, the Kansas Supreme Court issued an order on September 28, 2012 adopting the aspirational goals contained in the Pillars. The District and Bankruptcy Courts have considered the recommendation of the Rule 1 Working Group and adopt the attached “Pillars of Professionalism” as aspirational goals to guide lawyers in their pursuit of civility, professionalism and service to the public. IT IS SO ORDERED. The Clerks of the respective courts are directed to file this Memorandum and Order as a permanent record of the court and publicize it on the courts’ website or otherwise publish at the Court’s discretion. DATED this 19th day of October, 2012. s/ Kathryn H. Vratil s/ Robert E. Nugent KATHRYN H. VRATIL ROBERT E. NUGENT Chief District Judge Chief Bankruptcy Judge *** Pillars of Professionalism* Professionalism focuses on actions and attitudes. A professional lawyer behaves with civility, respect, fairness, learning and integrity toward clients, as an officer of the legal system, and as a public citizen with special responsibilities for the quality of justice. Admission to practice law in Kansas carries with it not only the ethical requirements found in the Kansas Rules of Professional Conduct, but also a duty of professionalism. Law students who aspire to be members of the Kansas bar should also heed these guidelines. Kansas lawyers have a duty to perform their work professionally by behaving in a manner that reflects the best legal traditions, with civility, courtesy, and consideration. Acting in such a manner helps lawyers preserve the public trust that lawyers guard and protect the role of justice in our society. Lawyers frequently interact with clients, courts, opposing counsel and parties, and the public at large. A lawyer’s actions also reflect on the entire legal profession. With those interactions in mind, the following Pillars of Professionalism have been prepared. These Pillars should guide lawyers in striving for professionalism. With respect to clients: 1. Respect your clients’ goals and counsel them about their duties and responsibilities as participants in the legal process. Treat clients with courtesy, respect, and consideration. 2. Be candid with clients about the reasonable expectations of their matter’s results and costs. 3. Encourage clients to act with civility by, for example, granting reasonable accommodations to opponents. Maintaining a courteous relationship with opponents often helps achieve a more favorable outcome. Counsel clients against frivolous positions or delaying tactics, which are unprofessional even if they may not result in sanctions. 4. Counsel clients about the risks and benefits of alternatives before making significant decisions. Act promptly to resolve the matter once the relevant facts have been obtained and a course of action determined. 5. Communicate regularly with clients about developments. Keep them informed about developments, both positive and negative. With respect to courts: 1. Treat judges and court personnel with courtesy, respect, and consideration. 2. Act with candor, honesty, and fairness toward the court. 3. Counsel clients to behave courteously, respectfully, and with consideration toward judges and court personnel. 4. Accept all rulings, favorable or unfavorable, in a manner that demonstrates respect for the court, even if expressing respectful disagreement with a ruling is necessary to preserve a client’s rights. With respect to opposing parties and counsel: 1. Be courteous, respectful, and considerate. If the opposing counsel or party behaves unprofessionally, do not reciprocate. 2. Respond to communications and inquiries as promptly as possible, both as a matter of courtesy and to resolve disputes expeditiously. 3. Grant scheduling and other procedural courtesies that are reasonably requested whenever possible without prejudicing your client’s interests. 4. Strive to prevent animosity between opposing parties from infecting the relationship between counsel. 5. Be willing and available to cooperate with opposing parties and counsel in order to attempt to settle disputes without the necessity of judicial involvement whenever possible. With respect to the legal process: 1. Focus on the disputed issues to avoid the assertion of extraneous claims and defenses. 2. Frame discovery requests carefully to elicit only the information pertinent to the issues, and frame discovery responses carefully to provide that which is properly requested. 3. Work with your client, opposing counsel, nonparties, and the court to determine whether the need for requested information is proportional to the cost and difficulty of providing it. 4. Maintain proficiency, not only in the subject matter of the representation, but also in the professional responsibility rules that govern lawyers. 5. Be prepared on substantive, procedural, and ethical issues involved in the representation. With respect to the profession and the public: 1. Be mindful that, as members of a self-governing profession, lawyers have an obligation to act in a way that does not adversely affect the profession or the system of justice. 2. Be mindful that, as members of the legal profession, lawyers have an obligation to the rule of law and to ensure that the benefits and the burdens of the law are applied equally to all persons. 3. Participate in continuing legal education and legal publications to share best practices for dealing ethically and professionally with all participants in the judicial system. 4. Take opportunities to improve the legal system and profession. 5. Give back to the community through pro bono, civic or charitable involvement, mentoring, or other public service. 6. Defend the profession and the judiciary against unfounded and unreasonable attacks and educate others so that such attacks are minimized or eliminated. 7. Be mindful of how technology could result in unanticipated consequences. A lawyer’s comments and actions can be broadcast to a large and potentially unanticipated audience. 8. In all your activities, act in a manner which, if publicized, would reflect well on the legal profession. *The late Chief Justice Robert E. Davis (1937-2010) inspired these pillars of professionalism. The Chief Justice “always maintained his sense of grace and civility” and was a model of professionalism. See 79 J. Kan. B. Ass’n. 10 (Oct. 2010). Chief Justice Davis cited the pillars in the Ralph Waldo Emerson poem “A Nation’s Strength” to inspire and recognize the staff of the Kansas Legal Services and, thus we believe it is fittingly used here. See 79 J. Kan. B. Ass’n. 9 (Jan. 2010). We dedicate these pillars of professionalism to the memory of Chief Justice Davis. *** A list of Standing Orders is available at the District of Kansas website: http://ksd.uscourts.gov/index.php/local-rules/ 4/1/2026