DCR 3.204 Sanctions

(a) Sanctions Under These Rules, K.S.A. 60-211, and Other Rules and Statutes.

(1) On Court's Own Initiative. The Court, upon its own initiative, may issue an order to show cause why sanctions should not be imposed against a party and/or an attorney for violation of these rules, K.S.A. 60-211, or other provisions of the Kansas rules or statutes. The Court shall state the reasons therein for issuing the show cause order. Unless otherwise ordered, all parties may respond within fourteen (14) days after the filing of the order to show cause. The responses may include affidavits and documentary evidence as well as legal arguments.
(2) On a party's Motion. The issue of sanctions may be raised by a party's motion and responded to in the same manner as specified above.
(3) Procedure. The Court may rule forthwith on either or both of the issues of violation and of the nature and extent of any sanction imposed as raised in its order to show cause or a party's motion and responses thereto. Discovery and evidentiary hearings on the question of sanctions will be permitted only when ordered by the Court. In ruling on the imposition of sanctions, the Court shall articulate the factual and legal basis for its decision.

(b) Imposition of Sanctions. In addition to the sanctions provided for violations of K.S.A. 60-211 and other Kansas rules and statutes, for violation of a local rule or order of the court, the court may make such orders as are just under the circumstances of the case, including but not limited to the following:

(1) An order that designated matters or facts shall be taken as established for purposes of the action:
(2) An order refusing to allow the failing party to support or oppose designated claims or defenses, or prohibiting it from offering specified witnesses or introducing designated matters in evidence;
(3) An order striking pleadings or parts thereof, or staying proceedings until the rule is complied with, or dismissing the action or any part thereof, or rendering a judgment by default against the failing party;
(4) An order imposing costs, including attorney's fees, against the party, or its attorney, who has failed to comply with a local rule.

(c) Sanction Within the Discretion of the Court. In considering the imposition of sanctions, the Court may consider whether a party's failure was substantially justified or whether other circumstances make the imposition of sanctions inappropriate.

Revised: August 18, 2010