Practice Pointers … Did you know?

Interrogatories, requests for production, and requests for admission may be served as an attachment to an e-mail in a commonly used word processor format. See Kan. Sup. Ct. Rule 135(c). This recent amendment would eliminate the need for the original set to have “appropriate space for the answer” and save some paperwork.

A deposition recorded by a stenographer may also be recorded on videotape by any party “by giving notice to the other parties prior to the deposition”. See K.S.A. 60-233(b)(3). No surprise video depositions in state court.

Many practitioners draw a distinction between discovery depositions and trial depositions. There is no such distinction in the Kansas civil code. K.S.A. 60-232 provides that a deposition may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice of the deposition. However, the offering party must meet the requirements of K.S.A. 60-232 and the evidence code if any objection is made.

The medical examination provided by K.S.A. 60-235 is not called an “independent” medical examination in the statute. It is time to drop the misnomer and call it what it is.

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