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Rule 135

Rule 135: Written Discovery: Form and Limitations

Section District Courts
(a)   Interrogatories.

(1)   Form. An interrogatory must:

(A)   state the question in clear, concise language; and

(B)   leave sufficient space after the question to insert an answer.

(2)   Service. The original must be served on adverse counsel, or the opposing party if unrepresented, and copies must be served on all counsel of record and unrepresented parties not in default for failure to appear.

(3)   Number Limited in Chapter 60 Damage Action. Unless the court orders otherwise, the number of interrogatories in a damage action under K.S.A. Chapter 60 is limited to 30, counting subparagraphs. 

(b)   Responses to Interrogatories.

(1)   Form. If an answer does not fit in the space provided, it must be attached as an appendix and clearly identified by number.

(2)   Service. The original, with answers inserted or attached under paragraph (1), must be served on counsel for the party propounding the interrogatories and copies must be served on all counsel of record and unrepresented parties not in default for failure to appear.

(c)   Alternative Service Method for Written Discovery, Requests, and Responses. In lieu of service by mail, interrogatories, a request for production, and a request for admission, and responses to them, may be served as an attachment—in a commonly used word processing format—to an electronic mail transmission.

[History: Amended effective August 25, 1987; Am. effective September 8, 2006; Am. (a) and (c) effective July 30, 2009; Restyled rule and amended effective July 1, 2012.]

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