Judge Jon J. Olafson
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Communication
Chambers, Clerk
Phone
Chambers, Clerk
Page & Word Limits6 rules
For all motions and responsive briefs not under C.R.C.P. 12(b)(1) or (2) or 56, the page limit is 15 pages, with reply briefs limited to 10 pages, not including the case caption, signature block, certificate of service, and attachments.
- Brief
- Up to 15 pages
- Reply brief
- Up to 10 pages
Excluded from page count
- •Caption
- •Signature block
- •Certificates
- •Attachments
is 25 pages, with reply briefs limited to 10 pages, not including the case caption, signature block, certificate of service, and attachments.
- Brief
- Up to 25 pages
- Reply brief
- Up to 10 pages
Excluded from page count
- •Caption
- •Signature block
- •Certificates
- •Attachments
Trial briefs must be filed no later than 7 days before the trial date and shall not exceed five pages in length.
- Trial brief
- Up to 5 pages
For all motions and responsive briefs under C.R.C.P. 12(b)(1) or (2) or 56, the page limit is 25 pages, with reply briefs limited to 10 pages, not including the case caption, signature block, certificate of service, and attachments.
- Motion or responsive brief
- Up to 25 pages
- Reply brief
- Up to 10 pages
Excluded from page count
- •Caption
- •Signature block
- •Certificates
- •Attachments
For all motions and responsive briefs not under C.R.C.P. 12(b)(1) or (2) or 56, the page limit is 15 pages, with reply briefs limited to 10 pages, not including the case caption, signature block, certificate of service, and attachments.
- Motion or responsive brief
- Up to 15 pages
- Reply brief
- Up to 10 pages
Excluded from page count
- •Caption
- •Signature block
- •Certificates
- •Attachments
Trial briefs must be filed no later than 7 days before the trial date and shall not exceed five pages in length.
- Trial brief
- Up to 5 pages
Document Format Requirements2 rules
Exhibits must be pre-marked with a party-specific numbering scheme and the civil action number on each label.
- Exhibits
Formatting
- •All exhibits must be pre-marked
- •Plaintiffs will use numbers; defendants will use letters
Court's wording
All exhibits must be pre-marked. Plaintiffs will use numbers; defendants will use letters. Plaintiffs and defendants shall not mix numbers and letters, even for related exhibits (e.g. 1(a), 1(b), 1(c), etc.). The civil action number of the case should also be placed on each of the exhibit labels.
Exhibits must be pre-marked; plaintiffs use numbers, defendants use letters, no mixing, and labels must include the civil action number.
- Exhibits
Formatting
- •All exhibits must be pre-marked
- •Plaintiffs will use numbers; defendants will use letters
Court's wording
All exhibits must be pre-marked. Plaintiffs will use numbers; defendants will use letters. Plaintiffs and defendants shall not mix numbers and letters, even for related exhibits (e.g. 1(a), 1(b), 1(c), etc.). The civil action number of the case should also be placed on each of the exhibit labels.
Document Filing Requirements70 rules
Parties must confer face-to-face or by telephone; letters/emails are insufficient, unsuccessful attempts must be detailed in the certification, and noncompliant pleadings will be stricken.
- Document
- Pleading
Must include
- •Certificate of conference
Court's wording
It is the expectation of the Court that parties confer either face-to-face or on the telephone; the Court regards a letter or e-mail message to constitute “notice,” but not a sufficient attempt to confer. If attempts to confer are unsuccessful, the certification must describe the attempts in detail. Any pleading not in compliance with C.R.C.P. 121 and this Order will be stricken.
Parties must confer meaningfully before filing; a certification based on contact made fewer than 24 hours before filing is per se not a good faith effort.
Court's wording
Parties are expected to initiate meaningful efforts to confer well enough before the anticipated filing date to enable two-way communication. Certification that a telephone call, e-mail, or fax was directed to the opposing party fewer than 24 hours before the pleading was intended to be filed and “no response” was received is per se not a good faith meaningful effort.
Regarding written discovery, once the matter is set, the parties must jointly prepare a discovery dispute chart at least 48 hours before the hearing that contains a summary of the nature of the dispute.
Parties shall not include lengthy legal or factual arguments in the discovery dispute chart. One or two sentences about the relevance of the cited authority will be sufficient.
Each motion for summary judgment shall include a statement of undisputed material facts, devoid of argument, with each distinct statement of fact placed in a separate individually numbered paragraph that contains a citation to the proper supporting summary judgment proof.
- Document
- Summary judgment motion
Must include
- •Statement of facts
A discovery response promising future production is treated as no response unless it provides a specific reason for the delay and a specific production date.
Court's wording
A discovery response that does not provide the information or material requested but promises to do so at some point in the future will be treated as the equivalent of no response unless the party so responding provides a specific reason for the information not being produced as required by the Colorado Rules of Civil Procedure, and also provides a specific date by which such information will be produced.
A party asserting privilege or work product protection must produce a detailed privilege log with the C.R.C.P. 26(b)(5) information, date, authors and recipients, and privilege claimed; failure to comply waives the privilege.
Court's wording
Whenever a party objects to discovery based upon a claim of attorney/client privilege, work product protection, or any other privilege or protection, that party shall produce a detailed privilege/protection log that includes at least the following for each such item for which privilege is claimed: a. The information required by C.R.C.P. 26(b)(5); b. The date of the information or material; c. All authors and recipients; and d. The specific privilege or protection which is claimed. The proponent of the privilege has the burden of establishing that privilege. Failure to comply with this paragraph 5 and Order for Discovery Protocol will constitute a waiver of the claimed privilege.
Parties must jointly prepare a discovery dispute chart at least 48 hours before the hearing, containing a summary of the dispute and specified columns for each discovery request.
Court's wording
With regard to written discovery, once the matter is set, the parties must jointly prepare a discovery dispute chart at least 48 hours before the hearing that contains a summary of the nature of the dispute. The elements of the chart are as follows: No./Type of Disputed Problem(s) with Justification for Discovery Response(s) or Response(s) and Relevant Response(s) and Request Objection(s) Authority Relevant Authority
Parties must confer meaningfully before filing, and a certification based only on a <24-hour no-response contact is per se not good faith.
- Document
- Pleading
- Placement
- Certificate section
Court's wording
Parties are expected to initiate meaningful efforts to confer well enough before the anticipated filing date to enable two-way communication. Certification that a telephone call, e-mail, or fax was directed to opposing counsel fewer than 24 hours before the pleading was intended to be filed and “no response” was received is per se not a good faith meaningful effort.
It is the expectation of the Court that counsel confer either face-to-face or on the telephone; the Court regards a letter or e-mail message to constitute “notice,” but not a sufficient attempt to confer. If attempts to confer are unsuccessful, the certification must describe the attempts in detail.
- Placement
- Certificate section
Must include
- •Certificate of conference
Attorneys are required to meet and confer in good faith, preferably in person, regarding jury instructions.
The requirements of C.R.C.P. 121(1-15) concerning the time for filing motions and the content and length of briefs will be strictly enforced.
No reply to motions in limine shall be allowed unless ordered by the Court.
If an expedited ruling is required, the moving party must specifically request an expedited schedule in the original motion and contact the Clerk for Courtroom 409 to advise of this request.
Parties must submit a joint proposed initial draft of the final jury instructions.
Court's wording
a joint proposed initial draft of the final jury instructions directly to the court via e- mail to the Court’s division staff at 02courtroom409@judicial.state.co.us and file it no later than 21 days prior to the scheduled trial.
If either counsel has an objection to a submitted instruction, the nature of the objection shall be briefly stated on the initial draft submitted to the Court, along with a brief statement of authority.
Each proposed jury instruction must be labeled at the bottom as Stipulated, Competing, or Non-Stipulated, and competing/non-stipulated instructions must identify the tendering party.
Court's wording
Please provide a label at the bottom of each proposed instruction (immediately preceding the legal authority), identifying the proposed instruction as “Stipulated,” “Competing,” or “Non-Stipulated,” and, in the case of Competing or Non-Stipulated instructions, to also identify the party tendering the instruction (e.g., “Plaintiff’s Competing Instruction,” “Defendant’s Non-Stipulated Instruction”).
Counsel shall prepare a joint index of exhibits that counsel expects to offer.
If no stipulation is reached, each party's counsel must submit its own proposed 2:1 'Claims of the Parties' instruction.
Court's wording
Unless a stipulation can be reached, counsel for both parties shall be responsible for submitting their own version of a proposed 2:1 instruction under the “Claims of the Parties” instruction, and the Court will either choose between those submitted instructions or prepare its own.
Where disputes exist, each disputed instruction should contain, at the bottom of the instruction, a brief statement describing the dispute, identifying any supporting case law, and quoting the specific portion of the case supporting the parties’ respective position(s).
At the same time, the Parties shall also submit proposed verdict forms that conform to the proposed instructions.
Please note: the Court does not need, nor will it accept, basic introductory or closing instructions, oaths, admonitions, lengthy annotations, or like instructions.
Case Management Order must include a specific setting/trial date and specific dates for all deadlines; failure to include all specific dates requires re-submission.
Court's wording
In accordance with C.R.C.P. 16, the CMO shall contain a specific setting date or trial date and the case shall be set for trial not later than 14 days from the date the case is at issue. The Case Management Order must also contain specific and certain dates for all deadlines. To help prevent continuances that could be avoided in advance, the Court strongly encourages the parties to double and triple check their schedules to ensure no conflicts with deadlines. Failure to include all specific dates in the proposed Case Management Order will require the parties to re-submit their proposed Case Management Order to include specific dates.
If all parties have not participated in the preparation of a proposed Case Management Order, that fact shall be noted in the title of the Proposed Case Management Order.
Do not submit documents for in camera review without first obtaining permission by the Court.
While the drafting of the discovery dispute chart should be completed collaboratively, the moving party shall file the discovery dispute chart.
If an expedited ruling is required, the moving party must specifically request an expedited schedule in the original motion and contact the division staff for Courtroom 409 to advise of this request.
Facts stated in an argumentative manner are discouraged. Voluminous exhibits are discouraged. Parties shall limit exhibits to essential portions of the subject document.
C.R.C.P. 8(b) requires a party to “state in short and plain terms [their] defense to each claim asserted.”
All parties must participate in the preparation of the proposed Trial Management Order. The Court will hold an in-person hearing before trial to go over this order and to finalize trial procedures. All lead counsel or party must attend this hearing.
the 2015 Comment to Rule 12: “[t]he practice of pleading every affirmative defense listed in Rule 8(c), irrespective of a factual basis, is improper under C.R.C.P. 11(a).”
Parties must jointly prepare a witness list for the Court to read to the jury; it may include names and titles/degrees/employment but no other identifying information.
Court's wording
The parties shall jointly prepare a list of witnesses that will and may be called that the Court can read to the jury at the beginning of the trial. In addition to listing the names of the witnesses, the list may also specify the witnesses’ title or degree and employment (e.g. Dr. Matinez, M.D., Children’s Hospital) but no other identifying information should be included (e.g. address, phone number etc.).
To the maximum extent possible, the parties shall agree on one stipulated set of proposed jury instructions; only true conflict or uncertainty is binding substantive law should prevent such agreement.
disputes exist, the jointly drafted 2:1 instruction should also contain a brief description of the disputes of the parties at the bottom of the instruction, along with a description of any supporting case law.
the parties shall confer and prepare a joint order of proof that identifies each party’s good-faith estimate of the order in which witnesses will be presented and shall specify separately the time required for direct and cross-examination of each witness. The time estimates must include re-direct examination. In no event may the cumulative time for witness examination exceed
If either partyde has an objection to a submitted instruction, the nature of the objection shall be briefly stated on the initial draft submitted to the Court, along with a brief statement of authority.
By initial draft, the Court means a single document jointly drafted by the parties, with a brief description of any dispute between the parties.
At the same time, the Parties shall also submit proposed verdict forms that conform to the proposed instructions.
Each proposed jury instruction must be labeled 'Stipulated,' 'Competing,' or 'Non-Stipulated' at the bottom, with the tendering party identified for Competing or Non-Stipulated instructions.
Court's wording
Please provide a label at the bottom of each proposed instruction (immediately preceding the legal authority), identifying the proposed instruction as “Stipulated,” “Competing,” or “Non-Stipulated,” and, in the case of Competing or Non-Stipulated instructions, to also identify the party tendering the instruction (e.g., “Plaintiff’s Competing Instruction,” “Defendant’s Non-Stipulated Instruction”).
On this joint filing, please indicate which exhibits are stipulated. Please also allow space for the Court to notate which exhibits are admitted at trial.
Attorneys are required to meet and confer in good faith, preferably in person, regarding jury instructions.
the Court does not need, nor will it accept, basic introductory or closing instructions, oaths, admonitions, lengthy annotations, or like instructions.
Special jury instructions patterned after caselaw must be accompanied by a brief statement of authority.
Court's wording
The Court does not favor, and rarely gives, special instructions patterned after caselaw. Any such instructions shall be accompanied by a brief statement of authority, in compliance with the requirements for the initial draft.
Before trial begins, a party must provide the Court with copies of all depositions likely to be used at the trial, as either direct evidence or impeachment.
The joint order of proof must account for trial time components and identify each party's witnesses for their cases-in-chief.
Court's wording
account for the time necessary for jury selection, opening statements, regularly scheduled breaks, the jury instruction conference, and closing arguments. Please also indicate on the joint order of proof those witnesses that are to be called by each party in their respective cases-in-chief.
Deposition objections must cite page, line, and specific evidentiary grounds.
Court's wording
A party must make objections to all or part of the offered deposition testimony no later than 21 days prior to trial and must cite page, line, and the specific evidentiary grounds supporting the objection.
They should be concise and should not repeat previously filed pleadings or motions.
For court trials, the parties should be prepared to file proposed findings of fact and conclusions of law upon the conclusion of the presentation of evidence. The proposed factual findings shall be specific, cited, and supported by evidence elicited at trial. Findings of fact must not be argumentative. The Court will discuss its expectations with the parties at the conclusion of evidence.
A certification of compliance with this portion of the Order shall be filed.
Discovery objections must be based on law, consistent with the mandates of the Colorado Rules of Civil Procedure and should be clearly articulated. The parties should refrain from interposing repeated boilerplate type objections such as “overbroad, unduly burdensome, vague, ambiguous, not reasonably calculated to lead to the discovery of admissible evidence” and other similar objections. In the event any such objections are made, they shall be followed by a clear and precise explanation of the legal and factual justification for raising such an objection. Additionally, if the objecting party otherwise responds to the discovery request but does so subject to or without waiving such an objection, that party shall describe with reasonable specificity the information that may be available but is not provided because of the objection raised.
Parties shall not include lengthy legal or factual arguments in the discovery dispute chart. One or two sentences about the relevance of the cited authority will be sufficient. Be prepared to present a more thorough argument at the hearing.
The joint discovery dispute chart must contain a summary of the nature of the dispute.
Court's wording
With regard to written discovery, once the matter is set, the parties must jointly prepare a discovery dispute chart at least 48 hours before the hearing that contains a summary of the nature of the dispute.
Parties shall not include lengthy legal or factual arguments in the discovery dispute chart. One or two sentences about the relevance of the cited authority will be sufficient.
While the drafting of the discovery dispute chart should be completed collaboratively, the moving party shall file the discovery dispute chart.
Do not submit documents for in camera review without first obtaining permission to do so by the Court.
E-file a Notice of a Request for Protective Order which will include a brief description of item(s) being withheld; the reason(s) the items are being withheld; and the relief requested;
To the maximum extent possible, the parties shall agree on one stipulated set of proposed jury instructions; only true conflict or uncertainty is binding substantive law should prevent such agreement.
Discovery in all cases will be conducted subject to the provisions of the Court ordered Discovery Protocol attached.
Affirmative defenses must be stated in short and plain terms per C.R.C.P. 8(b); counsel should be aware of C.R.C.P. 9 and the 2015 Comment to Rule 12.
Court's wording
C.R.C.P. 8(b) requires a party to “state in short and plain terms [their] defense to each claim asserted.” Please also be aware of C.R.C.P. 9 and its requirements for affirmative defenses. Finally, please note the 2015 Comment to Rule 12: “[t]he practice of pleading every affirmative defense listed in Rule 8(c), irrespective of a factual basis, is improper under C.R.C.P. 11(a).”
Special instructions patterned after caselaw must be accompanied by a brief statement of authority.
Court's wording
The Court does not favor, and rarely gives, special instructions patterned after caselaw. Any such instructions shall be accompanied by a brief statement of authority, in compliance with the requirements for the initial draft.
Counsel must jointly prepare a witness list of witnesses that will and may be called, in addition to any prior designation.
Court's wording
Each counsel shall jointly prepare a list of witnesses that will and may be called that the Court can read to the jury at the beginning of the trial. The list shall be in addition to any prior designation of witnesses.
Deposition objections must cite page, line, and specific evidentiary grounds.
Court's wording
Counsel must make objections to all or part of the offered deposition testimony no later than 21 days prior to trial and must cite page, line, and the specific evidentiary grounds supporting the objection.
Filing & Service rules
Electronic Filing Rules
Parties withholding records under C.R.C.P. 16.1(k)(1)(B)(i)/(ii) must e-file a Notice of a Request for Protective Order.
Any party who is seeking not to produce specific records set forth in C.R.C.P. 16.1(k)(1)(B)(i) and/or (ii) shall: a. E-file a Notice of a Request for Protective Order which will include a brief description of item(s) being withheld; the reason(s) the items are being withheld; and the relief requested;
Page 6
Written motions for protective orders are not accepted; the e-filed Notice procedure is used instead.
Motions for Protective Order will be treated as a disputed discovery issue. No written motions will be accepted.
Page 6
Filing Timing and Cure Windows
The Responsible Attorney must file and serve a Notice to Set and complete trial setting no later than 14 days from the date the case is at issue.
The Responsible Attorney as defined in C.R.C.P. 16(b)(2) must file and serve a Notice to Set the case for trial and must complete the setting of the trial no later than 14 days from the date the case is at issue.
Civil cases
Page 3 | III. CASE MANAGEMENT ORDER
Discovery dispute chart must be jointly prepared at least 48 hours before the hearing.
Regarding written discovery, once the matter is set, the parties must jointly prepare a discovery dispute chart at least 48 hours before the hearing that contains a summary of the nature of the dispute.
Civil cases
Page 4 | IV. CASE PREPARATION REQUIREMENTS
Summary judgment motions must be filed at least 91 days before trial; late filings may be summarily denied as untimely.
Motions for summary judgment must be filed at least 91 days (13 weeks) before trial. The Court will generally not grant extensions of time to file summary judgment motions. The late filing of motions for summary judgment does not permit the Court sufficient time to rule in advance of trial. A motion filed outside of this time limit may be summarily denied as untimely.
Civil cases
Page 6 | Pretrial Motions
All other pretrial motions, including motions in limine, must be filed no less than 35 days before trial; late filings may be summarily denied as untimely.
All other pretrial motions, including motions in limine, must be filed no less than 35 days before trial. Written responses to motions in limine may be filed no later than 14 days after the motion is filed. No reply to motions in limine shall be allowed unless ordered by the Court. A motion filed outside of this time limit may be summarily denied as untimely.
Civil cases
Page 6 | Pretrial Motions
C.R.E. 702 expert admissibility motions must be filed no later than 70 days before trial; late filings may be summarily denied as untimely.
Motions challenging the admissibility of expert testimony pursuant to C.R.E. 702 must be filed no later than 70 days (10 weeks) before the trial. Any response shall be filed within 21 days of the date of the filing of the motion. Any reply shall be filed within 7 days of the filing of the response. A motion filed outside of this time limit may be summarily denied as untimely.
Civil cases
Page 6 | Pretrial Motions
Applications for default must be filed within 14 days after default occurs.
Application for default shall be filed within 14 days after default has occurred.
Civil cases
Page 7 | III. CASE MANAGEMENT ORDER
The proposed Trial Management Order must be filed at least 35 days before trial and comply with C.R.C.P. 16.
The proposed Trial Management Order must comply with the requirements of C.R.C.P. 16, as amended, and must be filed at least 35 days before trial.
Civil cases
Page 7 | III. CASE MANAGEMENT ORDER
Returns of service on all defendants must be filed within 63 days after the complaint is filed; failure may result in a show cause order.
Returns of Service on all defendants shall be filed within 63 days after the date of the filing of the complaint.
Civil cases
Page 7 | III. CASE MANAGEMENT ORDER
Plaintiff's counsel or pro se plaintiff must submit and file the joint proposed initial draft of final jury instructions no later than 21 days before trial, or as determined at the Trial Management Conference.
Counsel for the plaintiff or pro se plaintiff is required to submit a joint proposed initial draft of the final jury instructions directly to the court via e-mail to the Court’s division staff at 02courtroom409@judicial.state.co.us and file it no later than 21 days prior to the scheduled trial or as determined by the Court in the Trial Management Conference.
Civil cases
Page 8 | V. TRIAL PREPARATION CHECKLIST
The joint exhibit list must be filed no later than 28 days before trial.
The joint exhibit list shall be filed and submitted directly to the court via e-mail to the Court’s division staff at 02courtroom409@judicial.state.co.us no later than 28 days prior to the scheduled trial.
Civil cases
Page 8 | V. TRIAL PREPARATION CHECKLIST
Witness lists and order of proof must be filed and emailed to the Court's division staff no later than 28 days before trial.
The witness lists and order of proof shall be filed and emailed to the Court’s division staff at 02courtroom409@judicial.state.co.us no later than 28 days prior to the scheduled trial.
Civil cases
Page 9
Objections to deposition testimony must be made no later than 21 days before trial.
A party must make objections to all or part of the offered deposition testimony no later than 21 days prior to trial and must cite page, line, and the specific evidentiary grounds supporting the objection.
Civil cases
Page 9
Trial briefs must be filed no later than 7 days before trial.
Trial briefs must be filed no later than 7 days before the trial date and shall not exceed five pages in length.
Civil cases
Page 9
A party using depositions in lieu of live testimony must notify the opposing party no later than 28 days before trial.
If a party intends to use depositions in lieu of live testimony, said party must notify the opposing party no later than 28 days prior to trial.
Civil cases
Page 9
Documents confirming settlement must be filed no later than 14 days from the date of settlement, unless the Court orders otherwise.
All documents confirming settlement shall be filed not later than 14 days from the date of settlement, unless otherwise ordered by the Court.
Civil cases
Page 11 | VII. SETTLEMENT
Parties must notify the Court within 24 hours of settlement or resolution of the case.
The parties are to notify the Court within 24 hours of settlement or resolution of the case.
Civil cases
Page 11 | VII. SETTLEMENT
The discovery dispute chart must be jointly prepared at least 48 hours before the hearing.
With regard to written discovery, once the matter is set, the parties must jointly prepare a discovery dispute chart at least 48 hours before the hearing
Civil cases
Page 1 | No Written Discovery Motions
Parties must jointly prepare a discovery dispute chart at least 48 hours before the discovery hearing.
With regard to written discovery, once the matter is set, the parties must jointly prepare a discovery dispute chart at least 48 hours before the hearing that contains a summary of the nature of the dispute.
Page 4 | IV. CASE PREPARATION CHECKLIST
Summary judgment motions must be filed at least 91 days before trial; extensions are generally not granted and late motions may be summarily denied as untimely.
Motions for summary judgment must be filed at least 91 days (13 weeks) before trial.
Page 6
Motions challenging expert testimony admissibility under C.R.E. 702 must be filed no later than 70 days before trial.
Motions challenging the admissibility of expert testimony pursuant to C.R.E. 702 must be filed no later than 70 days (10 weeks) before the trial.
Page 6
Any response to a C.R.E. 702 expert testimony motion must be filed within 21 days of the motion's filing.
Any response shall be filed within 21 days of the date of the filing of the motion.
Page 6
Written responses to motions in limine may be filed no later than 14 days after the motion is filed.
Written responses to motions in limine may be filed no later than 14 days after the motion is filed.
Page 7 | IV. CASE PREPARATION CHECKLIST
Returns of service on all defendants must be filed within 63 days after the complaint is filed; failure may result in a show cause order.
Returns of Service on all defendants shall be filed within 63 days after the date of the filing of the complaint. See C.R.C.P. 4(m), failure to do so may result in a show cause order.
Page 7 | IV. CASE PREPARATION CHECKLIST
An application for default must be filed within 14 days after default occurs; see DRO for further information.
Application for default shall be filed within 14 days after default has occurred. Please see DRO for further information.
Page 7 | IV. CASE PREPARATION CHECKLIST
All other pretrial motions, including motions in limine, must be filed at least 35 days before trial; untimely motions may be summarily denied.
All other pretrial motions, including motions in limine, must be filed no less than 35 days before trial. A motion filed outside of this time limit may be summarily denied as untimely.
Page 7 | IV. CASE PREPARATION CHECKLIST
The joint proposed initial draft of the final jury instructions must be filed no later than 21 days before trial.
a joint proposed initial draft of the final jury instructions directly to the court via e- mail to the Court’s division staff at 02courtroom409@judicial.state.co.us and file it no later than 21 days prior to the scheduled trial.
Page 8 | V. TRIAL PREPARATION CHECKLIST
Exhibit lists must be filed and submitted by a deadline (date cut off in source).
The exhibit lists shall be filed and submitted directly to the court via e-mail to the Court’s division staff at 02courtroom409@judicial.state.co.us no later than
Page 8 | V. TRIAL PREPARATION CHECKLIST
Witness lists and order of proof must be filed and emailed no later than 28 days before trial.
The witness lists and order of proof shall be filed and emailed to the Court’s division staff at 02courtroom409@judicial.state.co.us no later than 28 days prior to the scheduled trial.
Page 9 | IV. CASE PREPARATION CHECKLIST
Objections to deposition testimony must be made no later than 21 days before trial.
Counsel must make objections to all or part of the offered deposition testimony no later than 21 days prior to trial and must cite page, line, and the specific evidentiary grounds supporting the objection.
Page 9 | IV. CASE PREPARATION CHECKLIST
Counsel using depositions in lieu of live testimony must notify opposing counsel no later than 28 days before trial.
If counsel intends to use depositions in lieu of live testimony, said counsel must notify opposing counsel no later than 28 days prior to trial.
Page 9 | IV. CASE PREPARATION CHECKLIST
Trial briefs must be filed no later than 7 days before trial.
Trial briefs must be filed no later than 7 days before the trial date and shall not exceed five pages in length.
Page 10 | IV. CASE PREPARATION CHECKLIST
Written responses to motions in limine may be filed no later than 14 days after the motion is filed.
Written responses to motions in limine may be filed no later than 14 days after the motion is filed.
Civil cases
Page 6 | Pretrial Motions
C.R.C.P. 121 §1-15 requirements on motion filing timing and brief content and length will be strictly enforced.
The requirements of C.R.C.P. 121 §1-15 concerning the time for filing motions and the content and length of briefs will be strictly enforced.
Civil cases
Page 6 | Pretrial Motions
Applications for clerk's default under C.R.C.P. 55(a) must be filed within 14 days after default occurs.
Application for a clerk’s default pursuant to C.R.C.P. 55(a) shall be filed within 14 days after default has occurred.
Civil cases
Page 6 | Default
Replies to motions in limine are not allowed unless ordered by the Court.
No reply to motions in limine shall be allowed unless ordered by the Court.
Civil cases
Page 6 | Pretrial Motions
Responses to C.R.E. 702 motions must be filed within 21 days of the motion.
Any response shall be filed within 21 days of the date of the filing of the motion.
Civil cases
Page 6 | Pretrial Motions
Replies to C.R.E. 702 motions must be filed within 7 days of the response.
Any reply shall be filed within 7 days of the filing of the response.
Civil cases
Page 6 | Pretrial Motions
Counsel must provide the Court with copies of all depositions likely to be used at trial before trial begins.
Before trial begins, counsel must provide the Court with copies of all depositions likely to be used at the trial, as either direct evidence or impeachment.
Page 9 | IV. CASE PREPARATION CHECKLIST
Parties must notify the Court within 24 hours of settlement or resolution of the case.
The parties are to notify the Court within 24 hours of settlement or resolution of the case.
Page 11 | VII. SETTLEMENT
All documents confirming settlement must be filed no later than 14 days from the settlement date, unless the Court orders otherwise.
All documents confirming settlement shall be filed not later than 14 days from the date of settlement, unless otherwise ordered by the Court.
Page 11 | VII. SETTLEMENT
The Court may expedite the briefing schedule under C.R.C.P. 121 §1-15 on its own motion or by party request.
The Court may expedite the briefing schedule pursuant to C.R.C.P. 121 § 1-15 on its own motion, or by request of a party.
Civil cases
Page 6 | Pretrial Motions
The Court may expedite the briefing schedule on its own motion or on a party's request.
The Court may expedite the briefing schedule pursuant to C.R.C.P. 121(1-15) on its own motion, or by request of a party.
Page 7 | IV. CASE PREPARATION CHECKLIST
The Court may decide motions without a hearing or may order a hearing before trial.
The Court may rule on motions without a hearing pursuant to C.RC.P. 121, or the Court may order a hearing prior to trial.
Page 7 | IV. CASE PREPARATION CHECKLIST
Service and Proof of Service Rules
Copies of exhibits must be exchanged as required by C.R.C.P. 16.
Copies of exhibits must be exchanged as required by C.R.C.P. 16
Civil cases
Page 9
Plaintiff's counsel or pro se plaintiff must send copies of this order to all future counsel/parties, unless the Court has already e-filed the Order.
Counsel for the plaintiff or the pro se plaintiff shall send copies of this order to all future counsel/parties in this case, except where the Court has e-filed this Order to the parties.
Civil cases
Page 11 | VIII. GENERAL RULES
Copies of exhibits must be exchanged as required by C.R.C.P. 16.
Copies of exhibits must be exchanged as required by C.R.C.P. 16, and counsel shall determine whether an objection will be made as to the admissibility of the exhibit.
Page 9 | IV. CASE PREPARATION CHECKLIST
Sealing & Redaction Procedures
Original depositions remain sealed unless a party requests they be unsealed at trial.
Original depositions will remain sealed until a party requests at trial that they be unsealed.
Civil cases
Page 9
Parties may not submit documents for in camera review without first obtaining the Court's permission.
submit documents for in camera review without first obtaining permission to do so by the Court.
Civil cases
Page 2 | No Written Discovery Motions
Paper copies of items subject to a Motion for Protective Order must be delivered to Courtroom 409 with disputed entries highlighted in yellow; the Court uploads them and restricts access to the Court and appellate purposes.
Have paper copies of the items that are the subject of the Motion for Protective Order, with the disputed entries highlighted in yellow, delivered to Courtroom 409.
Page 6
Original depositions remain sealed until counsel requests they be unsealed at trial.
Original depositions will remain sealed until counsel request at trial that they be unsealed.
Page 9 | IV. CASE PREPARATION CHECKLIST
Filing Bundling Requirements
Motions may not be combined with each other or with a response or reply.
Do not combine motions or combine your own motions with a response or reply.
Page 7 | IV. CASE PREPARATION CHECKLIST
Motions may not be combined with each other or with a response or reply.
Do not combine motions or combine your own motions with a response or reply.
Civil cases
Page 6 | Pretrial Motions
Pre-Motion Conference Requirements
Written discovery motions are not accepted; discovery disputes are resolved at in-person discovery hearings instead.
NO WRITTEN DISCOVERY MOTIONS WILL BE ACCEPTED. THE COURT WILL ADDRESS ALL DISCOVERY DISPUTES WITH AN IN-PERSON DISCOVERY HEARING INSTEAD OF WRITTEN MOTIONS.
Civil cases
Page 4 | IV. CASE PREPARATION REQUIREMENTS
Written discovery motions are not accepted; all discovery disputes are resolved at an in-person discovery hearing instead of through written motions.
NO WRITTEN DISCOVERY MOTIONS WILL BE ACCEPTED. THE COURT WILL ADDRESS ALL DISCOVERY DISPUTES WITH AN IN-PERSON DISCOVERY HEARING INSTEAD OF WRITTEN MOTIONS.
Civil cases
Page 1 | No Written Discovery Motions
Failure to follow the discovery dispute procedures will result in denial of a hearing until the procedures are followed.
Failure to follow these procedures will result in a denial of a hearing until such time as the applicable procedures are followed.
Civil cases
Page 2 | No Written Discovery Motions
Discovery disputes are resolved through in-person hearings; written discovery motions are not accepted.
No Written Discovery Motions. NO WRITTEN DISCOVERY MOTIONS WILL BE ACCEPTED. THE COURT WILL ADDRESS ALL DISCOVERY DISPUTES WITH AN IN-PERSON DISCOVERY HEARING INSTEAD OF WRITTEN MOTIONS.
Page 4 | IV. CASE PREPARATION CHECKLIST
An in-person trial setting conference with lead trial counsel or a party is required if the parties request more than five trial days or a setting beyond one year.
Any case where the parties request more than five (5) trial days or be set beyond one year will require an in-person trial setting conference with lead trial counsel or party present.
Civil cases
Page 3 | III. CASE MANAGEMENT ORDER
Attorneys must confer in good faith to resolve discovery disputes before involving the Court.
If there is a discovery dispute, the attorneys are expected to confer in good faith, consistent with the provisions of this Order, to try to resolve it.
Civil cases
Page 4 | IV. CASE PREPARATION REQUIREMENTS
If there is a discovery dispute, the attorneys are expected to confer in a meaningful way, consistent with the provisions of this Order, to try to resolve it.
If there is a discovery dispute, the attorneys are expected to confer in a meaningful way, consistent with the provisions of this Order, to try to resolve it.
Civil cases
Page 1 | No Written Discovery Motions
Adjournment & Extension Requirements
The Court generally will not grant extensions of time to file summary judgment motions.
The Court will generally not grant extensions of time to file summary judgment motions.
Civil cases
Page 6 | Pretrial Motions
The Court will not vacate or continue a previously scheduled trial merely in anticipation of settlement.
The Court will not vacate or continue any previously scheduled trial in anticipation of resolution.
Civil cases
Page 11 | VII. SETTLEMENT
Stipulated agreements extending discovery response, objection, or disclosure deadlines by up to 7 days need not be filed with the Court; this exemption does not apply to motion filing deadlines.
Stipulated agreements to extend the dates for filing discovery responses, objections, and disclosures of no more than 7 days do not need to be filed with the Court. THIS DOES NOT APPLY TO THE DEADLINES FOR FILING MOTIONS. PLEASE SEE § 4 BELOW.
Page 6
Stipulated extensions of discovery deadlines up to 7 days need not be filed with the Court; this does not apply to motion filing deadlines.
Stipulated agreements to extend the dates for filing discovery responses, objections, and disclosures of no more than 7 days do not need to be filed with the Court. THIS DOES NOT APPLY TO THE DEADLINES FOR FILING MOTIONS. PLEASE SEE § 4 BELOW.
Civil cases
Page 5 | Non-Disputed Motions for Extension of Time
Chambers Communication Rules
Counsel must jointly call division staff at 303-606-2425 to schedule an in-person discovery hearing, preferably within one week of failing to resolve the dispute.
If counsel cannot resolve the dispute, counsel shall place a joint conference call to the division staff at 303-606-2425 to schedule an in-person hearing on the Court’s calendar, preferably within one week of the parties being unable to resolve the discovery dispute.
Civil cases
Page 1 | No Written Discovery Motions
A party seeking an expedited ruling must contact the Clerk for Courtroom 409 to advise of the request.
If an expedited ruling is required, the moving party must specifically request an expedited schedule in the original motion and contact the Clerk for Courtroom 409 to advise of this request.
Page 7 | IV. CASE PREPARATION CHECKLIST
Exhibit lists must be filed and submitted via email to the Court's division staff at 02courtroom409@judicial.state.co.us.
The exhibit lists shall be filed and submitted directly to the court via e-mail to the Court’s division staff at 02courtroom409@judicial.state.co.us no later than
Page 8 | V. TRIAL PREPARATION CHECKLIST
The joint proposed initial draft of the final jury instructions must be emailed to the Court's division staff at 02courtroom409@judicial.state.co.us.
a joint proposed initial draft of the final jury instructions directly to the court via e- mail to the Court’s division staff at 02courtroom409@judicial.state.co.us and file it no later than 21 days prior to the scheduled trial.
Page 8 | V. TRIAL PREPARATION CHECKLIST
If parties cannot resolve a discovery dispute, they must jointly call division staff at 303-606-2425 to schedule an in-person hearing, preferably within one week.
If the parties cannot resolve the dispute, the parties shall place a joint conference call to the division staff at 303-606-2425 to schedule an in-person hearing on the Court’s calendar, preferably within one week of the parties being unable to resolve the discovery dispute.
Civil cases
Page 4 | IV. CASE PREPARATION REQUIREMENTS
If parties cannot jointly call, the contacting attorney must have opposing party's available dates; if the opposing party does not cooperate, advise staff and the Court will set the hearing.
If the parties are unable to jointly call the division staff, the attorney contacting the staff should have available dates on opposing party’s calendar. If the opposing party does not cooperate in scheduling a hearing, advise the staff of the efforts made to obtain their input and the Court will set a hearing accordingly.
Civil cases
Page 4 | IV. CASE PREPARATION REQUIREMENTS
For deposition disputes, parties must jointly call the Court's clerk to notify the Court of the dispute.
If the dispute involves a deposition, parties shall jointly place a call to the Court’s clerk and to inform the Court that the parties have a dispute about taking a deposition or about deposition conduct.
Civil cases
Page 5 | Discovery Disputes
The moving party must contact the division staff for Courtroom 409 to advise of a request for an expedited ruling.
If an expedited ruling is required, the moving party must specifically request an expedited schedule in the original motion and contact the division staff for Courtroom 409 to advise of this request.
Civil cases
Page 6 | Pretrial Motions
The joint proposed initial draft of final jury instructions must be submitted directly to the Court via email to 02courtroom409@judicial.state.co.us.
Counsel for the plaintiff or pro se plaintiff is required to submit a joint proposed initial draft of the final jury instructions directly to the court via e-mail to the Court’s division staff at 02courtroom409@judicial.state.co.us
Civil cases
Page 8 | V. TRIAL PREPARATION CHECKLIST
The joint exhibit list must be submitted directly to the Court via email to 02courtroom409@judicial.state.co.us.
The joint exhibit list shall be filed and submitted directly to the court via e-mail to the Court’s division staff at 02courtroom409@judicial.state.co.us
Civil cases
Page 8 | V. TRIAL PREPARATION CHECKLIST
Witness lists and order of proof must be emailed to the Court's division staff at 02courtroom409@judicial.state.co.us.
The witness lists and order of proof shall be filed and emailed to the Court’s division staff at 02courtroom409@judicial.state.co.us no later than 28 days prior to the scheduled trial.
Civil cases
Page 9
If counsel are unable to jointly call the division staff, the attorney contacting the staff should have available dates on opposing counsel’s calendar. If opposing counsel does not cooperate in scheduling a hearing, advise the staff of the efforts made to obtain their input and the Court will set a hearing accordingly.
If counsel are unable to jointly call the division staff, the attorney contacting the staff should have available dates on opposing counsel’s calendar. If opposing counsel does not cooperate in scheduling a hearing, advise the staff of the efforts made to obtain their input and the Court will set a hearing accordingly.
Civil cases
Page 1 | No Written Discovery Motions
For deposition disputes, counsel must jointly call the Court's clerk to inform the Court of the dispute; the Court will use best efforts to resolve it promptly.
If the dispute involves a deposition, counsel shall jointly place a call to the Court’s clerk and to inform the Court that the parties have a dispute about taking a deposition or about deposition conduct. The Court will use its best efforts to resolve the deposition-related dispute in a timely fashion.
Civil cases
Page 2 | No Written Discovery Motions
Counsel must jointly call division staff at 303-606-2425 to schedule a discovery hearing, ideally within one week of impasse.
If counsel cannot resolve the dispute, counsel shall place a joint conference call to the division staff at 303-606-2425 to schedule an in-person hearing on the Court’s calendar, preferably within one week of the parties being unable to resolve the discovery dispute.
Page 4 | IV. CASE PREPARATION CHECKLIST
If counsel are unable to jointly call the division staff, the attorney contacting the staff should have available dates on opposing counsel’s calendar. If opposing counsel does not cooperate in scheduling a hearing, advise the staff of the efforts made to obtain their input and the Court will set a hearing accordingly.
If counsel are unable to jointly call the division staff, the attorney contacting the staff should have available dates on opposing counsel’s calendar. If opposing counsel does not cooperate in scheduling a hearing, advise the staff of the efforts made to obtain their input and the Court will set a hearing accordingly.
Page 4 | IV. CASE PREPARATION CHECKLIST
Counsel must jointly call the Court's clerk to report deposition-related disputes or disputes about deposition conduct.
If the dispute involves a deposition, counsel shall jointly place a call to the Court’s clerk and to inform the Court that the parties have a dispute about taking a deposition or about deposition conduct.
Page 5
If you have not received a ruling within (10) days after the records are delivered, please contact the division staff of Courtroom 409 and advise them on the pending Motion for Protective Orders.
If you have not received a ruling within (10) days after the records are delivered, please contact the division staff of Courtroom 409 and advise them on the pending Motion for Protective Orders.
Page 6
Trial settings are obtained Tuesday through Thursday; after filing the Notice to Set, parties may email division staff for CMC and trial dates.
Trial settings may be obtained Tuesday through Thursday. After the Notice to Set is filed, a party may contact the Court’s division staff via e-mail 02Courtroom409@judicial.state.co.us to obtain dates for CMC and Trial.
Civil cases
Page 3 | III. CASE MANAGEMENT ORDER
Trial settings are obtained Tuesday through Thursday after the Notice to Set is filed; counsel may e-mail division staff at 02Courtroom409@judicial.state.co.us.
Trial settings may be obtained Tuesday through Thursday after the Notice to Set is filed, Counsel may contact the Court’s division staff via e-mail 02Courtroom409@judicial.state.co.us
Page 4 | III. CASE MANAGEMENT CONFERENCE
Witness lists and order of proof must be emailed to the Court's division staff at 02courtroom409@judicial.state.co.us.
The witness lists and order of proof shall be filed and emailed to the Court’s division staff at 02courtroom409@judicial.state.co.us no later than 28 days prior to the scheduled trial.
Page 9 | IV. CASE PREPARATION CHECKLIST