Judge Gregory R. Werner
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Communication
Phone
Clerk
Page & Word Limits5 rules
The responding party has three business days to file a response, with the same restrictions.
- Response
- Up to 3 pages
- Format
- Double-spaced
containing (1) a certificate of conferral and (2) a brief which shall not exceed three pages, double spaced, with 12-point font
- Page limit
- Up to 3 pages
- Format
- Double-spaced; 12-point
The page limits include all listed briefing components and other matters but exclude the certificate of service.
- Format
- Double-spaced
Excluded from the limit
- •Certificates
Court's wording
These page limitations shall include the motion for summary judgment, caption/cover page, statement of facts, procedural history, argument, closing, signature block, and all other matters, except the certificate of service.
If a party elects to file more than one rule 56 motion, then the motions and response briefs shall not exceed 25 pages total for all such motions (not each such motion) filed by that party.
Motions and response briefs shall not exceed 20 pages, double spaced. Reply briefs shall not exceed 15 pages, double spaced.
- Motion
- Up to 20 pages
- Brief
- Up to 20 pages
- Reply brief
- Up to 15 pages
- Format
- Double-spaced
Document Format Requirements2 rules
The body of the text shall be no smaller than 12-point type.
- Font size
- At least 12 points
Footnotes are not permitted.
Formatting
- •Footnotes are not permitted
Document Filing Requirements19 rules
Should a discovery dispute arise, the complaining party shall file a Notice of Discovery Dispute, containing (1) a certificate of conferral and (2) a brief which shall not exceed three pages, double spaced, with 12-point font, explaining the exact nature of the dispute, the relief requested, and any supporting legal authority.
- Document
- Notice of discovery dispute
Must include
- •Legal argument
- •Certificate of conferral
No later than 42 days after the case is at issue as defined by Rule 16(b)(1), the parties shall file a proposed case management order that complies with the requirements of Rule 16.
The movant must include a section titled “Statement of Undisputed Material Facts” containing separately numbered and paragraphed material facts stated in simple declarative sentences.
- Document
- Brief
Must include
- •Statement of facts
- •Statement of Undisputed Material Facts
Court's wording
In a section of the brief styled “Statement of Undisputed Material Facts,” the movant shall set forth in simple, declarative sentences, separately numbered and paragraphed, each material fact which the movement believes is not in dispute and which supports movant’s claim that movant is entitled to judgment as a matter of law.
Each numbered material fact must cite record evidence specifically, and a general citation is insufficient for a document longer than one page.
Court's wording
each separately numbered and paragraphed fact must be accompanied by a specific reference to material in the record which establishes that fact. General references to pleadings, depositions, or documents are insufficient if the document is over one page in length.
Because of the voluminous factual materials which are frequently submitted with a motion for summary judgment, all Rule 56 motions must comply with the following requirements:
any reply brief must comply with the following requirements:
in the case of other materials not numbered by paragraph, line or page, a reference which will enable the court to ascertain the fact without reviewing the entire document; the effort at specificity may be made by highlighting, manual underscoring, or pagination supplemented by the movant.
Any party opposing the motion for summary judgment shall, in a section styled “Response to Statement of Undisputed Material Facts,” admit or deny the asserted material facts set forth by movant.
Must include
- •Statement of facts
in a separate section styled “Reply Concerning Undisputed Facts,” include any factual reply which movant cares to make regarding the facts asserted in its motion to be undisputed, supported by specific references to material in
- Document
- Reply brief
Include
- •Reply Concerning Undisputed Facts
The admission or denial shall be made in separate paragraphs numbered to correspond to movements paragraph numbering.
in the case of materials filed with the court, the title of the document, the date on which it was filed or served, and a specific paragraph or page and line numbers; or, if the document is attached to the motion, the paragraph or page and line number;
Each separately numbered and paragraphed fact shall be accompanied by a specific reference to material in the record which establishes the fact or least demonstrates that it is disputed.
in the case of affidavits submitted in support of the motion, the specific paragraph number establishing the fact;
in the case of depositions or other documents bearing line numbers, the specific page and line(s) establishing the fact;
Any denial shall be accompanied by a brief factual explanation of the reason(s) for the denial and a specific reference to material in the record supporting the denial.
If the opposition identifies additional material disputed facts that undermine entitlement to judgment, its brief must include a separately titled, numbered, and paragraphed section using simple declarative sentences.
- Document
- Brief
Must include
- •Statement of facts
- •Statement of Additional Disputed Facts
Court's wording
If the party opposing the motion believes that there exist additional disputed questions of fact which it has not adequately addressed in the submission it has made pursuant to subparagraph 4 above (for example, disputed facts concerning an affirmative defense), the party shall, in a separate section of the party’s brief styled “Statement of Additional Disputed Facts,” set forth in simple, declarative sentences, separately numbered and paragraphed, each additional, material disputed fact which undercuts movant’s claim that it is entitled to judgment as a matter of law.
in the case of interrogatories or requests for admission (the pertinent parts of which must be filed with the motion), the number of the interrogatory or request;
In a separate section styled “Response Concerning Disputed Facts” (with respect to each fact which the opposing party, pursuant to subparagraph 5 above, claims to be in dispute), either admit that the fact is disputed or supply a brief factual explanation for its position that the fact is undisputed, accompanied by a specific reference to material in the record which establishes that the fact is undisputed.
- Document
- Summary judgment brief
Include
- •Response Concerning Disputed Facts
Only if the nature of the material fact does not permit a specific reference (e.g., “the contract contains no provision for termination.”), is a general reference sufficient.
Filing & Service rules
Filing Timing and Cure Windows
The responding party must file a response to a Notice of Discovery Dispute within three business days and must comply with the same page, spacing, and font restrictions.
The responding party has three business days to file a response, with the same restrictions.
Civil cases
Page 1 | ORDER REGARDING RESOLUTION OF DISCOVERY DISPUTES
Failure to contact the court within five days after filing the discovery motion will be deemed abandonment of the motion.
The Moving party shall call the clerk of Division 15 at (719) 452-5284 within five days of filing the Motion to set the discovery matter for a hearing. Failure of the moving party to contact the Court within that time frame will be deemed an abandonment of the motion.
Civil cases
Page 2 | ORDER REGARDING RESOLUTION OF DISCOVERY DISPUTES
The proposed case management order is due no later than 42 days after the case is at issue under Rule 16(b)(1).
No later than 42 days after the case is at issue as defined by Rule 16(b)(1), the parties shall file a proposed case management order that complies with the requirements of Rule 16.
Civil cases
Page 1 | PROCEDURAL ORDER REGARDING INITIAL CASE MANAGEMENT CONFERENCE
Filing Bundling Requirements
A movant may not file a summary-judgment motion and a separate brief; all argument and authority must be combined in the motion.
Parties are prohibited from filing a Motion and a separate Brief. All argument and citation of authority shall be combined into the Motion.
Civil cases
Page 1 | MOTIONS FOR SUMMARY JUDGMENT
Pre-Motion Conference Requirements
Before filing any motion, counsel must discuss the filing directly with opposing counsel, and letters, faxes, emails, or relayed conversations do not satisfy the requirement.
In the future, before either side files ANY Motion with this Court, counsel are ORDERED to discuss the filing of the Motion with the opposing counsel before it is filed. Letters do not satisfy this requirement. Faxes do not satisfy this requirement. E-mails do not satisfy this requirement. Conversations relayed through paralegals, subordinates or staff do not satisfy this requirement. This Court expects personal contact between counsel to take place before ANY Motion is filed in the future.
Civil cases
Page 1 | ORDER REGARDING RESOLUTION OF DISCOVERY DISPUTES
A conference is required before filing any motion.
Order to Confer Before Filing Any Motion
Page 1 | Case Management Orders
Telephone calls between counsel must be returned within 72 hours, and if counsel cannot reach each other, they must schedule a telephone appointment.
Telephone calls are to be returned within 72 hours of the time the party initiating the contact makes the call. If counsel have difficulty reaching each other, an appointment time is to be scheduled at which time counsel will be available for telephone contact.
Civil cases
Page 1 | ORDER REGARDING RESOLUTION OF DISCOVERY DISPUTES
Chambers Communication Rules
The moving party must call the Division 15 clerk within five days after filing the motion to set the discovery matter for a hearing.
The Moving party shall call the clerk of Division 15 at ===== PAGE 2 ===== (719) 452-5284 within five days of filing the Motion to set the discovery matter for a hearing.
Civil cases
Page 1 | ORDER REGARDING RESOLUTION OF DISCOVERY DISPUTES
The parties should not contact the Court for a case management conference date unless the Court directs them to do so.
The parties should not contact the Court to obtain a case management conference date unless the Court orders them to do so.
Civil cases
Page 1 | PROCEDURAL ORDER REGARDING INITIAL CASE MANAGEMENT CONFERENCE