Fourth Judicial District Court, Colorado Pre-Motion Conference Requirements

CRITICAL

Parties must engage in meaningful conferral before filing a disputed motion; an unreturned voicemail or email does not qualify, and a motion lacking evidence of conferral will be denied.

As required by rule, meaningful conferral between parties is required before a disputed motion may be filed with the Court. An unreturned voicemail or email is not meaningful conferral. If it is not evident from a motion filed with the Court that meaningful conferral occurred prior to the motion being filed, the motion will be denied for that reason.

CRITICAL

Before filing a motion, the parties or counsel must have an actual good-faith conversation about disputed issues and attempt to resolve them, unless that is impossible.

Parties/ counsel shall have an actual conversation about disputed issues in a good faith attempt to resolve disputes before filing a motion with the Court, unless this just isn’t possible.

CRITICAL

Before filing a motion, parties or counsel must have an actual good-faith conversation about disputed issues unless conferral is impossible.

Parties/ counsel shall have an actual conversation about disputed issues in a good faith attempt to resolve disputes before filing a motion with the Court, unless this just isn’t possible.

CRITICALCivil cases

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.

CRITICAL

A conference is required before filing any motion.

Order to Confer Before Filing Any Motion

CRITICALCriminal cases

The District Attorney's late endorsements will be considered only after a proper motion, notice, and hearing.

late endorsements will only be considered upon proper motion, notice, and hearing;

CRITICALCriminal cases

The defendant's late endorsements will be considered only after a proper motion, notice, and hearing.

late endorsements will only be considered upon proper motion, notice, and hearing; and

CRITICAL

A requested contested hearing must be preceded by a good-faith conference and review hearing, in that order.

When a contested hearing is requested, the Court shall set a good faith conference, a review hearing, and the contested hearing in this chronological order.

CRITICALCriminal cases

All motions, including motions in limine, must be heard at the motions hearing unless the court orders otherwise.

All motions, including motions in limine, must be heard at the motions hearing unless otherwise Ordered.

CRITICAL

Parties must confer meaningfully before filing a disputed motion, and the motion will be denied if the conferral is not evident; an unreturned voicemail or email does not qualify.

As required by rule, meaningful conferral between parties is required before a disputed motion may be filed with the Court. An unreturned voicemail or email is not meaningful conferral. If it is not evident from a motion filed with the Court that meaningful conferral occurred prior to the motion being filed, the motion will be denied for that reason.

WARNINGCivil cases

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.