Boulder County District Court Pre-Motion Conference Requirements

CRITICAL

Before seeking court involvement in a discovery dispute, counsel must meaningfully confer in person or by telephone, discuss each issue, and make a good-faith effort to resolve the dispute; email or letter alone is insufficient.

If a discovery dispute arises, counsel must interactively confer with opposing counsel or pro se party, or make a good faith effort to do so. Interactive conferral requires an in-person meeting or telephone call. Although you are also encouraged to make a written record of the conferral (such as through email), conferral by email or letter alone is insufficient. Additionally, counsel must discuss each and every discovery dispute at issue in an effort to resolve as many issues as possible without Court involvement.

CRITICAL

No reply may be filed on a motion for extension of time unless the court orders otherwise.

No reply is permitted absent court order.

CRITICALCivil cases

School Districts, students/families, and GALs may file written motions for additional orders, and the Court will wait until the other party has been given 14 days to respond before ruling.

The School Districts, students/families/Guardians at Litem (“GALs”) may file written motions with the Court for additional orders as may be appropriate and the Court will rule after the other party has been given 14 days to respond.

CRITICAL

Do not use regular motions in limine to raise C.R.E. 702 issues.

Regular motions in limine may not be used to raise C.R.E. 702 issues.

CRITICAL

The duty to confer under C.R.C.P. 121, § 1-15(8) applies to counsel and self-represented litigants.

The requirements of C.R.C.P. 121, § 1-15(8) (duty to confer) will be enforced, and apply to both counsel and self-represented litigants.

CRITICAL

Written discovery motions will not be accepted unless authorized by court order.

The Court will not accept any written discovery motions absent court order.

CRITICAL

For covered civil cases, written discovery motions are not accepted without court order; discovery disputes are addressed at a hearing, and the Court may request briefs afterward.

For all civil actions pending in the 20th Judicial District Court that receive a Scheduling Order on or after March 2, 2015, the Court will not accept any written discovery motions absent court order. For purposes of this Order, discovery motions include motions such as motions to compel, motions for protective order, C.R.C.P. 35 examination motions, motions to quash discovery related subpoenas, motions to strike or exclude based on discovery or disclosure violations, and motions for sanctions for discovery or disclosure violations. The Court will address these discovery disputes at a hearing. Following the hearing, the Court may request the parties to submit succinct briefs on any unresolved issues.

CRITICALCivil cases

For written motions seeking additional orders, the Court will wait until the other party has had 14 days to respond before ruling.

The school districts, students, families and/or GALs may file written motions with the Court for additional orders as may be appropriate. The Court will rule after the other party has been given fourteen (14) days to respond.

CRITICAL

Before seeking court involvement in a discovery dispute, counsel must confer interactively or make a reasonable, good-faith effort, discuss every disputed issue, and cannot rely on email or letter alone.

(1) If a discovery dispute arises in a District Court civil action, counsel must interactively confer with opposing counsel or pro se party, or make a reasonable, good faith effort to do so. Interactive conferral requires an in-person meeting or telephone call. Although parties are also encouraged to make a written record of the conferral (such as through email), conferral by email or letter alone is insufficient. Additionally, counsel must discuss each and every discovery dispute at issue in an effort to resolve as many issues as possible without Court involvement.

CRITICAL

If meaningful conferral or a reasonable, good-faith effort does not resolve the dispute, the parties must contact Division T to set a hearing; the Court may choose the date if the parties cannot agree.

(2) If, after such meaningful conferral, or reasonable, good faith effort to do so, counsel and/or pro se parties are unable to resolve the dispute(s), they are directed to contact Division T to set the matter for hearing. If the parties cannot agree on a date, the Court may set the hearing in its discretion. A notice of the discovery hearing will be issued.

CRITICAL

Before filing a motion in limine, counsel must confer interactively or make a good-faith effort to do so; interactive conferral requires an in-person meeting or telephone call.

Prior to filing a motion in limine, counsel must interactively confer, or make a good faith effort to do so. Interactive conferral requires an in-person meeting or telephone call.

WARNING

The Court discourages evidence-driven motions in limine that cannot be resolved before trial and permits the issue to be flagged in a trial brief instead.

Motions in limine are discouraged when the motion is evidence driven and cannot be resolved until evidence is presented at trial. Instead, the issue can be flagged in a trial brief.

WARNING

The C.R.C.P. 121, § 1-15(1) briefing schedule applies unless the Court expedites it.

Unless the Court expedites the briefing schedule, the C.R.C.P. 121, § 1-15(1) briefing schedule applies.

WARNING

Discovery disputes are addressed at a hearing, after which the Court may request succinct briefs on unresolved issues.

The Court will address these discovery disputes at a hearing. Following the hearing, the Court may request the parties to submit succinct briefs on any unresolved issues. The purpose of this procedure is to ensure expedited and inexpensive resolutions of discovery disputes.

WARNING

The C.R.C.P. 121, § 1-15(1) briefing schedule applies to other pre-trial motions unless the Court expedites it or another schedule is specified.

Unless the Court expedites the briefing schedule or another briefing schedule is specified herein, the C.R.C.P. 121, § 1-15(1) briefing schedule applies.