Denver District Court Document Filing Requirements

Applies to

Pleading

Must include

certificate of conference

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.

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.

Applies to

Pleading

Must include

certificate of conference

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.

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.

Applies to

Discovery dispute chart

Parties must jointly prepare a discovery dispute chart at least 48 hours before the hearing, containing a summary of the nature of the dispute.

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.

Applies to

Discovery dispute chart

Discovery dispute charts must not include lengthy legal or factual arguments—one or two sentences on relevance of cited authority is sufficient—and failure to follow these procedures may result in denial of a hearing.

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.

Applies to

Summary judgment motion

Each summary judgment motion must include a statement of undisputed material facts, devoid of argument, with each fact in a separately numbered paragraph citing supporting proof.

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.

Applies to

Discovery response

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.

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.

Applies to

Privilege log

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.

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.

Applies to

Discovery dispute chart

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.

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 Discovery Request; Disputed Response(s) or Objection(s); Problem(s) with Response(s) and Relevant Authority; Justification for Response(s) and Relevant Authority

Applies to

Pleading

Must include

certificate of conference

Parties must confer meaningfully before filing, and a certification based only on a <24-hour no-response contact is per se not good faith.

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.

Applies to

Pleading

Must include

certificate of conference

Counsel must confer face-to-face or by telephone; email/letter alone is insufficient, and certifications must detail unsuccessful attempts.

It is the expection 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.

Applies to

Reply

No reply to motions in limine is allowed unless ordered by the Court.

No reply to motions in limine shall be allowed unless ordered by the Court.

Applies to

Motion

A party seeking an expedited ruling must specifically request an expedited schedule in the original motion.

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.

Applies to

Brief

The time-for-filing and brief content/length requirements of C.R.C.P. 121(1-15) 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.

Applies to

Jury instructions

Attorneys must meet and confer in good faith, preferably in person, regarding jury instructions.

Attorneys are required to meet and confer in good faith, preferably in person, regarding jury instructions.

Applies to

Jury instructions

Parties must submit a joint proposed initial draft of the final jury instructions.

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.

Applies to

Jury instructions

The Court will not accept basic introductory or closing instructions, oaths, admonitions, lengthy annotations, or similar instructions.

Please note: the Court does not need, nor will it accept, basic introductory or closing instructions, oaths, admonitions, lengthy annotations, or like instructions.

Applies to

Jury instructions

If no stipulation is reached, each party's counsel must submit its own proposed 2:1 'Claims of the Parties' instruction.

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.

Applies to

Jury instructions

Each disputed jury instruction must include at the bottom a brief statement describing the dispute, supporting case law, and the specific portion of the case supporting each party's position.

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).

Applies to

Jury instructions

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.

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”).

Applies to

Jury instructions

Objections to submitted jury instructions must be briefly stated on the initial draft along with a brief statement of authority.

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.

Applies to

Verdict form

Parties must submit proposed verdict forms that conform to the proposed jury instructions at the same time as the initial draft.

At the same time, the Parties shall also submit proposed verdict forms that conform to the proposed instructions.

Applies to

Exhibit list

Counsel must prepare a joint index of exhibits they expect to offer.

Counsel shall prepare a joint index of exhibits that counsel expects to offer.

Applies to

Proposed case management order

Proposed Case Management Order must note in its title if not all parties participated in its preparation.

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.

Applies to

Case management order

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.

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.

Applies to

Discovery dispute chart

The moving party must file the discovery dispute chart, though drafting should be collaborative.

While the drafting of the discovery dispute chart should be completed collaboratively, the moving party shall file the discovery dispute chart.

Applies to

Discovery dispute chart

Documents may not be submitted for in camera review without prior Court permission.

Do not submit documents for in camera review without first obtaining permission by the Court.

Applies to

Summary judgment motion

Argumentative facts and voluminous exhibits are discouraged; exhibits must be limited to essential portions of the subject document.

Facts stated in an argumentative manner are discouraged. Voluminous exhibits are discouraged. Parties shall limit exhibits to essential portions of the subject document.

Applies to

Motion

If an expedited ruling is required, the moving party must specifically request an expedited schedule in the original motion.

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.

Applies to

Pleading

Pleadings must state defenses in short and plain terms as required by C.R.C.P. 8(b).

C.R.C.P. 8(b) requires a party to “state in short and plain terms [their] defense to each claim asserted.”

Applies to

Pleading

Pleading affirmative defenses without a factual basis is improper under C.R.C.P. 11(a).

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).”

Applies to

Trial management order

All parties must participate in preparing the Trial Management Order, and all lead counsel or parties must attend the in-person pre-trial hearing to finalize trial procedures.

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.

Applies to

Jury instructions

Parties must agree on one stipulated set of proposed jury instructions to the maximum extent possible.

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.

Applies to

Jury instructions

Attorneys must meet and confer in good faith, preferably in person, regarding jury instructions.

Attorneys are required to meet and confer in good faith, preferably in person, regarding jury instructions.

Applies to

Jury instructions

The initial draft of jury instructions must be a single document jointly drafted by the parties, with a brief description of any dispute between the parties.

By initial draft, the Court means a single document jointly drafted by the parties, with a brief description of any dispute between the parties.

Applies to

Jury instructions

The jointly drafted 2:1 instruction must include a brief description of party disputes at the bottom, along with supporting case law.

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.

Applies to

Jury instructions

The Court will not accept basic introductory or closing instructions, oaths, admonitions, lengthy annotations, or similar instructions.

the Court does not need, nor will it accept, basic introductory or closing instructions, oaths, admonitions, lengthy annotations, or like instructions.

Applies to

Jury 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.

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”).

Applies to

Jury instructions

Special jury instructions patterned after caselaw must be accompanied by a brief statement of authority.

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.

Applies to

Jury instructions

Objections to submitted jury instructions must be briefly stated on the initial draft along with a brief statement of authority.

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.

Applies to

Verdict form

Parties must submit proposed verdict forms that conform to the proposed jury instructions at the same time as the instructions.

At the same time, the Parties shall also submit proposed verdict forms that conform to the proposed instructions.

Applies to

Exhibit list

The joint exhibit list must indicate which exhibits are stipulated and include space or a column for the Court to note admitted exhibits.

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.

Applies to

Witness list

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.

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.).

Applies to

Order of proof

Parties must prepare a joint order of proof with good-faith estimates of witness order and time for direct/cross-examination (including re-direct); cumulative examination time is capped (limit value not stated in this excerpt).

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

Applies to

Order of proof

The joint order of proof must account for trial time components and identify each party's witnesses for their cases-in-chief.

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.

Applies to

Deposition objection

Deposition objections must cite page, line, and specific evidentiary grounds.

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.

Applies to

Depositions

Before trial, parties must provide the Court with copies of all depositions likely to be used.

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.

Applies to

Trial brief

Trial briefs should be concise and not repeat previously filed pleadings or motions.

They should be concise and should not repeat previously filed pleadings or motions.

Applies to

Proposed findings conclusions

In court trials, parties must be prepared to file proposed findings of fact and conclusions of law when evidence concludes; findings must be specific, cited, supported by the evidence, and non-argumentative.

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.

Applies to

Certificate

Must include

certificate of service

A certification of compliance with the order-distribution requirement must be filed.

A certification of compliance with this portion of the Order shall be filed.

Applies to

Discovery response

Discovery objections must be legally grounded, clearly articulated, and free of boilerplate; each objection must include a clear legal and factual justification, and any response made subject to an objection must describe withheld information with reasonable specificity.

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.

Applies to

Discovery response

A discovery response stating an ongoing search must describe where the material is normally located, who has custody, where searches occurred, search results, the identity of searchers, and a specific date the search will be complete.

A response to a discovery request that does not provide the information or material requested but rather states that the party is continuing to look for or search for such provides a clear description of where such information or material is normally located, who is normally in custody of such information or material, where the party has searched, the results of the search, as well as the identity of all persons who have engaged in such a search. The responding party shall also provide a clear explanation of the ongoing search and a specific date by which the search will be complete.

Applies to

Discovery dispute chart

Discovery dispute charts must not include lengthy legal or factual arguments; one or two sentences on the relevance of cited authority is sufficient, with fuller argument reserved for the hearing.

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.

Applies to

Discovery dispute chart

The joint discovery dispute chart must contain a summary of the nature of the dispute.

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.

Applies to

Discovery dispute chart

Discovery dispute charts must not include lengthy legal or factual arguments; one or two sentences on the relevance of cited authority is sufficient.

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.

Applies to

Discovery dispute chart

The moving party is responsible for filing the discovery dispute chart, even though drafting should be collaborative.

While the drafting of the discovery dispute chart should be completed collaboratively, the moving party shall file the discovery dispute chart.

Applies to

In camera review submission

Documents may not be submitted for in camera review without prior Court permission.

Do not submit documents for in camera review without first obtaining permission to do so by the Court.

Applies to

Notice of request for protective order

The Notice of Request for Protective Order must include a brief description of items withheld, the reasons for withholding, and the relief requested.

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;

Applies to

Pleading

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.

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).”

Applies to

Discovery

Discovery in all cases is subject to the Court-ordered Discovery Protocol.

Discovery in all cases will be conducted subject to the provisions of the Court ordered Discovery Protocol attached.

Applies to

Jury instructions

Parties must agree on one stipulated set of proposed jury instructions to the maximum extent possible.

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.

Applies to

Jury instructions

Special instructions patterned after caselaw must be accompanied by a brief statement of authority.

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.

Applies to

Witness list

Counsel must jointly prepare a witness list of witnesses that will and may be called, in addition to any prior designation.

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.

Applies to

Witness list

Witness lists may include title, degree, or employment but no other identifying information.

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.).

Applies to

Order of proof

Counsel must prepare a joint order of proof with witness order and time estimates for direct/cross including re-direct, and cumulative time may not exceed the trial allocation.

Additionally, counsel shall confer and prepare a joint order of proof which identifies each counsel’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 the time allocated for presentation of the trial; the total time allocation shall also account for the time necessary for jury selection, opening statements, regularly scheduled breaks, the jury instruction conference, and closing arguments.

Applies to

Deposition objection

Deposition objections must cite page, line, and specific evidentiary grounds.

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.

Applies to

Trial brief

Trial briefs should be concise and should not repeat previously filed pleadings or motions.

They should be concise and should not repeat previously filed pleadings or motions.

Applies to

Proposed findings conclusions

In court trials, counsel must be prepared to file Proposed Findings of Fact and Conclusions of Law when the evidence concludes, with factual findings that are specific, cited, and supported by trial evidence.

For court trials, counsel 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.

Applies to

Certificate

A certification of compliance with this portion of the Order must be filed where the Order is provided to future counsel/parties, unless the Court already e-filed the Order to the parties.

future counsel/parties in this case, except where the Court has e-filed this Order to the parties. A certification of compliance with this portion of the Order shall be filed.

Applies to

Jury instructions

The initial draft of jury instructions is a single document containing stipulated instructions and any additional or disputed instructions.

By initial draft, the Court means a single document as determined by the Court at the Pre Trial Conference; the instructions to which all parties have stipulated; and any additional or disputed instructions of any party, as discussed below.

Applies to

Jury instructions

Parties are encouraged (but not required) to jointly prepare a chart-form appendix of disputed instructions with specified columns.

It is also helpful for the parties to jointly prepare an appendix, in chart form, of the disputed instructions that includes the following columns: (a) disputed instruction number, (b) the language of Plaintiff’s proposed instruction (with authority citations, but no arguments), and (c) the language of Defendant’s proposed instruction (with authority citations, but no arguments).