Denver District Court Document Filing Requirements

WARNING

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.

WARNING

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.

WARNINGCivil cases

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”).

WARNINGCivil cases

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.

WARNING

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.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNING

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.

WARNING

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;

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNING

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.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNING

Applies to

Witness list

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.).

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.).

WARNINGCivil cases

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.

WARNINGCivil cases

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).”

WARNING

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).”

WARNINGCivil cases

Applies to

Discovery response

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.

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.

WARNINGCivil cases

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.

INFO

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.

INFO

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).

WARNINGCivil cases

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.