Judge Dennis McGuire
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Communication
Clerk, Chambers
Phone
Phone
Chambers
Phone
Court-wideClerk
Page & Word Limits6 rules
A Trial Management Certificate may not exceed 15 pages, excluding the header, signature lines, and certificate of service, and each party must receive equal space.
The TMC is limited to fifteen (15) pages exclusive of the Header, Signature lines, and Certificate of Service, with each party receiving equal space.
Trial Management Certificate
15 pages
The Joint Trial Management Certificate is limited to 15 pages, excluding the header, signature lines, and certificate of service.
The Joint TMC is limited to fifteen (15) pages exclusive of the Header, Signature lines, and Certificate of Service, with each party receiving equal space.
Trial Management Certificate
15 pages
Each party must file a statement of no more than 2 pages describing the disputed issues and that party's position no later than three days before the status conference.
No later than three days before the status conference, each party shall file a short statement (no more than 2 pages) describing the disputed issues and that party’s position.
Status Conference Statement
2 pages
Each party must file a statement of no more than 2 pages describing the disputed discovery issues and that party's position no later than three days before the status conference.
No later ===== PAGE 4 ===== than three days before the status conference, each party shall file a short statement (no more than 2 pages) describing the disputed issues and that party’s position.
Discovery Status Statement
2 pages
The Joint Trial Management Certificate is limited to 15 pages, excluding the header, signature lines, and certificate of service, and each party receives equal space.
The Joint TMC is limited to fifteen (15) pages exclusive of the Header, Signature lines, and Certificate of Service, with each party receiving equal space.
Pretrial Management Certificate
15 pages
The Joint Trial Management Certificate may not exceed 15 pages, excluding the header, signature lines, and certificate of service, and each party must receive equal space.
The TMC is limited to fifteen (15) pages exclusive of the Header, Signature lines, and Certificate of Service, with each party receiving equal space.
Joint Trial Management Certificate
15 pages
Document Format Requirements13 rules
Motions in limine and motions for substantive amendments to charges must be in writing.
Motions in Limine and Motions for Substantive Amendments to Charges pursuant to Crim. P. 7(e) shall be in writing
Each party must bring four hard-copy sets of exhibits to court, including copies for the party, opposing party, witness, and judge.
You are responsible for bringing four sets of your exhibits, in hard copy, to court (1 for you, 1 for the other party, 1 for the witness, and 1 for the Judge).
Paper
The Trial Management Certificate must be double-spaced and formatted consistently with C.R.C.P. 10(d)(2).
The TMC shall be double-spaced and formatted consistent with C.R.C.P. 10(d)(2).
Petitioner's exhibits must be numbered and labeled with numbers, respondent's exhibits with letters, and every exhibit page must be numbered.
Petitioner is to label each exhibit with numbers, Respondent with letters. In addition, each page of each exhibit must be numbered.
The Joint Trial Management Certificate must conform to the formatting requirements of C.R.C.P. 10(d)(2).
The TMC shall be formatted consistent with C.R.C.P. 10(d)(2).
Each party must bring four hard-copy sets of its exhibits to court.
You are responsible for bringing four sets of your exhibits, in hard copy, to court (1 for you, 1 for the other party, 1 for the witness, and 1 for the Judge).
Paper
Each party must bring four hard-copy sets of exhibits, label them according to party role, and number every exhibit page.
You are responsible for bringing four sets of your exhibits, in hard copy, to court (1 for you, 1 for the other party, 1 for the witness, and 1 for the Judge). Petitioner is to label each exhibit with numbers, Respondent with letters. In addition, each page of each exhibit must be numbered.
Each party must receive equal space in the Trial Management Certificate.
with each party receiving equal space.
The Trial Management Certificate must conform to the formatting requirements of C.R.C.P. 10(d)(2).
The TMC shall be formatted consistent with C.R.C.P. 10(d)(2).
The Trial Management Certificate must be double-spaced and formatted consistently with C.R.C.P. 10(d)(2).
The TMC shall be double-spaced and formatted consistent with C.R.C.P. 10(d)(2).
Petitioner's exhibits must be numbered and respondent's exhibits lettered, with every exhibit page numbered.
Petitioner is to label each exhibit with numbers, Respondent with letters. In addition, each page of each exhibit must be numbered.
Each party must receive equal space within the Joint Trial Management Certificate.
The TMC is limited to fifteen (15) pages exclusive of the Header, Signature lines, and Certificate of Service, with each party receiving equal space.
A separate judge’s exhibit copy is unnecessary when all exhibits have been electronically filed.
If all exhibits have been electronically filed, a Judge’s copy is not required.
Document Filing Requirements23 rules
The party filing the motion must file a Notice to Set within 28 days, setting a pretrial conference and hearing and identifying the mediation date.
No later than 28 days from the date of this Order, the party who filed the Motion shall set the matter for a pretrial conference and hearing by filing a Notice to Set (JDF1123), which shall inform the Court of the mediation date.
Document Type
Notice To Set
Any stipulated agreement reached in mediation must be filed with the court.
Any stipulated agreements reached in mediation are to be filed with the Court.
Document Type
Stipulated Agreement
Every motion must be written and identify the specific relief sought and the specific factual basis for the issue presented.
All motions shall be written to advise the Court of the specific relief sought and the specific factual basis for the issue presented to the Court for determination.
Document Type
Motion
Plea paperwork is required for every plea agreement.
The Court requires plea paperwork for all plea agreements.
Document Type
Plea Agreement
At sentencing, defense counsel must be prepared with a calculation of any available presentence confinement credit.
Defense Counsel must be ready at the time of sentencing with a calculation of any pre-sentence confinement credit that may be awarded.
Document Type
Sentencing Memorandum
For a defendant at liberty on bond who will have a later sentencing hearing, written consent of surety must be filed before the jury verdict or entry of the plea.
Where a defendant is at liberty on bond and, following a plea or jury verdict, a sentencing hearing is to be scheduled for a later date, a written consent of surety in which the bondsperson agrees to remain on bond following conviction MUST be filed prior to the return of the jury verdict or entry of the plea.
Document Type
Consent Of Surety
The prosecution and defense must deliver proposed jury instructions, the joint witness list, exhibits, and an agreed statement of the case to opposing counsel and the court no later than the Friday before trial.
All proposed jury instructions from the Prosecution and Defense including case specific instructions, affirmative defense instructions, and verdict forms (with the exception of a “Theory of Defense” Instruction), the joint list of witnesses, exhibits (subject to the Supreme Court’s holding in People v. Kilgore, 455 P.3d 746 (Colo. 2020) and an agreed upon statement of the case must be delivered to opposing Counsel and to the Court no later than the Friday prior to the commencement of trial.
Document Type
Proposed Jury Instructions
When at least one party has counsel, counsel must file a Joint Trial Management Certificate stating both parties' positions.
If at least one party is represented by counsel, counsel shall file a Joint TMC by this date, including the positions of both parties.
Document Type
Joint Trial Management Certificate
The pretrial filings must identify the disputed issues and the party's witnesses and exhibits.
These filings shall set out the disputed issues, that party’s witnesses and exhibits,
Document Type
Trial Management Certificates And Pro Se Pre Trial Statements
Trial Management Certificates and a Joint Marital Spreadsheet must be filed at least seven days before the hearing.
Trial Management Certificates (“TMC”) and Joint Marital Spreadsheet shall be filed with the Court no less than 7 days before the hearing date.
Document Type
Trial Management Certificate And Joint Marital Spreadsheet
Any stipulated agreement reached during mediation must be filed with the court.
Any stipulated agreements reached in mediation are to be filed with the Court.
Document Type
Stipulated Agreement
When neither party is represented, each party must separately file Form JDF 1129 as a Pro Se Pre-Trial Statement.
If neither party is represented by counsel, each party shall separately file a Pro Se Pre-Trial Statement (Form JDF 1129).
Document Type
Pro Se Pre Trial Statement
The parties must file a list of trial exhibits with the court.
The parties shall both exchange trial exhibits and file a list of the Exhibits with the Court no later than 7 days before the hearing date.
Document Type
Exhibit List
Every motion must begin with a certification that the movant conferred in good faith with opposing counsel and any self-represented parties.
As of January 1, 2018, C.R.C.P. 121 §1-15(8) requires that all motions shall, at the beginning, contain a certification that the movant in good faith has conferred with opposing counsel and any self-represented parties about the motion.
Document Type
Motion
Every motion must begin with a certification that the movant conferred in good faith with opposing counsel and any self-represented parties about the motion.
As of January 1, 2018, C.R.C.P. 121 §1-15(8) requires that all motions shall, at the beginning, contain a certification that the movant in good faith has conferred with opposing counsel and any self-represented parties about the motion.
Document Type
Motion
Any stipulated agreement reached in mediation must be filed with the court.
Any stipulated agreements reached in mediation are to be filed with the Court.
Document Type
Mediation Agreement
The party filing the motion must file a Notice to Set form by the stated deadline to schedule a pretrial conference and hearing and provide the mediation date.
NOTICE TO SET: No later than 28 days from the date of this Order, the party who filed the Motion shall set the matter for a pretrial conference and hearing by filing a Notice to Set (JDF1123), which shall inform the Court of the mediation date.
Document Type
Notice To Set
When neither party has counsel, each pro se party must separately file Form JDF 1129 by the pretrial filing deadline.
If neither party is represented by counsel, each party shall separately file a Pro Se Pre-Trial Statement (Form JDF 1129).
Document Type
Pro Se Pre Trial Statement
A party seeking a virtual appearance or virtual witness testimony must file Form JDF 1309 under C.R.C.P. 43(i) as soon as the need becomes known.
Any party wishing to appear virtually, or to present the testimony of any witness virtually, must file a motion for absentee testimony (Form JDF 1309) pursuant to C.R.C.P. 43(i) as soon as the need for absentee testimony becomes known.
Document Type
Motion For Absentee Testimony
Except for newly released appellate opinions, parties are discouraged from first citing legal authority at the hearing.
With the exception of newly released appellate opinions, the Parties are dissuaded from citing legal authority for the first time at the Hearing.
Document Type
Motion
Boilerplate motions are strongly discouraged, and each motion must apply the governing law to the case's specific facts.
“Boiler plate” motions are strongly discouraged, and each motion shall include the applicable law as applied to the specific facts of the case at issue.
Document Type
Motion
Proposed jury instructions that deviate from the Colorado Jury Instructions must include supporting statutory or case authority.
Any proposed Instructions that deviate from COLJI shall be accompanied by supporting authority in the form of either statutory or case citation.
Document Type
Proposed Jury Instructions
Counsel are encouraged, though not required by this sentence, to submit plea paperwork for the court's review before the scheduled guilty-plea entry.
It is appreciated when Counsel submits plea paperwork for the Court’s review prior to the date and time scheduled for the entry of a plea of guilty.
Document Type
Plea Agreement
Filing & Service rules
Electronic Filing Rules
Proposed jury instructions must be electronically filed in an editable format.
THE COURT REQUIRES PROPOSED JURY INSTRUCTIONS BE E-FILED IN AN EDITABLE FORMAT.
Page 3 | Exhibits, Witnesses and Instructions
Filing Timing and Cure Windows
After 35 days, the court will review compliance, and the pending motion may be dismissed as abandoned if the required Notice to Set and mediation date were not filed.
The Court will review this matter in 35 days to determine whether the parties have complied with this Order. If a notice to set, including a scheduled mediation date, has not been filed, the pending Motion may be deemed abandoned and dismissed.
Page 2 | A. PROCESS FOR RESOLVING THE MOTION
For motions seeking modification of child support or maintenance, the parties must exchange mandatory financial disclosures and file updated sworn financial statements no later than 42 days after service of the motion.
Pursuant to C.R.C.P. 16.2(e), if the Motion includes a request to modify child support or maintenance the parties shall exchange mandatory financial disclosures and file updated Sworn Financial Statements (JDF 1111) no later than 42 days after service of the Motion.
Page 2 | A. PROCESS FOR RESOLVING THE MOTION
Each self-represented party must separately file Form JDF 1129 by the pretrial filing deadline.
If neither party is represented by counsel, each party shall separately file a Pro Se Pre-Trial Statement (Form JDF 1129).
Page 3 | A. PROCESS FOR RESOLVING THE MOTION
A Trial Management Certificate must be filed at least seven days before the hearing.
Trial Management Certificates (“TMC”) shall be filed with the Court no less than 7 days before the hearing date.
Page 3 | A. PROCESS FOR RESOLVING THE MOTION
The responding party must file a short response no later than two business days before the discovery status conference.
The other party shall file a short response no later than two business days before the conference.
Page 4 | B. GENERAL ORDERS & PROCEDURES
The requesting party must file a statement of the disputed issues and its position no later than three business days before the discovery status conference.
No later than three business days before the status conference, the party requesting the conference shall file a short statement describing the disputed issues and your position.
Page 4 | B. GENERAL ORDERS & PROCEDURES
A party's response to a motion is due within 14 days and must include legal authority.
To the extent a Party wishes to respond to a Motion, they must do so within fourteen(14) days and include legal authority
Page 2 | Motions
A reply to a motion response is due no later than seven days after the response.
any reply will be due no later than seven(7) days thereafter.
Page 2 | Motions
Motions in limine and motions for substantive amendments to charges must be filed at least seven days before the pretrial readiness conference at which they will be heard.
Motions in Limine and Motions for Substantive Amendments to Charges pursuant to Crim. P. 7(e) shall be in writing and shall be filed no later than seven (7) days prior to the Pretrial Readiness Conference at which time they will be heard by the Court.
Page 2 | Motions
Unless the court orders otherwise, all substantive motions must be filed within 28 days after arraignment.
Unless otherwise Ordered, all substantive Motions shall be filed no later than 28 days following arraignment.
Page 2 | Motions
The exhibit list must be filed with the court no later than seven days before the hearing.
The parties shall both exchange trial exhibits and file a list of the Exhibits with the Court no later than 7 days before the hearing date.
Page 2 | Exchange of Trial Exhibits
The Trial Management Certificate and Joint Marital Spreadsheet are due no less than seven days before the hearing.
Trial Management Certificates (“TMC”) and Joint Marital Spreadsheet shall be filed with the Court no less than 7 days before the hearing date.
Page 2 | Trial Management Certificate Rule 16.2 (h)
The parties must exchange trial exhibits and file an exhibit list with the court no later than 7 days before the hearing.
The parties shall both exchange trial exhibits and file a list of the Exhibits with the Court no later than 7 days before the hearing date.
Page 2 | Exchange of Trial Exhibits
A Trial Management Certificate must be filed with the court at least 7 days before the hearing.
Trial Management Certificates (“TMC”) shall be filed with the Court no less than 7 days before the hearing date.
Page 2 | Trial Management Certificate Rule 16.2 (h)
The discovery status statement is due no later than three days before the status conference.
No later ===== PAGE 4 ===== than three days before the status conference, each party shall file a short statement (no more than 2 pages) describing the disputed issues and that party’s position.
Page 3 | No Written Discovery Motions
A Joint Trial Management Certificate must be filed at least seven days before the hearing when at least one party is represented by counsel.
Trial Management Certificates (“TMC”) shall be filed with the Court no less than 7 days before the hearing date.
Page 3 | 4. 1 week (7 days) before Hearing – Joint Trial Management Certificate
The party requesting a discovery status conference must file a short statement describing the disputed issues and its position no later than three business days before the conference.
No later than three business days before the status conference, the party requesting the conference shall file a short statement describing the disputed issues and your position.
Page 4 | 7. Discovery Disputes
The motion for absentee testimony must be filed as soon as virtual appearance or virtual witness testimony becomes necessary.
Any party wishing to appear virtually, or to present the testimony of any witness virtually, must file a motion for absentee testimony (Form JDF 1309) pursuant to C.R.C.P. 43(i) as soon as the need for absentee testimony becomes known.
Page 4 | 6. Motions for Virtual Appearance
The responding party must file a short response no later than two business days before the discovery status conference.
The other party shall file a short response no later than two business days before the conference.
Page 4 | 7. Discovery Disputes
A late-filed motion in limine or motion to amend will be considered only if good cause is shown.
Late filed Motion in Limine or Motions to Amend will be addressed only with good cause shown.
Page 2 | Motions
Service and Proof of Service Rules
The pretrial statement and all attachments must be sent to the other party by the seven-day pretrial deadline.
This statement and all attachments must also be sent to the other side by this date.
Page 3 | A. PROCESS FOR RESOLVING THE MOTION
Opposing counsel must be copied on all correspondence to the court using counsel's direct email address.
Opposing counsel must be included on all correspondence to the court using their direct e-mail address(es).
Page 2 | Motions
The parties must exchange their trial exhibits with each other.
The parties shall both exchange trial exhibits and file a list of the Exhibits with the Court no later than 7 days before the hearing date.
Page 2 | Exchange of Trial Exhibits
The statement and all attachments must be sent to the other side by this date.
This statement and all attachments must also be sent to the other side by this date.
Page 3 | Trial Management Certificate Rule 16.2 (h)
The pretrial statement and all attachments must be sent to the opposing side by the applicable pretrial filing deadline.
This statement and all attachments must also be sent to the other side by this date.
Page 3 | 4. 1 week (7 days) before Hearing – Joint Trial Management Certificate
Counsel intending to rely on newly released case law should provide copies to opposing counsel and the court before the hearing begins.
Copies of newly released case law upon which counsel intends to rely should be provided to opposing counsel and the Court prior to the commencement of the Hearing.
Page 2 | Motions
Courtesy Copy Requirements
A separate hard-copy judge set of exhibits is unnecessary when all exhibits have been electronically filed.
If all exhibits have been electronically filed, a Judge’s copy is not required.
Page 3 | 5. On the day of the Hearing
Filing Bundling Requirements
Documentary exhibits must be marked and uploaded into the Court Filing System as one submission when possible, with the filing party’s designation.
All documentary Exhibits shall be marked and uploaded into the Court Filing System as a single submission (to the extent possible) with the filing Party’s designation.
Page 3 | Exhibits, Witnesses and Instructions
Pre-Motion Conference Requirements
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.
Page 4 | Expectations to Confer in Good Faith
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.
Page 4 | Expectations to Confer in Good Faith
Adjournment & Extension Requirements
At a contested motions, preliminary, or revocation hearing, parties must be ready to proceed unless they timely move to continue for good cause.
On the date set for a contested Hearing (Motions, Preliminary or Revocation) the Parties shall be prepared to go forward unless they have filed a timely Motion to Continue establishing good cause for the continuance.
Page 1 | Scheduling
Parties generally must enter a plea by their third appearance, and requests for additional dates are granted only for good cause.
The Parties will generally be expected to enter a plea no later than their third appearance in the Division. Requests for additional dates will be granted only for good cause shown.
Page 1 | Scheduling
At sentencing, the district attorney must be prepared to state the requested restitution amount or establish good cause for an extension.
The District Attorney shall be prepared with the restitution amount being requested or establish good cause for an extension of time.
Page 2 | Plea and/or Sentencing
The court will not grant a continuance when a witness appears unexpectedly or fails to appear without proper service of a subpoena.
The Court will not allow for continuances when a witness appears unexpectedly or fails to appear without having been properly served a subpoena.
Page 6 | General Provisions
Chambers Communication Rules
If a motion may exceed its allotted hearing time, the moving party must email court staff within seven days after filing to request an additional hearing date.
If a Motion is expected to take longer than the time allotted for the Motions Hearing, it is the moving Party’s obligation to contact Court Staff via e-mail within seven(7) days following the filing of the Motion at: D04_Courts_Div9@judicial.state.co.us to request to schedule an additional Hearing date.
Page 2 | Motions
The petitioner must schedule mediation with the Office of Dispute Resolution by telephone within 21 days after the order.
Within 21 days from the date of this Order, the party who filed the Petition shall schedule mediation by calling the Office of Dispute Resolution (ODR) at (719) 452-5005 or 04JDMediation@judicial.state.co.us.
Page 1 | MEDIATION
A party unable to resolve a discovery dispute may contact the court clerk to arrange a forthwith status conference.
If you are truly unable to reach an agreement, you may contact the Court clerk to set a forthwith status conference to resolve the issue.
Page 4 | B. GENERAL ORDERS & PROCEDURES
The petitioning party may schedule mediation within 21 days after the order by calling the Office of Dispute Resolution or using the listed email address.
Within 21 days from the date of this Order, the party who filed the Petition shall schedule mediation by calling the Office of Dispute Resolution (ODR) at (719) 452-5005 or 04JDMediation@judicial.state.co.us.
Page 2 | Mediation
The petitioning party must schedule mediation by calling the Office of Dispute Resolution within 21 days after the order.
Within 21 days from the date of this Order, the party who filed the Petition shall schedule mediation by calling the Office of Dispute Resolution (ODR) at (719) 452-5005
Page 2 | Mediation
After making meaningful efforts to resolve a discovery dispute, a party may contact the court clerk to set a forthwith status conference.
If you are truly unable to reach an agreement, you may contact the Court clerk to set a forthwith status conference to resolve the issue.
Page 4 | 7. Discovery Disputes
Pro se settings must be arranged by telephone with Division 9 Judicial Assistants.
Pro-se settings are by telephone by calling Division 9 Judicial Assistants at (719) 452-5358.
Page 1 | General Division Procedures
Parties should email the Division 9 court address to confirm dates and avoid requests to amend notices related to the summer holiday schedule.
To avoid multiple requests to amend notices due to the summer holiday schedule, please email D04_Courts_Div9@judicial.state.co.us to confirm dates.
Page 1 | General Division Procedures
When both parties are represented by counsel, the court will arrange the setting by email and contact the parties on the setting date.
If both parties are represented by counsel, the setting will be done via email and parties will be contacted by court staff on setting date.
Page 1 | General Division Procedures