Judge Lin Billings Vela
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Unless extraordinary circumstances apply, a continuance motion must be filed in writing at least seven days before trial and set for hearing no later than the pretrial release and discovery hearing or the pretrial criminal docket hearing.
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Document Filing Requirements19 rules
A QRTP assessment must be filed with the Court and served on the specified counsel, representatives, and CASA when assigned.
A QRTP assessment will be filed with the Court and served on counsel of record for the parents/guardians/legal custodians of the subject child/youth assessed, the parent/guardians/legal custodian of the child if pro se, the child/youth’s Guardian ad Litem or child/youth’s Attorney, and Court-Appointed Special Advocate (CASA) if assigned.
Document Type
QRTP Assessment
A party asserting privilege must provide the opposing parties a privilege log identifying the general type and page count of each privileged document.
d. If a party asserts an item is privileged, the asserting party must disclose to the opposing parties a privilege log noting the general type of document asserted as privileged and number of pages.
Document Type
Privilege Log
RPC, GAL/CFY, and CASA must request any additional redactions in writing from OCA.
g. Affirmative Duty to Request Other Redactions or Non-Disclosure of Documents and Records: Other than the redactions listed above, respondent parent counsel (RPC) or GAL/CFY or CASA have an affirmative duty to request additional redaction in writing with the OCA.
Document Type
Redaction Request
The additional-redaction motion must state the type of information sought to be redacted and briefly explain why redaction is requested.
If no agreement is reached regarding additional redactions, the party requesting the redaction shall file a motion with the court within five (5) days after service of the request, stating the type of additional information the respondent is requesting to be redacted, and a brief explanation outlining why the request is being made.
Document Type
Additional Redaction Motion
A notice reporting receipt and dissemination of an evaluation or assessment must be filed with the court.
A notice will be filed with the Court stating an evaluation or assessment has been received and disseminated.
Document Type
Notice Of Received Evaluation Or Assessment
Unless the court directs otherwise, the OCA must prepare and submit a written findings-and-orders document for approval within 14 days after the hearing.
Unless the court otherwise directs, the OCA shall prepare a written order reflecting the findings and orders of the court after a hearing and shall submit the same for approval no later than fourteen (14) days following the Court hearing.
Document Type
Long Order
Motions requesting specific relief must include a statement about conferring with opposing counsel or making a good-faith effort to confer and provide opposing counsel’s position.
All motions requesting specific relief from the court shall include a statement that the moving party has conferred or made a good faith effort to confer with the opposing counsel and opposing counsel’s position as governed by Rule 121 C.R.C.P. section 1-15(8).
Document Type
Motion
If an expert has not prepared a written report, counsel must provide a summary of the expert's expected testimony.
If the expert has not prepared a written report, counsel shall provide a summary of the witness’ expected testimony.
Document Type
Expert Testimony Summary
Counsel must meet and prepare an agreed statement of the case for inclusion in the juror notebooks.
Counsel are required to meet and prepare an agreed-upon statement of the case for inclusion in the juror notebooks.
Document Type
Statement Of The Case
Proposed defense instructions, including the defendant's theory of the case, must be submitted electronically to the court and prosecution before evidence closes.
Any proposed defense instructions, including the defendant’s theory of the case, must be submitted electronically to the Court and prosecution prior to the close of evidence.
Document Type
Defense Instructions
The District Attorney must provide a complete set of proposed instructions no later than the morning of the first day of trial.
The District Attorney shall provide a complete set of proposed instructions no later than the morning of the first day of trial.
Document Type
Proposed Instructions
Counsel must provide the court with a joint witness list and their respective proposed exhibit charts no later than the morning of trial.
Counsel shall provide the court with a joint witness list and respective proposed exhibit charts no later than the morning of trial.
Document Type
Trial Submission
Every guilty plea must include a written plea agreement stating its terms.
All guilty pleas must include a written plea agreement outlining the terms of the plea agreement.
Document Type
Guilty Plea
Unless the district attorney consents to a personal recognizance bond, the defendant must have a surety's written consent to remain on bond pending sentencing, with no exceptions.
Following entry of a guilty plea, unless the D.A. consents to a P.R. bond, the defendant must have written consent of surety to remain on bond pending sentencing. THERE ARE NO EXCEPTIONS.
Document Type
Surety Consent
Objections must be specific, and the court will strike objections that are stated only generally.
Objections must be made with specificity. The court will strike general objections.
Document Type
Objection
Counsel is excused from the conferral requirement for summary-judgment, peremptory-challenge allocation, improper-appeal limitation, witness-sequestration, report-author attendance, and permanency motions.
Counsel is relieved from conferring under this rule on the following motions: i. Motions for summary judgment ii. Motions concerning allocation of peremptory challenges iii. Motions seeking to limit improper appeals to the trier of fact iv. Motions to sequester witnesses v. Motions for attendance of report authors vi. Permanency motions
Document Type
Motion
When an expert has no written report, a summary of the expert’s opinion must be provided.
If the expert did not prepare a written report, a summary of the expert’s opinion shall be provided.
Document Type
Expert Witness Disclosure
Each party must provide its own proposed instructions for disputed instructions and any additional instructions omitted from the OCA’s packet.
Each party must provide their own proposed instruction(s) for any that are in dispute and any additional instructions not included in the OCA’s packet.
Document Type
Proposed Jury Instructions
Expert testimony is limited to the expert's disclosed statements, reports, or summary and the reasonable inferences drawn from them.
Expert testimony shall be limited to their statements, reports, or summary and the reasonable inferences which may be drawn there from.
Document Type
Expert Disclosure
Filing & Service rules
Electronic Filing Rules
Proposed defense instructions must be submitted electronically to the court and prosecution before the close of evidence.
Any proposed defense instructions, including the defendant’s theory of the case, must be submitted electronically to the Court and prosecution prior to the close of evidence.
Page 2 | EXHIBITS AND INSTRUCTIONS
An electronic copy of the District Attorney's proposed instructions must be provided to the court and defense.
An electronic copy shall be provided to the Court and defense.
Page 2 | EXHIBITS AND INSTRUCTIONS
Filing Timing and Cure Windows
Written treatment plans must be filed and served at least seven days before the dispositional hearing.
All written treatment plans must be filed with the Court and served on all counsel of record or pro se parties no later than seven (7) days prior to the dispositional hearing.
Page 2 | 4. FILING WRITTEN STATUS REPORTS (WSR), MOTIONS FOR PERMANENCY, TREATMENT PLANS, AND QRTP ASSESSMENTS
Written status reports and motions for permanency must be filed and served at least five days before the hearing.
All written status reports and motions for permanency must be filed with the Court and served on all counsel of record or pro se parties no later than five (5) days prior to the hearing.
Page 2 | 4. FILING WRITTEN STATUS REPORTS (WSR), MOTIONS FOR PERMANENCY, TREATMENT PLANS, AND QRTP ASSESSMENTS
If a redaction request cannot be resolved, the requesting party must file a motion within five days after service of the request that identifies the information to be redacted and briefly explains the request.
If no agreement is reached regarding additional redactions, the party requesting the redaction shall file a motion with the court within five (5) days after service of the request, stating the type of additional information the respondent is requesting to be redacted, and a brief explanation outlining why the request is being made.
Page 4 | 5. DISCLOSURES OF EL PASO COUNTY DEPARTMENT OF HUMAN SERVICES RECORDS
The OCA's proposed long order must be submitted for approval no later than 14 days after the hearing, unless the court directs otherwise.
Unless the court otherwise directs, the OCA shall prepare a written order reflecting the findings and orders of the court after a hearing and shall submit the same for approval no later than fourteen (14) days following the Court hearing.
Page 6 | 6. PREPARATION, EXECUTION, AND OBJECTIONS TO LONG ORDERS
Except for continuance and witness-sequestration motions, pretrial motions must be filed and emailed to opposing counsel no later than seven days before trial.
Except for motions for continuance or motions to sequester witnesses, all pretrial motions, shall be filed with the court and copies served on opposing counsel by email no later than seven (7) days before trial.
Page 7 | 9. PRETRIAL MOTIONS, PREMANENCY PLANNING MOTIONS AND CERTIFICATE OF CONSULTATION
The opposing party has seven days after service of a Rule 56 motion to file and serve its response and opposing affidavits.
The opposing party shall be allowed seven (7) days following service of the motion to file and serve a response and any opposing affidavits.
Page 7 | 8. MOTIONS FOR SUMMARY JUDGEMENT AND MOTIONS FOR DETERMINATION OF QUESTION OF LAW
A Rule 56 motion must be filed no later than 21 days before the applicable hearing.
Any Rule 56 Motions shall be filed no later than twenty-one (21) days prior to the hearing for which the motion applies.
Page 7 | 8. MOTIONS FOR SUMMARY JUDGEMENT AND MOTIONS FOR DETERMINATION OF QUESTION OF LAW
A complete response to a document-production request must be served within 21 days after service of the request unless the Court orders a different timeframe.
Complete response to the request shall be served no later than twenty-one (21) days after service of the request, or within the timeframe ordered by the Court.
Page 7 | 7. DISCOVERY
Witness and exhibit lists must be filed with the court and provided to all parties no later than 14 days before the specified hearings.
No later than fourteen (14) days before a hearing on permanent custody, contested disposition hearing, termination hearings, allocation of parental responsibility hearings (APR), adjudicatory hearing, or other contested hearings, witness lists and exhibit lists shall be filed with the court and provided to all parties.
Page 8 | 12. EXHIBITS, WITNESS LISTS, AND EXPERT WITNESSES
Expert witnesses must be disclosed no later than 14 days before the hearing, and rebuttal experts no later than seven days before the hearing.
All expert witnesses shall be disclosed no later than fourteen (14) days before the hearings, and rebuttal experts no later than seven (7) days before the hearing.
Page 8 | 12. EXHIBITS, WITNESS LISTS, AND EXPERT WITNESSES
A written motion objecting to expert testimony under Shreck must be filed and served no later than seven days before trial, and failure to file waives the objection.
If counsel for any party objects to the admissibility of any expert testimony as contemplated by People v. Shreck, 22 P.3d68 (Colo.2001), a written motion must be filed and served no later than seven (7) days before trial. Failure to file such motions will be deemed a waiver of Shreck admissibility objections.
Page 9 | B.
Unless otherwise ordered, all discovery must be completed no later than 35 days before trial.
Unless otherwise Ordered, all discovery must be completed no later than 35 days before trial.
Page 1 | DISCOVERY
The District Attorney must provide the defendant and file with the court a good-faith witness list, including addresses and telephone numbers, no later than 35 days before trial.
must provide to the defendant and file with the Court a good faith list of witnesses, including addresses and telephone numbers, no later than 35 days before trial;
Page 1 | DISCOVERY — District Attorney
If a motions hearing has not been set, the moving party must set the matter for hearing no later than 35 days before trial.
If a motions hearing has not been set, the moving party shall set the matter for hearing no later than 35 days before trial;
Page 1 | MOTIONS
Opposing counsel must provide a written response within 21 days.
opposing counsel shall provide written response within 21 days.
Page 1 | MOTIONS
The defendant must provide the District Attorney and file with the court the defense theory, good-faith witness list, affirmative defenses, and alibi notice no later than 35 days before trial.
must provide to the District Attorney and file with the Court the defendant’s theory of defense, good faith list of witnesses, including addresses and telephone numbers, designation of affirmative defenses, and notice of alibi no later than 35 days before trial;
Page 1 | DISCOVERY — Defendant
All substantive motions must be filed no later than 45 days after arraignment.
All substantive motions shall be filed no later than 45 days after arraignment.
Page 1 | MOTIONS
The District Attorney's complete proposed-instruction set is due no later than the morning of the first trial day.
The District Attorney shall provide a complete set of proposed instructions no later than the morning of the first day of trial.
Page 2 | EXHIBITS AND INSTRUCTIONS
Proposed defense instructions are due before the close of evidence.
Any proposed defense instructions, including the defendant’s theory of the case, must be submitted electronically to the Court and prosecution prior to the close of evidence.
Page 2 | EXHIBITS AND INSTRUCTIONS
The joint witness list and proposed exhibit charts must be provided to the court no later than the morning of trial.
Counsel shall provide the court with a joint witness list and respective proposed exhibit charts no later than the morning of trial.
Page 2 | EXHIBITS AND INSTRUCTIONS
All expert statements and reports must be disclosed to opposing counsel no later than 35 days before trial.
All statements and/or reports of the expert shall be disclosed to opposing counsel no later than 35 days before trial.
Page 2 | EXPERTS
Exhibits are deemed authentic unless a written objection is filed no later than three days before the hearing.
Authenticity of exhibits is deemed stipulated to unless objected to in writing no later than three (3) days before the hearing.
Page 8 | 12. EXHIBITS, WITNESS LISTS, AND EXPERT WITNESSES
A requested supplemental questionnaire must be submitted to the court and opposing counsel before the pretrial readiness hearing.
If a supplemental questionnaire is requested, it shall be submitted to the Court and opposing counsel prior to pre-trial readiness.
Page 2 | JURY SELECTION, OPENING AND CLOSING
Service and Proof of Service Rules
A QRTP assessment must be served on counsel of record, the pro se parent, guardian or legal custodian, the child’s Guardian ad Litem or attorney, and the CASA if assigned.
A QRTP assessment will be filed with the Court and served on counsel of record for the parents/guardians/legal custodians of the subject child/youth assessed, the parent/guardians/legal custodian of the child if pro se, the child/youth’s Guardian ad Litem or child/youth’s Attorney, and Court-Appointed Special Advocate (CASA) if assigned.
Page 2 | 4. FILING WRITTEN STATUS REPORTS (WSR), MOTIONS FOR PERMANENCY, TREATMENT PLANS, AND QRTP ASSESSMENTS
Written status reports and motions for permanency must be served on counsel of record and pro se parties at least five days before the hearing.
All written status reports and motions for permanency must be filed with the Court and served on all counsel of record or pro se parties no later than five (5) days prior to the hearing.
Page 2 | 4. FILING WRITTEN STATUS REPORTS (WSR), MOTIONS FOR PERMANENCY, TREATMENT PLANS, AND QRTP ASSESSMENTS
Written treatment plans must be served on counsel of record and pro se parties at least seven days before the dispositional hearing.
All written treatment plans must be filed with the Court and served on all counsel of record or pro se parties no later than seven (7) days prior to the dispositional hearing.
Page 2 | 4. FILING WRITTEN STATUS REPORTS (WSR), MOTIONS FOR PERMANENCY, TREATMENT PLANS, AND QRTP ASSESSMENTS
Service on counsel must be accomplished by electronic filing.
Service on counsel shall be accomplished by e-filing.
Page 2 | 4. FILING WRITTEN STATUS REPORTS (WSR), MOTIONS FOR PERMANENCY, TREATMENT PLANS, AND QRTP ASSESSMENTS
The additional-redaction motion must be served on every party and copied to OCA’s discovery email address.
This motion shall be served on all parties and copied to the (OCA) discovery email.
Page 4 | 5. DISCLOSURES OF EL PASO COUNTY DEPARTMENT OF HUMAN SERVICES RECORDS
Answers to requests for admission must be served on opposing counsel within 10 days after service unless the parties agree otherwise in writing.
Any party receiving requests for admission shall serve its answers upon opposing counsel no later than ten (10) days from the date of service, unless otherwise agreed to in writing by parties.
Page 6 | 7. REQUEST FOR ADMISSIONS AND/OR INTERROGATORIES AND/OR DEPOSITIONS AND/OR REQUEST FOR PRODUCTION OF DOCUMENTS
Answers to written interrogatories must be served on opposing counsel within 10 days after service unless the parties agree otherwise in writing.
Any party receiving interrogations shall serve its answers upon opposing counsel no later than ten (10) days from the date of service, unless otherwise agreed to in writing by parties.
Page 6 | 7. REQUEST FOR ADMISSIONS AND/OR INTERROGATORIES AND/OR DEPOSITIONS AND/OR REQUEST FOR PRODUCTION OF DOCUMENTS
A copy of the long order must be served on all parties when the long order is filed.
Upon the filing of the long order, all parties shall be served a copy.
Page 6 | 6. PREPARATION, EXECUTION, AND OBJECTIONS TO LONG ORDERS
The OCA must email proposed jury instructions to chambers and opposing counsel no later than the morning of trial.
The OCA shall deliver the proposed jury instructions to chambers and the opposing counsel by email no later than the morning of trial.
Page 8 | 13. ADJUDICATORY TRIALS
A written motion raising a Shreck objection to expert testimony must be served no later than seven days before trial.
If counsel for any party objects to the admissibility of any expert testimony as contemplated by People v. Shreck, 22 P.3d68 (Colo.2001), a written motion must be filed and served no later than seven (7) days before trial.
Page 9 | B.
Sealing & Redaction Procedures
The QRTP assessment must be filed as a suppressed document.
The assessment will be filed as suppressed.
Page 2 | 4. FILING WRITTEN STATUS REPORTS (WSR), MOTIONS FOR PERMANENCY, TREATMENT PLANS, AND QRTP ASSESSMENTS
The Petitioner and the El Paso County Department of Human Services Custodian of Records may redact items 1-7 from child abuse and neglect reports and the custodian’s records before discovery release; other requested redactions require an affirmative request.
f. Limited Redaction: The court finds good cause under C.R.S. §19-1-307(1)(b) for the Petitioner and the El Paso County Department of Human Services Custodian of Records, to redact items listed below, 1-7, from all reports of child abuse and neglect, and all records kept by the custodian of records prior to release in discovery. Redactions, when possible, will note which paragraph the redacted information falls under. The OCA need not do any other redactions. If other redactions are requested, the party has an affirmative duty to request. See section e.
Page 3 | 5. DISCLOSURES OF EL PASO COUNTY DEPARTMENT OF HUMAN SERVICES RECORDS
The Petitioner and the El Paso County Department of Human Services Custodian of Records may redact the listed information from specified records before discovery release; other requested redactions must be requested by the party.
f. Limited Redaction: The court finds good cause under C.R.S. §19-1-307(1)(b) for the Petitioner and the El Paso County Department of Human Services Custodian of Records, to redact items listed below, 1-7, from all reports of child abuse and neglect, and all records kept by the custodian of records prior to release in discovery. Redactions, when possible, will note which paragraph the redacted information falls under. The OCA need not do any other redactions. If other redactions are requested, the party has an affirmative duty to request. See section e. 1. The reporting party and associated identifying information; 3 ===== PAGE 4 ===== 2. Any foster placement names and addresses and kinship address; 3. All Social Security numbers; 4. All dates of birth of non-parties;
Page 3 | 5. DISCLOSURES OF EL PASO COUNTY DEPARTMENT OF HUMAN SERVICES RECORDS
OCA/DHS may not release background-check information, including Accurint, CBI, or NCIC results, without a further court order.
5. Background check information, including Accurint search results, CBI search results and/or NCIC search results, OCA/DHS cannot release without further court order;
Page 4 | 5. DISCLOSURES OF EL PASO COUNTY DEPARTMENT OF HUMAN SERVICES RECORDS
Attorney-client privileged materials, including work product, and items whose dissemination is prohibited by law must be redacted; qualifying DHS-held items may be viewed by arrangement with OCA.
6. Items subject to attorney client privilege to include work product; 7. Items to which dissemination is prohibited by law (child pornographic photos). If such items are in the possession of DHS, parties can arrange with the OCA to view them at their office.
Page 4 | 5. DISCLOSURES OF EL PASO COUNTY DEPARTMENT OF HUMAN SERVICES RECORDS
Whenever possible, a redaction should identify the paragraph in which the redacted information appears.
Redactions, when possible, will note which paragraph the redacted information falls under.
Page 3 | 5. DISCLOSURES OF EL PASO COUNTY DEPARTMENT OF HUMAN SERVICES RECORDS
Pre-Motion Conference Requirements
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.
Page 8 | 11. CONTESTED HEARINGS
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;
Page 1 | DISCOVERY — District Attorney
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
Page 1 | DISCOVERY — Defendant
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.
Page 1 | SCHEDULING
Adjournment & Extension Requirements
Absent extraordinary circumstances, the Court will not accept a joint continuance motion or grant a requested continuance on the day of trial.
ABSENT EXTRAORDINARY CIRCUMSTANCES, the Court will not accept joint motions to continue or grant continuances at the request of either party on the day of trial.
Page 3 | MISCELLANEOUS
Unless extraordinary circumstances apply, a continuance motion must be filed in writing at least seven days before trial and set for hearing no later than the pretrial release and discovery hearing or the pretrial criminal docket hearing.
ABSENT EXTRAORDINARY CIRCUMSTANCES, the Court will not accept joint motions to continue or grant continuances at the request of either party on the day of trial. Any motion seeking a continuance must be filed in writing at least 7 days before trial and set for hearing no later than the PTRD hearing or criminal docket before trial.
Page 3 | MISCELLANEOUS