Fourth Judicial District Court, Colorado Document Filing Requirements

Applies to

Notice to set

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.

Applies to

Motion

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.

Applies to

Plea agreement

Plea paperwork is required for every plea agreement.

The Court requires plea paperwork for all plea agreements.

Applies to

Sentencing memorandum

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.

Applies to

Consent of surety

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.

Applies to

Proposed jury instructions

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.

Applies to

Mediation agreement

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.

Applies to

Pro se pre trial statement

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).

Applies to

Motion for absentee testimony

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.

Applies to

Motion

Must include

certificate of conference

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.

Applies to

Stipulated agreement

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.

Applies to

Notice to set

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.

Applies to

Stipulated agreement

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.

Applies to

Exhibit list

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.

Applies to

Trial management certificate and joint marital spreadsheet

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.

Applies to

Joint trial management certificate

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.

Applies to

Pro se pre trial statement

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).

Applies to

Trial management certificates and pro se pre trial statements

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,

Applies to

Motion

Must include

certificate of conference

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.

Applies to

Proposed order

Must include

proposed order

The parties must file a Rule 16-compliant proposed case management order no later than 42 days after the case is at issue under Rule 16(b)(1).

No later than 42 days after the case is at issue as defined by Rule 16(b)(1), the parties shall file a proposed case management order that complies with the requirements of Rule 16.

Applies to

Brief

Each numbered material fact must cite record evidence specifically, and a general citation is insufficient for a document longer than one page.

each separately numbered and paragraphed fact must be accompanied by a specific reference to material in the record which establishes that fact. General references to pleadings, depositions, or documents are insufficient if the document is over one page in length.

Applies to

Brief

For court-filed materials, a specific reference must include the document title, filing or service date, and pinpoint paragraph or page-and-line citation; an attached document may be cited by pinpoint paragraph or page-and-line number.

in the case of materials filed with the court, the title of the document, the date on which it was filed or served, and a specific paragraph or page and line numbers; or, if the document is attached to the motion, the paragraph or page and line number;

Applies to

Notice of discovery dispute

Must include

legal argument, certificate of conferral

A complaining party must file a Notice of Discovery Dispute containing a certificate of conferral and a brief of no more than three pages, double-spaced in 12-point font, explaining the dispute, requested relief, and supporting legal authority.

Should a discovery dispute arise, the complaining party shall file a Notice of Discovery Dispute, containing (1) a certificate of conferral and (2) a brief which shall not exceed three pages, double spaced, with 12-point font, explaining the exact nature of the dispute, the relief requested, and any supporting legal authority.

Applies to

Motion

Every Rule 56 motion must satisfy the summary-judgment-specific factual submission requirements that follow.

Because of the voluminous factual materials which are frequently submitted with a motion for summary judgment, all Rule 56 motions must comply with the following requirements:

Applies to

Brief

The movant must include a section titled “Statement of Undisputed Material Facts” containing separately numbered and paragraphed material facts stated in simple declarative sentences.

In a section of the brief styled “Statement of Undisputed Material Facts,” the movant shall set forth in simple, declarative sentences, separately numbered and paragraphed, each material fact which the movement believes is not in dispute and which supports movant’s claim that movant is entitled to judgment as a matter of law.

Applies to

Motion

When relying on interrogatories or requests for admission, the movant must file the pertinent portions and cite the specific interrogatory or request number.

in the case of interrogatories or requests for admission (the pertinent parts of which must be filed with the motion), the number of the interrogatory or request;

Applies to

Brief

A deposition or other line-numbered document must be cited by the specific page and line numbers establishing the fact.

in the case of depositions or other documents bearing line numbers, the specific page and line(s) establishing the fact;

Applies to

Motion

An affidavit supporting a Rule 56 motion must be cited by the specific paragraph establishing the fact.

in the case of affidavits submitted in support of the motion, the specific paragraph number establishing the fact;

Applies to

Brief

Other unnumbered materials must be referenced in a way that permits the court to locate the fact without reviewing the entire document, using highlighting, underscoring, or movant-supplied pagination as appropriate.

in the case of other materials not numbered by paragraph, line or page, a reference which will enable the court to ascertain the fact without reviewing the entire document; the effort at specificity may be made by highlighting, manual underscoring, or pagination supplemented by the movant.

Applies to

Brief

An opposing party must include a section titled “Response to Statement of Undisputed Material Facts” that admits or denies each asserted material fact.

Any party opposing the motion for summary judgment shall, in a section styled “Response to Statement of Undisputed Material Facts,” admit or deny the asserted material facts set forth by movant.

Applies to

Brief

Each admission or denial must appear in a separate paragraph numbered to match the movant’s corresponding fact paragraph.

The admission or denial shall be made in separate paragraphs numbered to correspond to movements paragraph numbering.

Applies to

Brief

Every denial must include a brief factual explanation and a specific record citation supporting it.

Any denial shall be accompanied by a brief factual explanation of the reason(s) for the denial and a specific reference to material in the record supporting the denial.

Applies to

Brief

If the opposition identifies additional material disputed facts that undermine entitlement to judgment, its brief must include a separately titled, numbered, and paragraphed section using simple declarative sentences.

If the party opposing the motion believes that there exist additional disputed questions of fact which it has not adequately addressed in the submission it has made pursuant to subparagraph 4 above (for example, disputed facts concerning an affirmative defense), the party shall, in a separate section of the party’s brief styled “Statement of Additional Disputed Facts,” set forth in simple, declarative sentences, separately numbered and paragraphed, each additional, material disputed fact which undercuts movant’s claim that it is entitled to judgment as a matter of law.

Applies to

Brief

Each additional disputed fact must be supported by a specific record citation establishing the fact or demonstrating that it is disputed.

Each separately numbered and paragraphed fact shall be accompanied by a specific reference to material in the record which establishes the fact or least demonstrates that it is disputed.

Applies to

Reply brief

Every Rule 56 reply brief must comply with the specifically listed reply-content requirements.

any reply brief must comply with the following requirements:

Applies to

Reply brief

A reply brief must place any factual response about the movant’s asserted undisputed facts in a section titled “Reply Concerning Undisputed Facts” and support it with specific record citations.

in a separate section styled “Reply Concerning Undisputed Facts,” include any factual reply which movant cares to make regarding the facts asserted in its motion to be undisputed, supported by specific references to material in

Applies to

Summary judgment brief

For each fact the opposing party claims is disputed under subparagraph 5, the responding party must admit the dispute or briefly explain why it is undisputed and cite specific supporting record material in a separate section titled “Response Concerning Disputed Facts.”

In a separate section styled “Response Concerning Disputed Facts” (with respect to each fact which the opposing party, pursuant to subparagraph 5 above, claims to be in dispute), either admit that the fact is disputed or supply a brief factual explanation for its position that the fact is undisputed, accompanied by a specific reference to material in the record which establishes that the fact is undisputed.

Applies to

Jury preparation materials

The People must deliver the proposed jury instructions, joint witness list, exhibits, and supplemental jury questionnaires to the Division and opposing counsel by noon on the Friday before trial.

All of the People’s proposed jury instructions, including case specific instructions, the joint list of witnesses, exhibits, and supplemental jury questionnaires shall be delivered to the Division and a copy provided to opposing counsel by no later than 12:00 p.m. on the Friday prior to trial.

Applies to

Notice to set

If parties do not contact the court on the setting day, they must file a new notice to set.

If parties fail to call/email the Court on the day of the setting, a new notice to set must be filed.

Applies to

Notice

After obtaining dates from the clerk, the filing party must confer with the other side and file a notice.

Once the Court Clerk has given dates to the filing party they must then confer with the other side and file a notice.

Applies to

Stipulated case management order

The parties must file a stipulated Case Management Order when requesting vacatur of the case management conference.

File the stipulated Case Management Order with the Court.

Applies to

Stipulated case management order

A stipulated Case Management Order used to vacate the conference must clearly and boldly state at the top that the parties have agreed to vacate it.

Clearly and boldly state at the top of the stipulated CMO that they have agreed to vacate the Case Management Conference.

Applies to

Plea agreement

Plea agreements must be submitted in writing and include the written rights advisement, all agreement terms, and the relevant elements and definitions for the charge.

All plea agreements (to include deferred sentencing agreements) shall be tendered to the Court in writing and include the written rights advisement, all terms of the agreement, and shall include all relevant elements and definitions for the charge to which the Defendant is pleading guilty per the plea agreement.

Applies to

Theory of defense instructions

Defense theory-of-the-case instructions must be provided to the prosecution no later than the close of the prosecution’s case in chief.

Theory of the defense instructions shall be provided to the prosecution no later than the close of the People’s case in chief.

Applies to

Supplemental jury questionnaire

If requested, any supplemental jury questionnaire must be submitted to the Court and opposing counsel before the pretrial readiness conference.

If a supplemental questionnaire is requested, it shall be submitted to the Court and opposing counsel prior to pre-trial readiness.

Applies to

Surety consent

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.

Applies to

Notice of received evaluation or assessment

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.

Applies to

Long order

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.

Applies to

Expert testimony summary

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.

Applies to

Trial submission

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.

Applies to

Proposed 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.

Applies to

Defense instructions

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.

Applies to

Statement of the case

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.

Applies to

Guilty plea

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.

Applies to

QRTP assessment

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.

Applies to

Privilege log

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.

Applies to

Redaction request

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.

Applies to

Additional redaction motion

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.

Applies to

Motion

Must include

certificate of conference

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).

Applies to

Notice of motion

If parties fail to call the court on the setting date, they must file a new Notice to Set.

If parties fail to call the Court on the day of the setting, a new Notice to Set must be filed.

Applies to

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.

Applies to

Motion

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.

Applies to

Proposed jury instructions

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.

Applies to

Brief

A general record reference is sufficient only when the nature of the material fact does not permit a more specific reference.

Only if the nature of the material fact does not permit a specific reference (e.g., “the contract contains no provision for termination.”), is a general reference sufficient.

Applies to

Audio video exhibits

Counsel must confer about redacting audio and video exhibits before trial to minimize editing delays.

Counsel are ordered to confer about redactions to audio/video exhibits prior to trial so as to minimize delays due to the editing process.

Applies to

Case duration notice

At arraignment, the parties must notify the Court if they believe a criminal case may take more than two weeks to try.

The Court alternates its criminal weeks with its domestic weeks. The parties must advise the Court at the time of arraignment if they believe the case has the possibility of going more than two weeks.

Applies to

Expert disclosure

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.

Applies to

Objection

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.

Applies to

Motion

Must include

certificate of conference

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

Applies to

Expert witness disclosure

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.

Applies to

Proposed jury instructions

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.

Applies to

Notice of mediation

Mediation must be scheduled before every pre- or post-decree setting unless the court itself deems the matter an emergency.

Mediation must be scheduled prior to a setting on all matters whether they are pre or post decree. The only exception is in emergency matters, which must be deemed an emergency by the Court not by the parties.

Applies to

Plea agreement

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.