Larimer County District Court Pre-Motion Conference Requirements

CRITICAL

Parties must use the written-discovery dispute procedure to resolve subpoena disputes.

Parties must resolve disputes regarding subpoenas in the same manner as set forth above for written discovery.

CRITICAL

For motions pursuant to Colo. R. Civ. P. 121, § 1-15, the moving party must give the non-moving party at least two business days to respond before filing.

Regarding determination of motions pursuant to Colo. R. Civ. P. 121, § 1-15, the Court interprets the duty to confer as requiring moving parties to give non-moving parties at least two business days to respond before the moving party files the motion.

CRITICAL

Before filing a motion, counsel must confer in good faith with potentially opposing parties to identify and try to resolve issues; one email or call is insufficient.

Colorado Rule of Civil Procedure 121, subsection 1-15(8), states that “[m]oving counsel shall confer with opposing counsel before filing a motion.” That provision requires the parties to identify and attempt to resolve emerging issues before engaging in motions practice. The duty to confer requires counsel to confer in good faith either by telephone, in person, email, or in writing with any party who might potentially oppose the relief requested. One email or call, for example, is insufficient to comply with the rule.

CRITICAL

Before filing a motion, the moving party must confer with any potentially opposing party; if no conference occurs, the reason must be explained in substantive detail as an unusual occurrence, with compliance evaluated case by case and the duty applying equally to pro se parties.

The word “shall” in Rule 121 § 1-15(8) is a mandatory requirement. Before filing a motion, the moving party to confer with any potentially opposing party, as detailed above. “If no conference has occurred, the reason why shall be” explained in substantive detail, and to fall within the realm of an unusual occurrence. On one end of the spectrum, it will not be acceptable for the moving party to make one phone call, leave a voicemail requesting conferral, and then submit a corresponding motion shortly thereafter. On the other hand, the Court will not require a moving party to be hamstrung by an opposing party after numerous attempts to confer, who left messages, with no timely return communication. The Court evaluates whether parties have satisfied the duty to confer on a case-by-case basis. The Court also reads Rule 121 § 1-15(8) as applying to pro se parties in the same manner as it applies to any attorney entering an appearance before the Court.

WARNINGCivil cases

Counsel should confer under C.R.C.P. Rule 121 at the earliest time possible.

A conferral pursuant C.R.C.P. Rule 121 should be made at the earliest time possible.

WARNING

Counsel are expected to confer before filing a Colo. R. Civ. P. 12(b) motion to determine whether amendment can cure the defect and should make best efforts to stipulate to amendments, except when the nonmovant is pro se.

Motions to dismiss under Colo. R. Civ. P. 12(b) are discouraged if the defect may be resolved by the filing of an amended pleading. Counsel are expected to confer prior to filing such motions to determine whether such defect may be cured by amendment, and should exercise best efforts to stipulate to appropriate amendments. If the motion is nonetheless filed, the movant must include a statement describing efforts to comply with the above expectation. The requirement to confer must not apply in cases where the nonmovant is proceeding pro se.

WARNING

Unresolved discovery disputes proceed to a hearing; parties may seek leave to appear remotely, and the Court may request briefing if the dispute remains unresolved.

If counsel cannot resolve the dispute, the Court will address all discovery disputes with a hearing and the parties may seek leave to appear by Webex or telephone. If the Court determines that it can’t resolve the dispute at the hearing, it will request briefing by the parties and will issue a written order.

WARNING

For discovery disputes, counsel are expected to confer meaningfully in writing and by telephone or in person; an exchange of emails alone is insufficient.

The Court expects counsel to confer in a meaningful way in writing, and by telephone or in person to try to resolve any discovery dispute. An exchange of emails is not sufficient.