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SECTION I - CIVIL RULES
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
I. SCOPE, PURPOSE, AND CONSTRUCTION
D.C.COLO.LCivR 1.1
SCOPE OF THE LOCAL CIVIL RULES
(a) Title and Citation. These rules shall be known as the Local Rules of Practice of
the United States District Court for the District of Colorado - Civil. These rules
shall be cited as D.C.COLO.LCivR Rule, Subdivision, Paragraph, Subparagraph,
Item (e.g., D.C.COLO.LCivR 72.1(b)(1)(A)).
(b) Effective Date. Unless otherwise stated, these rules are effective as of
December 1 of each year.
(c) Scope. These rules apply in all civil actions, cases, and proceedings (civil
actions) in the United States District Court for the District of Colorado, except as
specifically addressed in Section III – Local Patent Rules and Section IV - AP
Rules.
(d) Numbering and Indexing. These rules are numbered and indexed insofar as
practicable in accordance with the specific designations of the Judicial
Conference Uniform Numbering System.
(e) Judicial Officer. Judicial officer means a district judge, magistrate judge, or
circuit judge sitting by assignment.
(f) Clerk. Clerk means the clerk of the court or a deputy clerk.
(g) CM/ECF. CM/ECF is the Case Management/Electronic Case Filing system of the
court.
(h) Pilot Programs or Special Projects. A pilot program or special project may be
authorized by the court following reasonable public notice and opportunity for
public comment.
(1) Public notice shall specify:
(A) the purpose of the pilot program or special project;
(B) the term of the pilot program or special project;
(C) the effect on any local rule of practice; and
(D) any requirement necessary to implement or facilitate the pilot
program or special project.
(2) The term for a pilot program or special project shall not exceed 18 months,
but may be extended for one six-month period in conjunction with the
promulgation of a corresponding local rule.
D.C.COLO.LCivR 1.2
FORMS
Court approved forms are on the court’s website HERE. A form may be modified
by the court or a judicial officer at any time. A form modified by a judicial officer may be
under the judicial officer’s practice standards on the court’s website.
D.C.COLO.LCivR 2.1
FORMS OF ACTION
A proceeding not defined as a civil action under Fed. R. Civ. P. 2 shall be filed as
a civil miscellaneous ("mc") or registered judgment ("rj") action only if it is included in the
List of Miscellaneous Cases provided HERE and on payment of the fee required in the
Schedule of Fees HERE.
II. COMMENCEMENT OF ACTION, SERVICE OF PROCESS,
PLEADINGS, MOTIONS, AND ORDERS
D.C.COLO.LCivR 3.1
COMMENCING AN ACTION
(a) Civil Cover Sheet. A properly completed Civil Cover Sheet HERE shall be filed
at the commencement of each civil action. If the filing party is represented by
counsel, the Civil Cover Sheet shall be completed and signed by an attorney of
record in the case. A dispute about the AP Docket designation shall be
addressed by motion filed before an answer or other response is due.
(b) Report on Filing a Patent, Trademark, or Copyright Action. A properly
completed Report on the Filing of an Action Regarding a Patent or Trademark or
Report on the Filing or Determination of an Action or Appeal Regarding a
Copyright available HERE shall be filed at the commencement of an action and
with any amendment which adds a claim involving a patent, trademark, or
copyright. If the filing party is represented by counsel, the report shall be
completed and submitted by an attorney of record.
[Editor’s note: the link in “HERE” above is to the uscourts.gov forms page where
the 2 referenced reports are available (AO Forms 120 and 121.)]
D.C.COLO.LCivR 3.2
NOTICE OF RELATED CASES
(a) Notice. A party to a case shall file a notice identifying all cases pending in this or
any other federal, state, or foreign jurisdiction that are related to the case. Under
this rule, no party may seek special assignment or reassignment of a related
case from one judicial officer to another.
(b) Related Cases. Related cases are cases that have common facts and claims
and:
(1) have at least one party in common; or
(2) are filed serially or collectively as a group by the same attorney or law
firm.
(c) Time for Filing; Supplemental Filing.
(1) A party shall file the required notice at the time of its first appearance or
the filing of its first pleading or document, or other matter addressed to the
court.
(2) A party shall file promptly a supplemental notice of any change in the
information required under this rule.
(d) Procedure on Notice. On notice of a related case, the judicial officer with the
lowest numbered case shall confer with every other judicial officer to whom a
related case is assigned to discuss whether the related cases should be
submitted for special assignment or reassignment under D.C.COLO.LCivR
40.1(a) or transfer under D.C.COLO.LCivR 40.1(d)(4)(B).
D.C.COLO.LCivR 5.1
FORMATTING, SIGNATURES, FILING, AND SERVING PLEADINGS AND
DOCUMENTS
(a) Electronic Formatting, Signatures, and Filing. Unless otherwise provided in
this rule or otherwise ordered, each pleading and document filed in a civil action
shall be formatted, signed, and filed electronically in CM/ECF as prescribed by
the Electronic Case Filing Procedures, incorporated in these rules and available
HERE.
(b) Exceptions to Electronic Formatting and Filing.
(1) Materials that Cannot Be Converted to Electronic Form. An item such
as a videotape, audiotape, etc., shall be filed by delivery to the clerk’s
office.
(2) Pleadings and Documents by Unrepresented Prisoners. These shall
be filed in paper.
(3) Pleadings and Documents by Other Unrepresented Parties. These
shall be filed in paper unless the filing party obtains authorization to use
electronic filing under the Electronic Case Filing Procedures HERE or the
filing party e-mails documents to the clerk for filing under the procedures
available HERE.
(4) E-mailed Documents. The Electronic Case Filing Procedures specify the
documents that shall be e-mailed to the court to open a case HERE.
(c) Formatting and Filing of Pleadings and Documents and Maintenance of
Contact Information by an Unrepresented Prisoner or Party. If not filed
electronically, an unrepresented prisoner or party shall use the procedures,
forms, and instructions posted on the court’s website HERE. If the unrepresented
party is a prisoner and is unable to access the website, on request the clerk shall
provide copies of the necessary procedures, forms, and instructions. Notice of
change of name, mailing address, or telephone number of an unrepresented
prisoner or party shall be filed not later than five days after the change. A user of
CM/ECF shall keep his/her primary and alternative e-mail address current.
Instructions for a user to update and maintain his/her CM/ECF account are
HERE.
(d) Electronic Service. When a pleading or document, other than a pleading or
document filed under restriction, is filed in CM/ECF, it is deemed served
electronically under Fed. R. Civ. P. 5(b)(E) (“sending it to a registered user by
filing it in the court’s electronic-filing system . . .”). A pleading or document filed
under restriction shall not be accessible or viewable electronically in CM/ECF
and shall be served using one of the other methods provided by the Federal
Rules of Civil Procedure (e.g., Fed. R. Civ. P. 5(b), including the methods
provided under Fed. R. Civ. P. 5(b)(2)(E) other than the court’s electronic-filing
system) or as ordered by the court. The time to respond or reply shall be
calculated from the date of electronic service, regardless of whether other
means of service are used, except the time to respond or reply to a pleading or
document filed under restriction shall be calculated as provided by these rules or
the Federal Rules of Civil Procedure. The Notice of Electronic Filing (NEF)
generated by CM/ECF constitutes a certificate of service for all pleadings and
documents other than those filed under restriction, which require a separate
certificate of service. Registration in CM/ECF shall constitute consent to
electronic service of all pleadings or documents other than those filed under
restriction.
D.C.COLO.LCivR 5.3
DISCOVERY MATERIALS
(a) All Cases. In addition to the documents specified in Fed. R. Civ. P. 5(d)(1), a
deposition notice and a discovery subpoena shall not be filed. Unless otherwise
ordered a party who arranges for a deposition transcript or recording or who
serves discovery shall act for the court as custodian of all non-filed discovery
materials. The custodian shall bring the original sealed transcript to trial.
(b) Prisoner Cases. To achieve electronic service, an unrepresented prisoner who
is proceeding in forma pauperis may file written discovery requests under Fed. R.
Civ. P. 31, 33, 34, and 36.
(c) Written Discovery Requests and Responses. Except in prisoner cases or
unless otherwise ordered, written discovery requests and responses shall be
exchanged by private e-mail or other non-paper means.
D.C.COLO.LCivR 6.1
EXTENSION OF TIME OR CONTINUANCE
(a) Extension of Time. The parties may stipulate in writing to one extension of not
more than 21 days beyond the time limits prescribed by the Federal Rules of Civil
Procedure to respond to a pleading or amended pleading, interrogatories,
requests for production of documents, or requests for admissions. The stipulation
must be filed before the expiration of the time limits to respond prescribed in the
Federal Rules of Civil Procedure and shall be effective on filing, unless otherwise
ordered. Any other request for an extension of time or continuance must be
approved by court order on motion.
(b) Content of Motion for Extension of Time or Continuance. A motion for
extension of time or continuance shall state the reason for an extension or
continuance, the length of the requested extension or continuance, and the total
number of extensions or continuances granted previously.
(c) Service on Client. When a stipulation or motion for extension of time or
continuance is filed, it shall be served contemporaneously by counsel on his or
her client.
III. PLEADINGS AND MOTIONS
D.C.COLO.LCivR 7.1
MOTIONS
(a) Duty to Confer. Before filing a motion, counsel for the moving party or an
unrepresented party shall confer or make reasonable, good faith efforts to confer
with any opposing counsel or unrepresented party to resolve any disputed
matter. The moving party shall describe in the motion, or in a certificate attached
to the motion, the specific efforts to fulfill this duty.
(b) Exceptions to the Duty to Confer:
(1) a motion filed in a case involving an unrepresented prisoner or detainee;
(2) a motion under Fed. R. Civ. P. 12;
(3) a motion under Fed. R. Civ. P. 56; or
(4) a motion under D.C.COLO.LAttyR 5(a) and (b).
(c) Unopposed Motion. If a motion is unopposed, it shall be titled “Unopposed
Motion for .”
(d) Motion, Response and Reply; Time for Serving and Filing; Length.
Excluding motions filed under Fed. R. Civ. P. 65, a motion involving a contested
issue of law shall state under which rule or statute it is filed and be supported by
a recitation of legal authority in the motion. The responding party shall have 21
days after the date of service of a motion, or such lesser or greater time as the
court may allow, in which to file a response. The moving party may file a reply no
later than 14 days after the date of service of the response, or such lesser or
greater time as the court may allow. The date of service of a motion electronically
filed shall be determined under D.C.COLO.LCivR 5.1(d). Nothing in this rule
precludes a judicial officer from ruling on a motion at any time after it is filed.
A motion shall not be included in a response or reply to the original motion. A
motion shall be filed as a separate document.
(e) Citations. Every citation in a motion, response, or reply shall include the specific
page or statutory subsection to which reference is made. If an unpublished
opinion is cited, a copy of the opinion shall be provided to any unrepresented
party.
(f) Supplemental Authority. If the matter is set for hearing, any supplemental
authority shall be filed no later than seven days before the hearing.
(g) Proposed Order. A moving party may submit a proposed order with an
unopposed motion or nondispositive motion. A general order attached to a
motion (such as “it is ordered” or “so ordered”) is not permitted. A proposed order
shall be a separate document, bear a separate caption, and set out clearly its
basis and terms.
(h) Hearing. A motion may be decided without oral argument at the discretion of the
court.
(i) Sanctions. Motions, responses, and replies shall be concise. A verbose,
redundant, ungrammatical, or unintelligible motion, response, or reply may be
stricken or returned for revision, and its filing may be grounds for sanctions.
D.C.COLO.LCivR 7.2
PUBLIC ACCESS TO DOCUMENTS AND PROCEEDINGS
(a) Policy. Unless restricted by statute, rule of civil procedure, these rules, or
court order, the public shall have access to all documents filed with the court
and all court proceedings. However, pleadings or documents filed under
restriction shall not be accessible or viewable electronically in CM/ECF. A
person with the right to access a restricted pleading or document may request
a paper copy from the clerk.
(b) Levels of Restriction. There are three levels of restriction. Level 1 limits access
to the parties and the court. Level 2 limits access to the filing party and the court.
Level 3 limits access to the court.
(c) Motion to Restrict. A motion to restrict public access shall be open to public
inspection and shall:
(1) identify the document or the proceeding for which restriction is sought;
(2) address the interest to be protected and why such interest outweighs the
presumption of public access (stipulations between the parties or
stipulated protective orders with regard to discovery, alone, are insufficient
to justify restriction);
(3) identify a clearly defined and serious injury that would result if access is
not restricted;
(4) explain why no alternative to restriction is practicable or why only
restriction will adequately protect the interest in question (e.g., redaction,
summarization, restricted access to exhibits or portions of exhibits); and
(5) identify the level of restriction sought.
(d) Public Notice of Motion to Restrict; Objection. Notice of the filing of such
motion shall be posted on the court’s website on the court business day following
the filing of the motion. Any person may file an objection to the motion to restrict
no later than three court business days after posting. Absent exigent
circumstances, no ruling on a motion to restrict shall be made until the time for
objection has passed. The absence of objection alone shall not result in the
granting of the motion.
(e) Filing Restricted Documents. A document subject to a motion to restrict shall
be filed as a restricted document and shall be subject to restriction until the
motion is determined by the court. If a document is filed as a restricted document
without an accompanying motion to restrict, it shall retain the restriction selected
by the filer for 14 days. If no motion to restrict is filed within such time period, the
restriction shall expire and the document shall be open to public inspection.
D.C.COLO.LCivR 8.1
PRO SE PARTY, IN FORMA PAUPERIS PARTY, AND PRISONER PLEADINGS
(a) Review of Pro Se and In Forma Pauperis Party Pleadings. A judicial officer
designated by the Chief Judge shall review the pleadings of a pro se party or a
party who is allowed to proceed without prepayment of filing fees to determine
whether the pleadings should be dismissed summarily. The designated judicial
officer may use the assistance of the Pro Se Division in making the
determination. A judicial officer may request additional facts or documentary
evidence necessary to make this determination. The time for filing an answer or
response shall be tolled until the designated judicial officer determines that the
pleadings should not be dismissed summarily at which time the judicial officer
shall issue an order directing service of the order and the pleadings on the
defendant(s) or respondent(s). A party who seeks leave to proceed without
prepayment of filing fees shall use the procedures, forms, and instructions
available on the court’s website or from the office of the clerk.
(b) Review of Prisoner Pleadings. A judicial officer designated by the Chief Judge
shall review the pleadings of a prisoner (whether represented by counsel or not)
to determine whether the pleadings should be dismissed summarily if the
prisoner is:
(1) challenging conditions of confinement;
(2) seeking redress from a governmental entity, officer, or employee; or
(3) asserting claims pertinent to his or her conviction or sentence, except in
death penalty cases.
A judicial officer may request additional facts or documentary evidence
necessary to make this determination.
(c) Assignment. If an action is not dismissed summarily, the action shall be
assigned to a district judge and/or a magistrate judge under D.C.COLO.LCivR
40.1. A judicial officer to whom the action is assigned may order issuance of a
summons.
D.C.COLO.LCivR 10.1
FORMAT OF PLEADINGS AND DOCUMENTS PRESENTED FOR FILING
(a) Scope. This rule applies to all pleadings and documents presented for filing.
(b) Size. All pleadings and documents shall be on 8 ½ by 11 inch white paper.
(c) Margins. Margins shall be 1½ inches at the top and 1 inch at the left,
right, and bottom of each page.
(d) Font. Unless otherwise ordered, all typewritten pleadings and documents shall
use black ink and not less than 12-point font.
(e) Spacing. All pleadings and documents shall be double spaced.
(f) Text. Text shall be printed on one side of the page only.
(g) Legibility. All handwritten pleadings and documents shall be legible, utilizing
upper and lower case lettering.
D.C.COLO.LCivR 15.1
AMENDED PLEADING
(a) Amendment as a Matter of Course or by Consent. A party other than an
unrepresented prisoner who files an amended pleading under Fed. R. Civ. P.
15(a)(1) or with the consent of the opposing party shall file a separate notice of
filing the amended pleading and shall attach as an exhibit a copy of the amended
pleading which strikes through (e.g., strikes through) the text to be deleted and
underlines (e.g., underlines) the text to be added.
(b) Amendment or Supplementation by Motion. A party who files an opposed
motion for leave to amend or supplement a pleading shall attach as an exhibit a
copy of the proposed amended or supplemental pleading which strikes through
(e.g., strikes through) the text to be deleted and underlines (e.g., underlines) the
text to be added. Unless otherwise ordered, the proposed amended or
supplemental pleading shall not incorporate by reference any part of the
preceding pleading, including exhibits. Unless otherwise ordered, if a motion for
leave to amend or supplement a pleading is granted, the moving party shall file
and serve the amended or supplemental pleading on all parties under Fed. R.
Civ. P. 5 no later than 14 days after the filing of the order granting leave to
amend or supplement.
D.C.COLO.LCivR 16.1
SCHEDULING CONFERENCE
A scheduling conference shall be convened by a judicial officer to develop a
scheduling order. The order setting the scheduling conference shall set the deadline for
the parties to meet and attempt to agree on a scheduling order under Fed. R. Civ. P.
26(f). Except in cases removed to this court or cases where the parties have agreed
otherwise, plaintiff shall file the proposed scheduling order. In a case removed to this
court, the party who removed the case shall file the proposed scheduling order.
D.C.COLO.LCivR 16.2
SCHEDULING ORDER
Unless otherwise ordered, a scheduling order shall be in the form and shall
comply with the instructions HERE.
D.C.COLO.LCivR 16.3
FINAL PRETRIAL ORDER
Unless otherwise ordered, a final pretrial order shall be in the form and shall
comply with the instructions HERE.
D.C.COLO.LCivR 16.6
ALTERNATIVE DISPUTE RESOLUTION
(a) Alternative Dispute Resolution. Under 28 U.S.C. § 652, all litigants in civil
actions shall consider the use of an alternative dispute resolution process. A
district judge or a magistrate judge exercising consent jurisdiction may direct the
parties to engage in an early neutral evaluation or other alternative dispute
resolution proceeding. To facilitate settlement or resolution of the suit, the district
judge or a magistrate judge exercising consent jurisdiction may stay the action in
whole or in part during a time certain or until further order. Relief from an order
under this rule may be requested by motion showing good cause.
(b) Definition of Early Neutral Evaluation. Early neutral evaluation means a
nonbinding, non-adjudicative assessment of a case by a magistrate judge.
(c) Disqualification of Neutrals. A magistrate judge providing early neutral
evaluation may be disqualified under the provisions of 28 U.S.C. §§ 144 or 455.
(d) Designation of Court ADR Administrator. Under 28 U.S.C. § 651(d), the clerk
of the court is designated to implement, administer, oversee, and evaluate the
court's alternative dispute resolution program.
(e) Confidentiality. A party or the magistrate judge in an alternative dispute
resolution proceeding shall not voluntarily disclose or through discovery or
compulsory process be required to disclose any information concerning any
communication provided in confidence to the magistrate judge in connection with
an early neutral evaluation or other alternative dispute resolution proceeding.
IV. PARTIES
[No Local Rules]
V. DEPOSITIONS AND DISCOVERY
D.C.COLO.LCivR 26.1
COMPLIANCE WITH FED. R. CIV. P. 26 REQUIREMENTS
(a) Proposed Scheduling Order. The tendering of a proposed scheduling order in
the form HERE shall satisfy the requirement to submit a written report outlining
the discovery plan under Fed. R. Civ. P. 26(f).
(b) Pretrial Disclosures. Disclosures under Fed. R. Civ. P. 26(a)(3) shall be made
in the proposed final pretrial order HERE.
D.C.COLO.LCivR 30.1
DEPOSITION
Unless otherwise ordered by the court, reasonable notice for taking a deposition
shall be not less than 14 days, as computed under Fed. R. Civ. P. 6. Before sending a
notice to take a deposition, counsel or the unrepresented party seeking the deposition
shall make a good faith effort to schedule it in a convenient and cost-effective manner.
D.C.COLO.LCivR 30.2
FILING MOTION FOR PROTECTIVE ORDER, MOTION TO LIMIT EXAMINATION, OR
OBJECTION TO DISCOVERY ORDER
(a) Motion for Protective Order or to Limit Examination. Pending resolution of a
motion or request for relief under Fed. R. Civ. P. 26(c) or 30(d), the discovery to
which the motion or request is directed shall be stayed unless otherwise ordered.
A non-prevailing party may be subject to an award of expenses, fees, and costs
under Fed. R. Civ. P. 37(a)(5). However, the filing of a motion to stay all
discovery shall not effectuate a stay unless the motion is granted.
(b) Objection to Discovery Order by Magistrate Judge. An objection under Fed.
R. Civ. P. 72(a) to an order by a magistrate judge concerning discovery does not
stay the discovery to which the order is directed. A stay of the order shall be
obtained by motion filed with the magistrate judge, and if denied, then with the
assigned district judge.
D.C.COLO.LCivR 30.3
SANCTIONS FOR ABUSIVE DEPOSITION CONDUCT
(a) Prohibited Conduct. In addition to the conduct prohibited by Fed. R. Civ. P.
30(d)(3)(A), the following practices constitute abusive deposition conduct and are
prohibited:
(1) making an objection or a statement that has the effect of coaching the
deponent or suggesting an answer; and
(2) interrupting examination by counsel except to determine whether to assert
a privilege.
(b) Appointment of Master. A judicial officer may appoint a master under Fed. R.
Civ. P. 53 to regulate deposition proceedings.
(c) Location of Deposition. A judicial officer may order that a deposition be taken
at a specific location.
(d) Expenses, Costs, and Fees. When a judicial officer determines that a party or
counsel unreasonably has interrupted, delayed, or prolonged a deposition,
whether by excessive questioning, objecting, or other conduct, that party or its
counsel, or both, may be ordered to pay each other party’s expenses, including
without limitation, reasonably necessary travel, lodging, reporter’s fees, attorney
fees, and videotaping expenses, for that portion of the deposition determined to
be excessive. In addition, that party or its counsel, or both, may be required to
pay all such costs and expenses for any additional depositions or hearings made
necessary by its misconduct.
D.C.COLO.LCivR 37.1
DISCOVERY MOTION
A motion under Fed. R. Civ. P. 26 or 37 directed to an interrogatory, request, or
response under Fed. R. Civ. P. 33, 34, or 36 shall set forth either in the text of the
motion or in an exhibit to the motion the specific interrogatory, request, or response to
which the motion is directed.
VI. TRIALS
D.C.COLO.LCivR 40.1
ASSIGNMENT OF CASES
(a) Assignment in General. Except as provided in this rule and under
