to judicial officers by random draw. Work parity shall be maintained among active
district judges and among full-time magistrate judges, provided that a majority of
active district judges may adjust the assignment of cases to the Chief Judge as
may be necessary for the performance of the duties of that office, and may, for
good cause, approve special assignment or reassignment of cases among the
judicial officers of the court. All other reassignments of cases shall be subject to
the approval of the Chief Judge.
(b) Random Draw by Computer. The clerk shall maintain a computerized program
to achieve work parity among judicial officers through random and public
assignment of new cases. A senior judge may decline assignment of cases and,
on notice to the Chief Judge, limit participation in the random draw by a stated
percentage.
(c) Direct Assignment to Magistrate Judges.
(1) All full-time magistrate judges shall be included in the assignment of civil
actions under Subdivision (a), subject to the other provisions of this rule.
(2) The following civil actions shall not be assigned directly to a magistrate
judge:
(a) a civil action in which a motion for injunctive relief is filed;
(b) a civil action brought under 28 U.S.C. § 2255 if the sentencing
judge is still in regular active service or is rendering substantial
assistance as a senior judge;
(c) a civil action or proceeding brought under or related to Title 11,
United States Code;
(d) a civil action in which an order of referral has been filed; and
(e) any other civil action excluded from direct assignment by a majority
of the district judges.
(3) The following civil actions, by way of example only, although initially
assigned directly to a magistrate judge, shall be reassigned to a district
judge:
(a) an action in which a motion for default judgment is filed;
(b) an action which on initial review should be dismissed or
administratively closed, unless there is consent; or
(c) an action identified by a majority of the district judges or subject to
reassignment under Subdivision (a).
(4) On the filing of a civil action eligible for direct assignment to a magistrate
judge, the clerk shall deliver to the plaintiff(s) the Consent/Non-Consent to
United States Magistrate Judge Jurisdiction form HERE, which the
plaintiff(s) shall attach to the summons and serve on the defendant(s).
Failure to serve the Consent/Non-Consent to United States Magistrate
Judge Jurisdiction form shall not affect the validity of service of process or
personal jurisdiction over a defendant. Unless otherwise ordered, each
party shall complete and file the Consent/Non-Consent to United States
Magistrate Judge Jurisdiction form no later than (a) seven days before the
scheduling conference, if any; or (b) 45 days after the filing of the first
response, other than an answer, to the operative complaint, whichever is
earlier. Filing of the Consent/Non-Consent to United States Magistrate
Judge Jurisdiction form is mandatory.
(5) Consent to magistrate judge jurisdiction is voluntary, and no adverse
consequence shall result if consent is declined.
(6) In a civil action assigned directly to a magistrate judge, if all parties
consent to magistrate judge jurisdiction, the magistrate judge shall notify
the Chief Judge or his/her designee, who shall determine whether to enter
an order of reference under 28 U.S.C. § 636(c).
(7) Any party added to the civil action after reference to a magistrate judge
shall be notified by the clerk of the obligation to complete and file the
mandatory Consent/Non-Consent to United States Magistrate Judge
Jurisdiction form. If any added party does not consent to magistrate judge
jurisdiction within 21 days from the date of the notice, the civil action shall
be assigned to a district judge under D.C.COLO.LCivR 40.1(a), and the
magistrate judge shall continue on the case as if consent had been
declined initially.
(8) If consent to magistrate judge jurisdiction is declined by any party, no
order of reference is entered or the order of reference is vacated, the civil
action shall be assigned to a district judge under D.C.COLO.LCivR
40.1(a), and the magistrate judge shall continue on the case as if consent
had been declined initially.
(9) The Chief Judge or his/her designee may sua sponte for good cause or on
motion of a party for extraordinary circumstances vacate the order of
reference.
(10) A case assigned directly to a magistrate judge in which there is consent
may be assigned randomly to another magistrate judge to conduct an
early neutral evaluation or other alternative dispute resolution proceeding
under D.C.COLO.LCivR 16.6.
(11) If after direct assignment, a magistrate judge recuses and the action is
assigned to another magistrate judge, each party shall complete a
Consent/Non-Consent to United States Magistrate Judge Jurisdiction form
no later than (a) 21 days after assignment to the successor magistrate
judge; or (b) the deadline imposed in Paragraph 4, whichever is later.
(d) Special Assignment.
(1) If an unrepresented party in a new case already has a case pending or
had a case terminated within 12 months of the new filing, the new case
shall be assigned to the judicial officers who were assigned the earlier
case.
(2) Once a bankruptcy appeal or motion to withdraw the reference has been
assigned to a district judge by random draw, any case subsequently filed
concerning the same debtor in bankruptcy shall be assigned to the same
district judge.
(3) On filing a civil forfeiture proceeding, the United States Attorney shall
notify the clerk in writing when a potential claimant is a defendant in a
pending criminal case. The civil action shall be assigned to the judicial
officer to whom the criminal case is assigned.
(4) A new case that is related under D.C.COLO.LCivR 3.2 to a pending case
may be assigned to the same judicial officers:
(A) by reassignment on a majority vote of the active district judges
under D.C.COLO.LCivR 40.1(a);
(B) by reassignment with approval of the Chief Judge under
D.C.COLO.LCivR 40.1(a); or
(C) by entry of an order granting a motion to consolidate under Fed. R.
Civ. P. 42(a) and D.C.COLO.LCivR 42.1.
(5) If a case that has been remanded is removed again, the case shall be
assigned to the judicial officers who were assigned the case initially.
(6) A party may not seek a reassignment under Paragraph (d)(4) or
D.C.COLO.LCivR 3.2.
(e) “AP” Cases. On the filing of an AP case, the clerk shall assign a case number
without random selection to any district judge designated by the Chief Judge for
pre-merits management under Section IV of these rules.
(f) Recusal. Recusal of an active judicial officer shall be by written order stating the
reasons.
(g) Adjustments. On recusal under this rule or D.C.COLO.LCivR 42.1, the clerk
shall adjust the computerized program to maintain work parity among active
district judges and among full-time magistrate judges.
D.C.COLO.LCivR 40.2
TRIAL CALENDAR AND NOTICE OF SETTLEMENT OR RESOLUTION
(a) Calendar. Each judicial officer shall maintain a trial calendar that preserves the
priorities required by law.
(b) Notice of Settlement or Resolution. When the parties have agreed to settle or
otherwise resolve a pending matter, they shall notify the court immediately.
D.C.COLO.LCivR 41.1
DISMISSAL
A judicial officer may issue an order to show cause why a case should not be
dismissed for failure to prosecute or failure to comply with these rules, the Federal
Rules of Civil Procedure, or a court order. If good cause is not shown, a district judge or
a magistrate judge exercising consent jurisdiction may enter an order of dismissal with
or without prejudice.
D.C.COLO.LCivR 41.2
ADMINISTRATIVE CLOSURE
A district judge or a magistrate judge exercising consent jurisdiction may order
the clerk to close a civil action administratively subject to reopening for good cause.
Administrative closure of a civil action terminates any pending motion. Reopening of a
civil action does not reinstate any motion.
D.C.COLO.LCivR 42.1
MOTION TO CONSOLIDATE
A motion to consolidate shall be filed in the lowest numbered case included in the
proposed consolidation and shall be decided by the district judge to whom the lowest
numbered case is assigned. A notice of filing of a motion to consolidate shall be filed by
the movant as a party or, with the assistance of the clerk, as an interested party in all
other cases proposed for consolidation. A motion to consolidate shall be given priority.
Consolidated cases shall be reassigned to the judicial officer(s) to whom the lowest
numbered consolidated case was assigned.
D.C.COLO.LCivR 43.1
HEARING AND TRIAL PROCEDURES
A judicial officer presiding over a hearing or trial may establish governing
procedures. Judicial practice standards are HERE.
D.C.COLO.LCivR 45.1
SUBPOENA SERVICE
Except as provided in D.C.COLO.LCivR 30.1 or unless otherwise ordered by the
court, a subpoena shall be served no later than seven days before the date specified in
the subpoena. The seven-day period shall be calculated under Fed. R. Civ. P. 6(a)(1).
D.C.COLO.LCivR 47.2
COMMUNICATION WITH JURORS
A party or attorney shall not communicate with, or cause another to communicate
with, a juror or prospective juror before, during, or after a trial without order or express
oral or written permission of the presiding judicial officer.
VII. JUDGMENT
D.C.COLO.LCivR 54.1
TAXATION OF COSTS
Each judgment or final order shall indicate any party entitled to costs. Unless
otherwise ordered, the clerk shall tax costs in favor of a prevailing party or parties. A bill
of costs shall be filed on the form provided by the court HERE no later than 14 days
after entry of the judgment or final order. After filing a bill of costs and prior to appearing
before the clerk, counsel and any unrepresented party seeking costs shall file a written
statement that they have conferred as to disputes regarding costs. If all disputes are
resolved, a stipulation specifying costs shall be filed with the court.
D.C.COLO.LCivR 54.2
JURY COST ASSESSMENT
Unless the court is notified in writing before noon on the last business day before
trial that a civil action has been resolved, jury costs may be assessed against any party
or counsel.
D.C.COLO.LCivR 54.3
ATTORNEY FEES
(a) Motion Supported by Affidavit. Unless otherwise ordered, a motion for attorney
fees shall be supported by affidavit.
(b) Content of Motion. The motion shall include the following for each person for
whom fees are claimed:
(1) a summary of relevant qualifications and experience; and
(2) a detailed description of the services rendered, the amount of time spent,
the hourly rate charged, and the total amount claimed.
D.C.COLO.LCivR 55.1
DEFAULT JUDGMENT FOR A SUM CERTAIN
(a) Required Showing. To obtain a default judgment under Fed. R. Civ. P. 55(b)(1),
a party shall show by motion supported by affidavit:
(1) that the defendant who has been defaulted:
(A) is not a minor or an incompetent person;
(B) is not in the military service, as set forth in the Servicemembers
Civil Relief Act, 50 U.S.C. § 3931, Protection of
Servicemembers Against Default Judgments;
(C) has not made an appearance; and
(2) the sum certain or the sum that can be made certain by computation.
(b) Form of Judgment. The moving party shall submit a proposed form of judgment
that recites:
(1) the party or parties in favor of whom judgment shall be entered;
(2) the party or parties against whom judgment shall be entered;
(3) when there are multiple parties against whom judgment shall be entered,
whether the judgment shall be entered jointly, severally, or jointly and
severally;
(4) the sum certain consisting of the principal amount, prejudgment interest,
and the rate of post judgment interest; and
(5) the sum certain of attorney fees enumerated in the document on which the
judgment is based.
D.C.COLO.LCivR 56.1
MOTION FOR SUMMARY JUDGMENT
(a) Motion. A motion under Fed. R. Civ. P. 56 for summary judgment or partial
summary judgment shall include a statement of undisputed facts, argument, and
legal authority incorporated into the motion in lieu of a separate opening brief.
Unless otherwise ordered, a response shall be filed no later than 21 days after
the date of service of the motion, and a reply may be filed no later than 14 days
after the date of service of the response.
(b) Cross Motion. A cross motion for summary judgment shall be filed as a separate
motion subject to Subdivision (a).
(c) Exhibits to Motion or Briefs. Voluminous exhibits are discouraged. Parties shall
limit exhibits to essential portions of documents. Unless otherwise ordered,
copies of documents attached as exhibits to a motion shall not be attached as
exhibits to a response, and copies of documents attached as exhibits to a
response shall not be attached as exhibits to a reply. Any additional exhibit shall
be attached to the corresponding response or reply and consecutively numbered
or lettered.
VIII. PROVISIONAL AND FINAL REMEDIES
D.C.COLO.LCivR 65.1
TEMPORARY RESTRAINING ORDER
(a) Motion. A temporary restraining order shall be requested by motion filed
separately from the complaint. The motion shall be accompanied by a certificate
of counsel or an unrepresented party, stating:
(1) that actual notice of the time of filing the motion, and copies of all
pleadings and documents filed in the action to date or to be presented to
the court at the hearing, have been provided to opposing counsel and any
unrepresented adverse party; or
(2) the efforts made by the moving party to provide the required notice and
documents. Except as provided by Fed. R. Civ. P. 65(b)(1), the court shall
not consider an ex parte motion for temporary restraining order.
(b) Proposed Order. A proposed temporary restraining order shall be submitted
with a motion for temporary restraining order.
D.C.COLO.LCivR 67.1
BONDS AND OTHER SURETIES
(a) Prohibition. A party (individual or entity), a spouse of a party, or an attorney for a
party in a civil action, shall not serve as a personal surety on any bond in that civil
action.
(b) Surety Company; Power of Attorney. If the surety on a bond is a surety
company approved by the United States Department of the Treasury, a power of
attorney evidencing the authority of the agent signing the bond shall be filed with
the clerk.
D.C.COLO.LCivR 67.2
COURT REGISTRY
(a) Deposit of Funds in Court Registry. Unless a statute requires otherwise, funds
shall be tendered to the court or its officers for deposit into the registry only under
court order. A depositor shall identify in writing the order authorizing deposit by
reference to the relevant docket entry in CM/ECF.
(b) Investment of Funds in Registry. Unless otherwise ordered, all funds
deposited into the registry shall be deposited in an interest-bearing account
through the Court Registry Investment System (CRIS).
(c) Registry Fee. Registry fees shall be deducted under 28 U.S.C. § 1914 and any
regulation promulgated thereunder.
(d) Disbursement of Funds in Registry. Funds in the registry shall be disbursed
only by court order. A proposed order to disburse funds shall include the payee's
full name and complete address and the amount to be disbursed. If more than
$10.00 of interest is to be disbursed, the proposed order shall be accompanied
by a completed IRS Form W-9 (which shall be filed under restricted access). The
party requesting disbursement of funds shall provide to the clerk a copy of the
order authorizing disbursement including its CM/ECF docket number.
(e) Interpleader funds deposited under 28 U.S.C. § 1335 are defined by the IRS as a
Disputed Ownership Fund (DOF), a taxable entity that requires tax
administration. Unless otherwise ordered, interpleader funds shall be deposited
in the DOF established in the CRIS and administered by the Administrative Office
of the United States Courts (AO), which shall be responsible for meeting all DOF
tax administration requirements. The Director of the AO is designated as the
custodian of funds deposited in the DOF.
IX. SPECIAL PROCEEDINGS
D.C.COLO.LCivR 72.1
GENERAL AUTHORITY AND DUTIES OF A MAGISTRATE JUDGE
(a) General Authority. Except as restricted by these rules, a magistrate judge may
exercise all powers and duties authorized by federal statutes, regulations, and
the Federal Rules of Civil Procedure.
(b) Duties. A magistrate judge may:
(1) issue administrative inspection warrants;
(2) issue civil seizure warrants under 21 U.S.C. § 881 and 18 U.S.C. §§ 981-
983;
(3) issue search and seizure warrants for levy under the Internal Revenue
Code;
(4) act on post judgment matters arising under Fed. R. Civ. P. 69, including
the authority to:
(A) issue writs;
(B) issue orders directing funds to be paid into or disbursed from the
registry of the court;
(C) hold hearings and make recommendations to the district judge on
substantive issues including the liability of a party under a writ of
garnishment or execution; and
(D) perform duties specified in chapter 176 of Title 28 United States
Code, as assigned by the court under the Federal Debt Collection
Procedures Act, 28 U.S.C. § 3008;
(5) make determinations and enter appropriate orders under 28 U.S.C. §
1915, except to enter an order denying a request to proceed in forma
pauperis;
(6) perform duties set forth in D.C.COLO.LCivR 8.1;
(7) exercise contempt authority as authorized by law;
(8) issue administrative subpoenas as authorized by law;
(9) appoint masters under Fed. R. Civ. P. 53;
(10) transfer cases on direct assignment under D.C.COLO.LCivR 40.1(d)(4).
(11) issue orders on motions to treat a document as a highly sensitive
document; and
(12) issue other orders as authorized by law.
(c) Other Duties. On reference or order by a district judge, a magistrate judge may:
(1) conduct pretrial conferences, post-trial proceedings, early neutral
evaluations, settlement conferences, other alternative dispute resolution
proceedings, and other nondispositive pretrial proceedings;
(2) act on petitions to perpetuate testimony under Fed. R. Civ. P. 27;
(3) hold hearings and make recommendations on dispositive matters; and
(4) make determinations and enter orders or recommendations on discovery
disputes in cases pending in other federal courts or courts of another
country.
D.C.COLO.LCivR 72.2
CONSENT JURISDICTION OF A MAGISTRATE JUDGE
(a) Designation. Under 28 U.S.C. § 636(c)(1) and subject to this rule, a full-time
magistrate judge is designated specially to conduct any or all proceedings in any
jury or nonjury civil action and order the entry of judgment in the case.
(b) Notice. On the filing of any civil action, the clerk shall deliver to the plaintiff(s)
written notice of the right of the parties to consent to disposition of the civil action
by a magistrate judge under 28 U.S.C. § 636(c) and the provisions of this rule. A
copy of the notice shall be attached to the summons and served on the
defendant(s). A failure to serve a copy of such notice on a defendant shall not
affect the validity of the service of process or personal jurisdiction over the
defendant(s).
(c) Unanimous Consent; Determination. To consent to the jurisdiction of a
magistrate judge under 28 U.S.C. § 636(c), all parties shall complete and file a
Consent/Non-Consent to United States Magistrate Judge Jurisdiction form
HERE. Unless otherwise ordered by the assigned district judge, written consent
to proceed before a magistrate judge must be filed no later than (1) seven days
before the scheduling conference, if any; or (2) 45 days after the filing of the first
response, other than an answer, to the operative complaint, whichever is earlier.
When there is such consent, the magistrate judge shall forthwith notify the
assigned district judge, who will then determine whether to enter an order of
reference under 28 U.S.C. § 636(c).
(d) Assignment. On entry of an order of reference under 28 U.S.C. § 636(c), the
civil action shall be assigned to the magistrate judge currently assigned to the
case.
(e) Additional Parties. Any party added to the action or served after reference to a
magistrate judge under this rule shall be notified by the clerk of the right to
consent to the exercise of jurisdiction by the magistrate judge under 28 U.S.C. §
636(c). If an added party does not file a consent to proceed before the magistrate
judge within 21 days from the date of mailing of the notice, the action shall be
returned to the assigned district judge for further proceedings.
(f) Vacating Reference. A reference of a civil matter to a magistrate judge may be
vacated under 28 U.S.C. § 636(c)(4).
D.C.COLO.LCivR 72.3
REFERENCE OF A DISPOSITIVE MOTION TO A MAGISTRATE JUDGE
(a) Designation. A full-time magistrate judge is designated specially to make final
determination of a dispositive motion with the unanimous consent of the parties
and approval of the assigned district judge. Dispositive motions include motions
to amend, to dismiss, for transfer or for change of venue, to remand, for
summary judgment, and for partial summary judgment.
(b) Consent on Notice. The parties may consent to the final determination of a
dispositive motion by the assigned magistrate judge by filing a notice of consent.
The district judge may enter an order approving the notice.
(c) Reference. On entry of an order of reference of a dispositive motion under 28
U.S.C. § 636(c), the motion shall be referred to the magistrate judge currently
assigned to the case.
(d) Vacating Reference. A reference of a dispositive motion to a magistrate judge
may be vacated for good cause.
(e) Appeal. If a magistrate judge grants a dispositive motion and directs the entry of
final judgment, an appeal shall be to the United States Court of Appeals for the
Tenth Circuit in the same manner as an appeal from any other judgment of this
court.
X. DISTRICT COURT AND CLERK
D.C.COLO.LCivR 77.1
TIME AND PLACE OF FILING
Unless otherwise ordered, an electronically filed pleading or document shall be
filed no later than 11:59:59 p.m. (Mountain Time) on the day required. Unless otherwise
ordered, all other pleadings and documents shall be filed during the business hours of
the office of the clerk from 8:00 a.m. to 5:00 p.m. (Mountain Time) Monday through
Friday.
D.C.COLO.LCivR 77.2
COMMUNICATION WITH A JUDICIAL OFFICER
Unless otherwise ordered, a party to or an attorney in a proceeding shall not
communicate directly about the proceeding in any manner with a judicial officer
assigned to the proceeding.
D.C.COLO.LCivR 79.1
CUSTODY OF PLEADINGS, DOCUMENTS, CONVENTIONALLY SUBMITTED
MATERIALS, AND EXHIBITS
(a) Custody and Removal. Unless otherwise ordered, pleadings, documents,
conventionally submitted materials, and exhibits in a court file or submitted to a
judicial officer shall not be removed from the office or custody of the clerk or
judicial officer.
(b) Disposition.
(1) After 60 days of entry of final judgment in a civil action in which no appeal
is taken, the clerk may notify counsel of record and any unrepresented
party that the clerk intends to dispose of any conventionally submitted
material or exhibit in the possession of the clerk. If no objection is filed
within 14 days of the notice, the clerk may dispose of the conventionally
submitted material or exhibit.
(2) In a civil action on appeal, any conventionally submitted material or exhibit
that was not transmitted as a part of the record on appeal may be
transferred by the clerk to the offering attorney or unrepresented party
who shall retain the conventionally submitted material or exhibit pending
order of the appellate court.
D.C.COLO.LCivR 79.2
INSPECTION OF PHYSICAL EVIDENCE
While in the custody of the clerk, physical evidence shall not be inspected or
copied except in the presence of and under the supervision of the clerk. The clerk may
limit or prohibit inspection or copying to preserve the evidence.
XI. GENERAL PROVISIONS
D.C.COLO.LCivR 81.1
PROCEDURE FOR REMOVAL
(a) Notice of Removal. A notice of removal shall comply with 28 U.S.C. § 1446(a).
(b) Filing Requirements. No later than 14 days after the filing of the notice of
removal, the removing party shall file a current docket sheet (register of actions)
and shall separately file each pending motion, petition, and related response,
reply, and brief.
(c) Notification Requirements. If a hearing in the state court has been set before a
case is removed, counsel or the unrepresented party removing the case shall
notify the state judge forthwith of the removal and shall notify the federal judge to
whom the case is assigned of the nature, time, and place of the state court
hearing.
D.C.COLO.LCivR 83.1
RECORDING DEVICES
(a) Prohibited Recording Devices. Unless authorized by a judicial officer, a
device whose exclusive or principal use is as a camera, video recorder, or
audio recorder may not be brought into or used in a United States Courthouse
or any location in which court business and proceedings are conducted.
(b) Prohibited Eyeglasses. Any eyeglasses determined to be “smart glasses,”
(i.e., eyeglasses, which, at a minimum, may be used as a camera, video
recorder, or audio recorder) regardless of manufacturer, make, model, or type
of imbedded technology, may not be brought into or used in a United States
Courthouse or any location in which court business and proceedings are
conducted.
(c) Permissible Devices. After clearing security, an electronic device, including, but
not limited to, a cellular telephone, a smartphone, a laptop computer, an
electronic tablet, or a personal data assistant (PDA), regardless of the technology
used or the name by which the device is marketed, may be brought into any
public area in the United States Courthouse or any location in which court
business and proceedings are conducted.
(d) Impermissible Uses of Permissible Devices. A person shall not use a
permissible device defined in Subdivision (c) to take photographs or to make
audio or video recordings in any public area in the United States Courthouse or
any other location in which court business and proceedings are conducted. A
person shall not use a permissible device defined in Subdivision (c) to take
photographs or to make audio or video recordings in any courtroom or chambers
except as authorized by the judicial officer having direct control of that space.
(e) Sanctions for Violations. Violation of this rule may constitute contempt of court
punishable by incarceration and the imposition of fines, costs, and attorney fees.
The court authorizes the following agencies and those under contract
employment of such agencies to maintain the security of district court spaces:
(1) United States Marshals Service;
(2) United States Department of Homeland Security Federal Protective
Service; and
(3) United States General Services Administration.
The authority to maintain security through the enforcement of this rule may
involve taking possession of the device, searching the device and its contents,
and preserving, copying, transferring, or deleting unauthorized video or audio
recordings or photographs of court operations, proceedings, or facility space from
electronic devices with or without the cooperation of a person found to be in
possession of the device.
A judicial officer may take action to enforce this rule or to sanction a violator.
D.C.COLO.LCivR 83.2
SECURITY AND PROHIBITED ITEMS
(a) Procedures. All persons entering a building, courthouse, courtroom, or any
other location in which court business and proceedings are conducted shall be
subject to security procedures.
All briefcases, purses, parcels, bags, backpacks, and other items shall be passed
through an X-ray scanner or magnetometer (or their functional equivalent) and
shall be subject to search. This rule shall apply at such other places as a judicial
officer may direct.
At the direction of the security officer conducting security screenings of persons
attempting to enter a building, courthouse, courtroom, or any other location in
which court business and proceedings are conducted, eyeglasses shall be
passed through an X-ray scanner or magnetometer (or their functional
equivalent) and shall be subject to search. Any eyeglasses determined to be
“smart glasses” (i.e., eyeglasses, which, at a minimum, may be used as a
camera, video recorder, or audio recorder) regardless of manufacturer, make,
model, or type of imbedded technology, are prohibited items and shall not be
permitted inside and shall not be used in any building, courthouse, courtroom, or
any other location in which court business and proceedings are conducted.
Unless otherwise ordered and with the exception of federal law enforcement
officers conducting official duties, all persons entering a building, courthouse,
courtroom, or any other location in which court business and proceedings are
conducted are prohibited from entering with any form of weapon, explosive,
explosive device, destructive device, or any other dangerous material, including,
but not limited to, the following:
(1) Firearms or firearm replicas (e.g., pellet guns, BB guns, flare guns, spear
guns, stun guns, starter pistols, gun shaped lighters or torches, non-firing
replicas, dummy firearms, etc);
(2) Sharp, bladed, edged, or cutting instruments (e.g., axes, hatchets, drills,
drill bits, ice picks, box cutters, arrows, swords, knives (of any size), razor
blades, razors (except razors used for personal grooming by individuals
using the fitness center, etc.);
(3) Club-like items and striking devices (e.g., hammers, baseball bats, cricket
bats, pool cues, golf clubs, ski poles, billy clubs, blackjacks, nightsticks,
crow bars, batons, nunchucks, kubatons, martial arts weapons,
slingshots, tools (with the exception of duty requirements), etc.);
(4) Explosive materials or devices (e.g., bombs, grenades, mines,
ammunition, gun powder, plastic explosives, dynamite, nitroglycerin,
trinitrotoluene, blasting caps, fireworks, flares, realistic replicas of
explosives, etc.);
(5) Incendiaries or incendiary devices (e.g., IEDs (improvised explosive
devices), aerosol sprays, gasoline, diesel, propane, other flammable
fuels, turpentine, paint thinner, realistic replicas of incendiaries, etc.);
(6) Disabling chemicals and other dangerous items (e.g., chlorine, liquid
bleach, compressed gas cylinders (e.g., fire extinguishers), mace, pepper
spray, tear gas, poisonous gases, nuclear material, illicit drugs, alcohol,
etc., except that tenants of any federal courthouse or court facility in the
District of Colorado may carry chemical protection agents for personal
protection if done in compliance with all local laws. Tenants must maintain
personal protection chemical agents in a holster or carrying case and
notify the Court Security Officer or other screening official before entering
the screening station; however, visitors may not bring such items into the
building, courtroom, or any other place where court is being held).
(b) Sanctions for Violations. Violation of this rule shall be grounds for refusing
admission to the building, courthouse, courtroom, or any other location in which
court business and proceedings are conducted and for confiscating, securing, or
destroying any prohibited item and may subject the violator to detention, arrest,
and prosecution as provided by law, punishment for contempt of court, or any
other sanction deemed appropriate.
(c) Identification or Information. On request of a United States marshal, court
security officer, federal protective service officer, or court official, anyone within
or seeking entry to any court building shall produce identification and state the
nature of his or her business. Failure to provide identification or information shall
be grounds for removal or exclusion from the building.
D.C.COLO.LCivR 83.3
ACCOMMODATION UNDER AMERICANS WITH DISABILITIES ACT
Unless otherwise ordered, no later than seven days before a hearing or trial,
counsel or an unrepresented party shall notify the court of an accommodation required
under the Americans with Disabilities Act, except a request for the services of an
American Sign Language interpreter shall be made no later than 30 days before the
hearing or trial.
D.C.COLO.LCivR 84.1
BANKRUPTCY MATTERS
(a) Automatic Referral. A case or proceeding brought under or related to Title 11,
United States Code, shall be referred automatically to the bankruptcy judges of
this district under 28 U.S.C. § 157. All pleadings and documents in those cases
shall be filed directly in the bankruptcy court, and the bankruptcy judges of this
district shall exercise jurisdiction under 28 U.S.C. § 157(b).
(b) Final Order in a Core Matter.
In a proceeding referred under this rule and determined to be a core matter, if a
bankruptcy or district judge determines that entry of a final order or judgment by
a bankruptcy judge would be inconsistent with Article III of the United States
Constitution, the bankruptcy judge, unless otherwise ordered by the district
judge, shall hear the proceeding and submit proposed findings of fact and
conclusions of law to the district judge.
(c) Suspension or Abstention. Nothing in this rule precludes the bankruptcy judge
from suspending or abstaining from proceedings as appropriate under 11 U.S.C.
§ 305, 28 U.S.C. § 1334(c), or other applicable law.
(d) Withdrawal of Reference. The automatic referral in Subdivision (a) may be
withdrawn by the assigned district judge.
(1) Motion. A motion for withdrawal of reference shall be filed with the clerk of
the bankruptcy court under Bankruptcy Rule 5011 and Local Bankruptcy
Rule 5011-1.
(2) Response. No later than 14 days after service of the motion, a party may
file in the bankruptcy court a response and a designation of any additional
portion of the record necessary for determination of the motion.
(3) Supplementation of Record. The record may be supplemented by order
of the bankruptcy judge.
(4) Referral to District Court. The bankruptcy judge shall refer the motion to
the district court.
(5) Assignment. The motion shall be assigned to a district judge under
D.C.COLO.LCivR 40.1.
(e) Non-core Matter. When a bankruptcy judge hears a proceeding under 28 U.S.C.
§ 157(c)(1) that is not a “core proceeding” as defined by 28 U.S.C. § 157(b)(2),
the bankruptcy judge shall submit the proposed findings of fact and conclusions
of law to the district judge assigned under D.C.COLO.LCivR 40.1. Copies of
those recommendations shall be mailed by the bankruptcy judge to all parties,
who shall have 14 days after the date of mailing of the recommendations (or
such further time not to exceed 30 days as the bankruptcy judge may order) to
file written objections. Objections lacking specificity as to factual findings or legal
conclusions the objecting party claims to have been erroneously made and
objections not timely filed may be summarily overruled. If no objection is filed, or
if the parties consent in writing, the recommendations of the bankruptcy judge
may be accepted by the district judge, and appropriate orders may be entered
without further notice. The procedure for determining objections shall be as set
forth in 28 U.S.C. § 157(c)(1).
(f) Filings. The clerk of the bankruptcy court shall receive all pleadings in
bankruptcy cases and related proceedings. Bankruptcy pleadings and
documents shall be filed with the bankruptcy court under the Federal Rules of
Bankruptcy Procedure and Local Bankruptcy Rules for the District of Colorado.
Any bankruptcy pleadings and documents filed with the clerk of the district court
shall be transferred to the bankruptcy court.
(g) Post judgment Matters. The bankruptcy judges shall exercise jurisdiction over
all post judgment execution matters arising from a judgment or order entered by
bankruptcy judges.
SECTION II - CRIMINAL RULES
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
I. SCOPE, PURPOSE, AND CONSTRUCTION
D.C.COLO.LCrR 1.1
SCOPE OF THE LOCAL CRIMINAL 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 - Criminal. These rules
shall be cited as D.C.COLO.LCrR Rule, Subdivision, Paragraph, Subparagraph,
Item (e.g., D.C.COLO.LCrR 47.1(f)(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 criminal actions, cases, and proceedings
(criminal cases) in the United States District Court for the District of Colorado.
(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 refers to a district judge, magistrate judge, or
circuit judge sitting by assignment.
(f) Clerk. Reference in these rules to the clerk refers to 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 upon 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.LCrR 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.
II. PRELIMINARY PROCEEDINGS
[No Local Rules]
III. INDICTMENT AND INFORMATION
D.C.COLO.LCrR 6.1
GRAND JURY
Grand jury supervision shall be assigned equally among the active district
judges.
D.C.COLO.LCrR 7.1
PENALTY SHEET
A penalty sheet shall be provided by an attorney for the government to the clerk
on the filing of a criminal case.
IV. ARRAIGNMENT AND PREPARATION FOR TRIAL
D.C.COLO.LCrR 11.1
PLEAS
(a) Written Notice. Unless otherwise ordered, notice of disposition shall be filed no
later than 14 days before trial.
(b) Pleas in a Felony Case. In a felony case, a plea of guilty or nolo contendere
shall be made before the assigned district judge; however, in a felony case
designated as a Durango or Grand Junction case, with the express written
consent of the government and defendant (using the form found HERE) and on
referral for recommendation by the assigned district judge, the resident
magistrate judge in Durango and Grand Junction, Colorado, may accept a plea of
guilty or nolo contendere and conduct a corresponding advisement under Fed. R.
Crim. P. 11.
(c) Plea Agreement. A Plea Agreement shall be in the form HERE and signed by an
attorney for the government, the defendant’s counsel, if any, and the defendant.
The stipulation of facts relevant to sentencing in the Plea Agreement shall be
included in the presentence report. An attorney for the government shall provide
a copy of the Plea Agreement to the chambers of the assigned judicial officer and
the Probation Office no later than 48 hours before the change of plea hearing.
(d) Statement by Defendant in Advance of Plea of Guilty. A Statement by
Defendant in Advance of Plea of Guilty shall be in the form HERE, and signed by
the defendant’s counsel, if any, and the defendant.
(e) Documents Tendered to Courtroom Deputy. No later than the commencement
of the change of plea hearing, the following documents shall be tendered to the
courtroom deputy:
(1) the original and a copy of the Plea Agreement and Statement by
Defendant in Advance of Plea of Guilty; and
(2) if applicable, the original and a copy of the written translation of the Plea
Agreement and Statement by Defendant in Advance of Plea of Guilty.
D.C.COLO.LCrR 12.1
MOTION TO JOIN MOTION PROHIBITED
(a) A party may not file a motion to join a motion filed by another party.
(b) The government and each defendant shall file its, his, or her own motions. A
motion shall request specific relief and include a title that identifies the relief
requested. In a motion, the party may indicate that the party approves, adopts,
and/or incorporates by reference any or all of the reasons stated, arguments
advanced, and/or authorities cited by a party in another motion. The party shall
identify the related motion of another party by providing the following information:
(1) the name of the other party;
(2) the precise title of the related motion of the other party;
(3) the document number of the related motion in CM/ECF; and
(4) the date the related motion was filed.
D.C.COLO.LCrR 12.2
MOTION, RESPONSE, AND REPLY
A motion shall not be included in a response or reply to the original motion. A
motion shall be filed as a separate document.
D.C.COLO.LCrR 17.1.1
PRETRIAL CONFERENCE
A magistrate judge shall enter a Discovery Conference Memorandum and Order
at the time of or no later than 14 days after the arraignment, and direct counsel to obtain
from the district judge assigned to the case deadlines for filing pretrial motions and a
trial date.
V. VENUE
[No Local Rules]
VI. TRIAL
D.C.COLO.LCrR 24.1
COMMUNICATION WITH JURORS
A party or attorney shall not communicate with, or cause another to communicate
with, a juror or prospective juror before, during, or after a trial without order of the
judicial officer to whom the case is assigned.
VII. JUDGMENT
D.C.COLO.LCrR 32.1
SENTENCING DOCUMENTS
(a) Sentencing Statements.
(1) No later than 30 days after a verdict of guilty is returned by a jury or the
court, the attorney for the government shall file a sentencing statement
that analyzes the sentencing factors to be considered at sentencing.
(2) No later than 14 days after the government files its sentencing statement,
a defendant may file a sentencing statement that analyzes the sentencing
factors to be considered at sentencing.
(b) Objections to Presentence Report. Objections to a presentence report shall
not be included in or combined with a motion for a departure or variance.
(c) Motions for Departure or Variance. A motion for departure or variance shall be
filed no later than 14 days before sentencing. A response may be filed no later
than seven days before sentencing. A motion for departure or variance shall not
be included in a sentencing statement or other sentencing-related document. A
motion for departure or variance shall be filed as a separate motion.
(d) Restricted Access. Unless otherwise ordered, a motion for a departure or
variance shall not be filed as a restricted document.
(e) Sentencing-Related Documents. Unless otherwise ordered, correspondence or
other documents related to sentencing, including letters, reports, certificates,
awards, photographs, or other documents pertaining to the defendant, shall be
provided to the probation office no later than 10 days before sentencing and shall
be filed no later than seven days before sentencing by a probation officer and are
entitled to Level 2 restriction under D.C.COLO.LCrR 47.1(f)(1)(A).
(f) Disclosure of Probation Reports.
(1) Records and reports, including presentence reports and supervised
release violation reports, maintained by the Probation Office are
confidential and not available for public inspection.
(2) The Chief Probation Officer may authorize inspection, disclosure, and
production of records and reports to other federal courts, federal
correctional or law enforcement agencies, treatment providers, or state
authorities who have a legal, investigative, or custodial interest.
(3) A person or entity other than defined in Paragraph (2) who seeks access
to confidential records or reports maintained by the Probation Office shall
file a written request with the Chief Probation Officer that conforms to the
requirements HERE. After consulting with the relevant judicial officer, the
Chief Probation Officer may grant the request in whole or in part.
VIII. APPEAL
[No Local Rules]
IX. SUPPLEMENTARY AND SPECIAL PROCEEDINGS
[No Local Rules]
X. GENERAL PROVISIONS
D.C.COLO.LCrR 46.1
COURT REGISTRY
(a) Deposit of Funds in Court Registry. Unless a statute requires otherwise, funds
shall be tendered to the court or its officers for deposit into the registry only
pursuant to court order. A depositor shall identify in writing the order authorizing
deposit by reference to the relevant docket entry in CM/ECF.
(b) Investment of Funds in Registry. Unless otherwise ordered, no deposit into an
interest-bearing account shall be permitted and the Court Registry Investment
System (CRIS) shall be the authorized investment mechanism.
(c) Registry Fee. Registry fees shall be deducted under 28 U.S.C. § 1914 and any
regulation promulgated thereunder.
(d) Disbursement of Funds in Registry. Funds in the registry shall be disbursed
only by court order. A proposed order to disburse funds shall include the payee's
full name and complete address and the amount to be disbursed. If more than
$10.00 of interest is to be disbursed, the proposed order shall be accompanied
by a completed IRS Form W-9 (which shall be filed under restricted access). The
party requesting disbursement of funds shall provide to the clerk a copy of the
order authorizing disbursement including its CM/ECF docket number.
D.C.COLO.LCrR 47.1
PUBLIC ACCESS TO CASES, DOCUMENTS, AND PROCEEDINGS
(a) Policy. Unless restricted by statute, rule of criminal procedure, these rules, or
court order, the public shall have access to all cases and 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. Unless otherwise ordered, there are four levels of
restriction. Level 1 limits access to the parties and the court. Level 2 limits access
to the filing party, the affected defendant(s), the government, and the court. Level
3 limits access to the filing party and the court. Level 4 limits access to the court.
(c) Motion to Restrict. Unless otherwise ordered, a motion to restrict public access
shall be open to public inspection. The motion shall identify the case, the
document, or the proceeding for which restriction is sought. The motion shall be
accompanied by a brief that is filed as a restricted document. The brief shall:
(1) identify the case, 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 Motions to Restrict; Objections. 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
access restriction shall expire and the document shall be open to public
inspection.
(f) Documents Subject to Presumptive Restriction. The following documents
shall be filed subject to the specified presumptive restriction levels without the
order of a judicial officer:
(1) Documents that shall be filed with Level 2 restriction (access limited
to the filing party, the affected defendant(s), the government, and the
court):
(A) Pretrial Services reports (bail reports) and pretrial release status
reports.
(B) Petitions for the issuance of summonses or arrest warrants involving
petitions for revocation of pretrial release or for compliance reviews
of pretrial release effective on service of the summons or execution
of the warrant.
(C) Presentence reports, sentencing recommendations, and addenda
and related documents, including correspondence or other
documents related to sentencing, including letters, reports,
certificates, awards, photographs, or other documents pertaining to
the defendant.
(D) Probation or supervised release violation reports.
(E) Statements of reasons in judgments in criminal cases.
(F) Information provided by a person or entity posting bond.
(2) Documents that shall be filed with Level 3 restriction (access limited
to the filing party and the court):
(A) Unexecuted bond revocation orders and supporting documents.
Unless otherwise ordered, this restriction shall expire on the
execution of the order.
(B) Documents and orders under the Criminal Justice Act. Unless
otherwise ordered, this restriction shall expire on the entry of final
judgment.
(C) Indictments. Unless otherwise ordered, this restriction shall expire
on the earlier of the arrest or initial appearance of the first or only
defendant.
(3) Documents that shall be filed with Level 4 restriction (access limited
to the court):
(A) Petitions for summonses or arrest warrants based upon petitions for
revocation of probation or supervised release. Unless otherwise
ordered, this restriction shall expire on the service of the summons
or execution of the warrant.
(B) Issued, but unserved, petitions for the issuance of summonses or
arrest warrants involving petitions for revocation of pretrial release
or for compliance reviews of pretrial release. Unless otherwise
ordered, this restriction shall expire on the service of the summons
or execution of the warrant.
(g) Cases Subject to Presumptive Restriction. A case (including the docket sheet,
case number and caption) initiated by any of the following documents shall be
filed under Level 4 restriction:
(1) Unexecuted summonses and warrants of any kind and supporting
documents. Unless otherwise ordered, this restriction shall expire on the
execution of the summonses or warrants.
(2) Pen register and trap/trace orders and supporting documents. This
restriction shall remain in effect unless otherwise ordered.
(3) Orders and supporting documents under 18 U.S.C. § 2703(d). Unless
otherwise ordered, this restriction shall expire after 90 days.
(4) Title III and clone pager orders and supporting documents. This restriction
shall remain in effect unless otherwise ordered.
(5) Grand Jury material and other documents with restricted access pursuant
to statute. This restriction shall remain in effect unless otherwise ordered.
D.C.COLO.LCrR 49.1
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 criminal
case 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. Unless
otherwise ordered, these shall be filed in paper.
(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. Crim. P. 49(3)(A). 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 Criminal Procedure (e.g., Fed. R. Crim. P. 49(a)(4)). 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 Criminal
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.LCrR 49.3
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 8½ 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.LCrR 50.1
ASSIGNMENT OF CASES
(a) Assignment in General. Except as provided in this rule, criminal cases shall be
assigned to judicial officers by random draw. Work parity shall be maintained
among active district judges, provided that a majority of active district judges may
adjust the assignment of criminal cases to the Chief Judge as may be necessary
for the performance of the duties of that office, and may, for good cause, approve
special assignment or reassignment of criminal cases among the judicial officers
of the court. All other reassignments of cases shall be subject to the approval of
the Chief Judge.
(b) Random Draw by Computer. The clerk shall maintain a computerized program
to achieve work parity among judicial officers through random and public
assignment of new criminal cases. A senior judge may decline assignment of
criminal cases and, on notice to the Chief Judge, limit participation in the random
draw by a stated percentage.
(c) Special Assignments.
(1) On filing a new criminal case charging a felony offense and involving only
one defendant, the United States Attorney shall notify the clerk in writing
when that defendant is the only defendant involved in a pending civil
action for forfeiture assigned to a district judge. The new criminal case
shall be assigned to the same district judge to whom the civil action is
assigned.
(2) On filing a new criminal case charging a felony offense and involving only
one defendant, the United States Attorney shall notify the clerk in writing
when that defendant is the only defendant in another pending criminal
case in which a felony offense is charged. The new criminal case shall be
assigned to the same district judge to whom the pending criminal case is
assigned.
(3) On filing a new criminal case charging a felony offense and involving only
one defendant, the United States Attorney shall notify the clerk in writing
when that defendant is currently on probation or supervised release. The
new criminal case shall be assigned to the same district judge to whom
the criminal case is assigned in which the same defendant is on probation
or supervised release.
(4) For a transfer under 18 U.S.C. § 3605, the probation department shall
notify the clerk in writing when the defendant is involved in a pending
criminal case or is serving a term of probation or supervised release
ordered in this district. The transferred criminal case shall be assigned to
the judicial officer to whom the pending criminal case is assigned or who
presided over the case in which the defendant is serving a term of
probation or supervised release.
(5) For a transfer under Fed. R. Crim. P. 20, the United States Attorney shall
notify the clerk in writing when the defendant is involved in another
pending criminal case. The transferred criminal case shall be assigned to
the judicial officer who is presiding over the pending criminal case.
(6) A majority of the district judges may provide for the assignment of criminal
cases which may be heard outside Denver, Colorado, in another location
where court may be held under 28 U.S.C. § 85.
(d) Recusal. Recusal of an active judicial officer shall be by written order stating the
reasons.
(e) Adjustments. On recusal the clerk shall adjust the computerized program to
maintain work parity among active district judges.
D.C.COLO.LCrR 53.1
HEARING AND TRIAL PROCEDURES
A judicial officer presiding over a hearing or trial may establish governing
procedures. Judicial practice standards are HERE.
D.C.COLO.LCrR 55.1
CUSTODY OF PLEADINGS, DOCUMENTS, CONVENTIONALLY SUBMITTED
MATERIALS AND EXHIBITS
(a) Custody and Removal. Unless otherwise ordered, pleadings, documents,
conventionally submitted materials, and exhibits in a court file or submitted to a
judicial officer shall not be removed from the office or custody of the clerk or
judicial officer.
(b) Disposition.
(1) After 60 days of entry of final judgment in a criminal action in which no
appeal is taken, the clerk may notify counsel of record and any
unrepresented party that the clerk intends to dispose of any conventionally
submitted material or exhibit in the possession of the clerk. If no objection
is filed within 14 days of the notice, the clerk may dispose of the
conventionally submitted material or exhibit.
(2) In a criminal action on appeal, any conventionally submitted material or
exhibit that was not transmitted as a part of the record on appeal may be
transferred by the clerk to the offering attorney or unrepresented party
who shall retain the conventionally submitted material or exhibit pending
order of the appellate court.
D.C.COLO.LCrR 55.2
INSPECTION OF PHYSICAL EVIDENCE
While in the custody of the clerk, physical evidence shall not be inspected or
copied except in the presence of and under the supervision of the clerk. The clerk may
limit or prohibit inspection or copying to preserve the evidence.
D.C.COLO.LCrR 56.1
TIME AND PLACE OF FILING
Unless otherwise ordered, an electronically filed pleading or document shall be
filed no later than 11:59:59 p.m. (Mountain Time) on the day required. Unless otherwise
ordered, all other pleadings and documents shall be filed during the business hours of
the office of the clerk from 8:00 a.m. to 5:00 p.m. (Mountain Time) Monday through
Friday.
D.C.COLO.LCrR 57.1
GENERAL AUTHORITY AND DUTIES OF A MAGISTRATE JUDGE
(a) General Authority. Except as restricted by these rules, a magistrate judge may
exercise all powers and duties authorized by federal statutes, regulations, and
the Federal Rules of Criminal Procedure.
(b) Duties. A magistrate judge may:
(1) authorize the installation and use of a pen register or a trap and trace
device under 18 U.S.C. §§ 3122-23, and direct the furnishing of
information, facilities, and technical assistance necessary to accomplish
the installation of the pen register or trap and trace device;
(2) issue search warrants;
(3) accept criminal complaints and issue or quash arrest warrants or
summonses;
(4) accept waivers of indictment under Fed. R. Crim. P. 7(b);
(5) receive the return of indictments by the grand jury and issue arrest
warrants or summonses when necessary for the defendants named in the
indictments;
(6) restrict and grant access to an indictment;
(7) conduct preliminary proceedings incident to transfer cases under Fed. R.
Crim. P. 20;
(8) exercise powers and duties necessary to extradite fugitives under 18
U.S.C. §§ 3181-96;
(9) conduct hearings and issue orders under the Bail Reform Act of 1984, 18
U.S.C. §§ 3141-56;
(10) forfeit bond when a defendant fails to appear in proceedings scheduled
before the magistrate judge;
(11) set bond for material witnesses;
(12) conduct arraignments by taking and entering pleas and when necessary,
make findings affecting speedy trial considerations under the Speedy Trial
Act of 1974, 18 U.S.C. §§ 3161-74;
(13) direct the United States Marshal to arrange for payment of expenses for
basic transportation and subsistence for a defendant financially unable to
bear the costs of travel to required court appearances;
(14) issue subpoenas and writs of habeas corpus ad testificandum and
prosequendum or other orders necessary to obtain the presence of
parties, witnesses, or evidence;
(15) conduct non-jury trials in cases involving petty offenses or misdemeanors;
(16) conduct jury trials in cases involving misdemeanors under 18 U.S.C. §
3401(a);
(17) direct the probation office to conduct presentence investigations in cases
involving misdemeanors;
(18) perform the functions specified in 18 U.S.C. §§ 4107, 4108, and 4109
regarding proceedings for verification of consent by offenders to transfer
to or from the United States, including the appointment of counsel;
(19) appoint counsel for a person subject to revocation of probation, parole, or
supervised release; a person in custody as a material witness; a person
seeking relief under 28 U.S.C. §§ 2241, 2254, or 2255 or 18 U.S.C. §
4245; or a person for whom the Sixth Amendment to the United States
Constitution or federal law requires the appointment of counsel;
(20) conduct preliminary hearings;
(21) exercise contempt authority as authorized by law;
(22) preside over cases involving petty offenses or misdemeanors brought
against juvenile defendants as authorized by law;
(23) act on post judgment matters as authorized by law;
(24) order psychiatric or psychological examinations and reports under 18
U.S.C. §§ 3552(c), 4241(b), 4244(b), 4245(b) and/or 4246(b);
(25) conduct hearings and make recommendations to district judges
concerning competency of defendants to stand trial;
(26) conduct hearings and make recommendations to district judges on
motions to suppress statements or evidence;
(27) issue orders on motions to treat a document as a highly sensitive
document; and
(28) issue other orders as authorized by law.
D.C.COLO.LCrR 57.2
COMMUNICATION WITH A JUDICIAL OFFICER
Unless otherwise ordered, a party to or an attorney in a proceeding shall not
communicate directly about the proceeding in any manner with a judicial officer
assigned to the proceeding.
D.C.COLO.LCrR 57.3
RECORDING DEVICES
(a) Prohibited Recording Devices. Unless authorized by a judicial officer, a
device whose exclusive or principal use is as a camera, video recorder, or
audio recorder may not be brought into or used in a United States Courthouse
or any location in which court business and proceedings are conducted.
(b) Prohibited Eyeglasses. Any eyeglasses determined to be “smart glasses,”
(i.e., eyeglasses, which, at a minimum, may be used as a camera, video
recorder, or audio recorder) regardless of manufacturer, make, model, or type
of imbedded technology, may not be brought into or used in a United States
Courthouse or any location in which court business and proceedings are
conducted.
(c) Permissible Devices. After clearing security, an electronic device, including, but
not limited to, a cellular telephone, a smartphone, a laptop computer, an
electronic tablet, or a personal data assistant (PDA), regardless of the technology
used or the name by which the device is marketed, may be brought into any
public area in the United States Courthouse or any location in which court
business and proceedings are conducted.
(d) Impermissible Uses of Permissible Devices. A person shall not use a
permissible device defined in Subdivision (c) to take photographs or to make
audio or video recordings in any public area in the United States Courthouse or
any other location in which court business and proceedings are conducted. A
person shall not use a permissible device defined in Subdivision (c) to take
photographs or to make audio or video recordings in any courtroom or chambers
except as authorized by the judicial officer having direct control of that space.
(e) Sanctions for Violations. Violation of this rule may constitute contempt of court
punishable by incarceration and the imposition of fines, costs, and attorney fees.
The court authorizes the following agencies and those under contract
employment of such agencies to maintain the security of district court spaces:
(1) United States Marshals Service;
(2) United States Department of Homeland Security Federal Protective
Service; and
(3) United States General Services Administration.
The authority to maintain security through the enforcement of this rule may
involve taking possession of the device, searching the device and its contents,
and preserving, copying, transferring, or deleting unauthorized video or audio
recordings or photographs of court operations, proceedings, or facility space from
electronic devices with or without the cooperation of a person found to be in
possession of the device.
A judicial officer may take action to enforce this rule or to sanction a violator.
D.C.COLO.LCrR 57.4
SECURITY AND PROHIBITED ITEMS
(a) Procedures. All persons entering a building, courthouse, courtroom, or any
other location in which court business and proceedings are conducted shall
be subject to security procedures.
All briefcases, purses, parcels, bags, backpacks, and other items shall be passed
through an X-ray scanner or magnetometer (or their functional equivalent) and
shall be subject to search. This rule shall apply at such other places as a judicial
officer may direct.
At the direction of the security officer conducting security screenings of persons
attempting to enter a building, courthouse, courtroom, or any other location in
which court business and proceedings are conducted, eyeglasses shall be
passed through an X-ray scanner or magnetometer (or their functional
equivalent) and shall be subject to search. Any eyeglasses determined to be
“smart glasses” (i.e., eyeglasses, which, at a minimum, may be used as a
camera, video recorder, or audio recorder) regardless of manufacturer, make,
model, or type of imbedded technology, are prohibited items and shall not be
permitted inside and shall not be used in any building, courthouse, courtroom, or
any other location in which court business and proceedings are conducted.
Unless otherwise ordered and with the exception of federal law enforcement
officers conducting official duties, all persons entering a building, courthouse,
courtroom, or any other location in which court business and proceedings are
conducted are prohibited from entering with any form of weapon, explosive,
explosive device, destructive device, or any other dangerous material, including,
but not limited to, the following:
(1) Firearms or firearm replicas (e.g., pellet guns, BB guns, flare guns, spear
guns, stun guns, starter pistols, gun shaped lighters or torches, non-firing
replicas, dummy firearms, etc);
(2) Sharp, bladed, edged, or cutting instruments (e.g., axes, hatchets, drills,
drill bits, ice picks, box cutters, arrows, swords, knives (of any size), razor
blades, razors (except razors used for personal grooming by individuals
using the fitness center, etc.);
(3) Club-like items and striking devices (e.g., hammers, baseball bats, cricket
bats, pool cues, golf clubs, ski poles, billy clubs, blackjacks, nightsticks,
crow bars, batons, nunchucks, kubatons, martial arts weapons,
slingshots, tools (with the exception of duty requirements), etc.);
(4) Explosive materials or devices (e.g., bombs, grenades, mines,
ammunition, gun powder, plastic explosives, dynamite, nitroglycerin,
trinitrotoluene, blasting caps, fireworks, flares, realistic replicas of
explosives, etc.);
(5) Incendiaries or incendiary devices (e.g., IEDs (improvised explosive
devices), aerosol sprays, gasoline, diesel, propane, other flammable
fuels, turpentine, paint thinner, realistic replicas of incendiaries, etc.);
(6) Disabling chemicals and other dangerous items (e.g., chlorine, liquid
bleach, compressed gas cylinders (e.g., fire extinguishers), mace, pepper
spray, tear gas, poisonous gases, nuclear material, illicit drugs, alcohol,
etc.), except that tenants of any federal courthouse or court facility in the
District of Colorado may carry chemical protection agents for personal
protection if done in compliance with all local laws. Tenants must maintain
personal protection chemical agents in a holster or carrying case and
notify the Court Security Officer or other screening official before entering
the screening station; however, visitors may not bring such items into the
building, courtroom, or any other place where court is being held.
(b) Sanctions for Violations. Violation of this rule shall be grounds for refusing
admission to the building, courthouse, courtroom, or any other location in which
court business and proceedings are conducted and for confiscating, securing, or
destroying any prohibited item and may subject the violator to detention, arrest,
and prosecution as provided by law, punishment for contempt of court, or any
other sanction deemed appropriate.
(c) Identification or Information. On request of a United States marshal, court
security officer, federal protective service officer, or court official, anyone within
