Our bondage to law is the price
we pay for freedom.
Judge Robert T. Mann
PRACTICE STANDARDS
CIVIL ACTIONS
TO: Counsel and Parties
FROM: Judge Robert E. Blackburn, United States District Judge
RE: Practice Standards Civil Actions
I. PURPOSE AND RELATION TO OTHER RULES
A. Purpose And Authority
1. Consistent with Fed. R. Civ. P. 1, these practice standards are adopted
to secure the just, speedy, and inexpensive determination of every civil action.
These practice standards shall apply to all motions, petitions, applications,
responses, replies, objections, orders, and all other papers filed on or after
December 1, 2025, and to all hearings and trials conducted on or after
December 1, 2025. They may be revised without notice and may be modified by
orders entered in specific cases.
2. These practice standards have the force and effect of the orders
of this court.
B. Relation To Local Rules
1. These practice standards supplement, not supplant or supersede, the
Local Rules of Practice of the United States District Court for the District of
Colorado-Civil.
C. Access To Local Rules & Practice Standards
1. Copies of the local rules are available here and from the clerk in Room
A105.
2. Copies of these practice standards are available here and from the
clerk in Room A105.
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II. GENERAL PROCEDURES
A. Applicable Rules
1. Those appearing in the District Court must know and follow:
a. The Federal Rules of Civil Procedure;
b. The Federal Rules of Evidence;
c. The Local Rules of Practice of the United States District Court
for the District of Colorado;
d. The Electronic Case Filing Procedures; and
e. These practice standards.
2. Failure to comply with the foregoing rules or procedures or the practice
standards of this court may result in the imposition of appropriate sanctions,
including, but not limited to, striking noncomplying papers, punishing contempt of
court, vacating hearings or trials, or dismissing claims or the action.
B. Communications with Chambers
1. For information about the status of a motion or document, please utilize
the CM/ECF system available here, or the PACER system available here, or
from the District Court’s home page (www.cod.uscourts.gov) at “PACER.”
2. For other information or assistance, please contact the Judicial
Assistant of the court at 303-335-2350.
C. Service by Electronic Means
1. You may be directed to transmit proposed orders or other pleadings or
papers by e-mail to
[email protected]. The proposed
order or document should be submitted as an attachment to the e-mail in
preferably Word, using an Arial 12 point font. The e-mail message should
identify the case number and document attached. Do not send documents
directly to chambers by facsimile or e-mail unless requested or ordered to
do so by the court.
D. Citations
1. Citations shall be made pursuant to the most current edition of THE
BLUEBOOK: A UNIFORM SYSTEM OF CITATION.
2. General references to cases, pleadings, depositions, or documents are
insufficient if the document is more than one page in length. Whenever possible,
specific references in the form of pinpoint citations shall be used to identify
relevant excerpts from cases, pleadings, depositions, or documents.
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3. Whenever practicable, a citation to an unpublished opinion should
include its Westlaw® citation.
4. These practice standards should be cited as REB Civ. Practice
Standard, Part, Section, Subsection, Paragraph, Subparagraph, and Sub-
subparagraph (e.g., REB Civ. Practice Standard V.F.3.a.1.a.).
E. Typeface
1. All papers filed with the court by anyone other than a judicial officer
shall be in an Arial 12 point font (exclusive of footnotes and endnotes).
Noncomplying papers may be stricken.
F. Continuances of Hearings and Trials
1. Motions to continue are strongly discouraged because of the adverse
effects they have on case management.
2. Motions to continue (including motions to vacate or reset) hearings and
trials shall be determined pursuant to D.C.COLO.LCivR 6.1 and 7.1(d), and
United States v. West, 828 F.2d 1468, 1469-70 (10th Cir. 1987).
3. Oral or written motions to continue made at the time of a hearing or trial
may not be entertained by the court.
4. Stipulations for continuance shall not be effective unless and until
approved by the court.
G. Motions for Extensions of Time
1. Motions for extension of time are strongly discouraged because of the
adverse effects they have on case management. Thus, motions for extension of
time will be granted only in rare and exceptional circumstances.
2. Motions for extension of time require a showing of good cause, which
must be established with particularity.
3. The following do not constitute good cause: agreement by counsel,
inconvenience to counsel or the parties; press of business; conflicts in scheduling
(a fortiori, when more than one attorney has entered an appearance for a party);
or practice as a sole practitioner.
4. Any motion for extension of time shall be filed no later than
three (3) business days before the date the motion, response, reply, or
other paper to which the extension applies is due.
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5. This practice standard is subject to D.C.COLO.LCivR 6.1(a), which
governs extension by stipulation.
H. Settlement
1. Settlement discussions are encouraged at all phases of the litigation
process, especially early on; however, hearings, trials, and pretrial deadlines will
not be continued or vacated to facilitate settlement negotiations or alternative
dispute resolution.
2. If a settlement of a contested motion or a matter to be tried to the court
or to a jury is reached before the hearing or trial, please advise the court as soon
as practicable via e-mail to
[email protected].
III. COURTROOM PROCEDURES
A. Recording of Proceedings
1. Transcripts of proceedings may be ordered from the realtime reporter
assigned to the court. Requests for realtime, daily, or hourly copy must be made
at least thirty (30) days before the trial or hearing. Further details can be
obtained from the court.
B. Exhibits
1. Each party must pre-mark all exhibits that will be used or identified for
the record in a hearing or trial. Whenever possible, each party must provide a
copy of each exhibit to opposing counsel or any pro se party before a hearing or
before a trial pursuant to the Trial Preparation Conference Order. Exhibits not
timely pre-marked or exchanged before a hearing or trial may not be admitted.
Any stipulation of fact should be marked and marshaled as an exhibit.
2. The parties shall submit a single, joint list of exhibits listed numerically
and consecutively using the Parties’ Joint Exhibit List form. (The form is
available online here and in the clerk’s office Room A105.)
a. Exhibits to which the parties have stipulated shall be listed first
with the “stipulated” box checked;
b. The remaining exhibits shall be listed numerically and
consecutively;
c. Do not mark an exhibit making reference to the party offering it,
e.g., do not mark an exhibit as “Plaintiff’s Exhibit _____” or “Defendant’s
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Exhibit _____”; and
d. The case number shall appear on each exhibit sticker or label.
3. Exhibits must be bound, e.g., in three-ring notebooks or folders, and
the notebook or folder labeled with the following information: (i) caption, (ii)
nature of proceeding, (iii) scheduled date and time, and (iv)“original” or “copy.” If
exhibits are not bound and labeled properly, the hearing or trial may be delayed
or continued until they are.
4. Number of Sets of Exhibits
a. For hearings, separate sets of bound exhibits must be brought
to the hearing for the court and the witness stand, and for represented
parties two (2) USB drives per party containing all exhibits must be
provided to the courtroom deputy clerk.
b. For trials, the Trial Preparation Conference Order will specify
the number of sets of exhibits.
5. Before any hearing or trial, each party shall submit to the courtroom
deputy clerk an original and two copies of the Witness List and Exhibit List
preferred by the court. Forms are available online here and in the clerk’s office
in Room A105.
C. Depositions
1. Together with Fed. R. Civ. P. 32, this practice standard governs the
use of depositions in court proceedings.
2. Evidence to be presented by deposition shall be designated with
specificity, i.e., by page(s) and line(s).
3. Initial designations of deposition testimony shall be made not later than
forty-five (45) days before trial, and counter designations shall be made not
later than thirty (30) days before trial.
4. Objections to any properly designated portion of a deposition shall be
filed and determined in the time and manner prescribed by D.C.COLO.LCivR 7.1
(d), and REB Civ. Practice Standard IV.A. and B. Objections shall be presented
in a table that has four columns (see sample table below): (1) item number; (2)
testimony (identified with specificity, i.e., by page(s) and line(s)); (3) objection;
and (4) ruling. Additionally, the portion, i.e., the relevant excerpt, of the transcript
of the deposition that is the subject of an objection shall be filed with the
objections. Objections may be resolved before trial to facilitate appropriate
redaction.
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Item Testimony Objection Ruling
#
1.
5. For jury trials, parties are required to provide a person to read the
deposition answers.
6. For bench trials, depositions will not be read in open court. Instead,
the court will read them in chambers in any requested sequence. At the
beginning of the trial, the offering party shall provide the courtroom deputy clerk
with two (2) copies of the relevant deposition transcript marked as an exhibit
with plaintiff’s designated portions highlighted in yellow, the defendant’s in blue,
and any other party’s in green.
D. Videotape Depositions
1. Together with Fed. R. Civ. P. 32, this practice standard governs the
use of videotape depositions in court proceedings.
2. Evidence to be presented by deposition shall be designated with as
much specificity as practicable.
3. Initial designations shall be made not later than forty-five (45) days
before trial, and counter designations shall be made not later than thirty (30)
days before trial.
4. Objections to any properly designated portion of a videotaped
deposition shall be filed not less than fourteen (14) days before trial and
marshaled in the time and manner prescribed by D.C.COLO.LCivR 7.1(d).
Additionally, the portion, i.e., the relevant excerpt, of the transcript of the
deposition that is the subject of an objection shall be filed with the objections.
Objections shall be presented in a table that has four columns (see sample table
below): (1) item number; (2) testimony (identified with specificity, i.e., by page(s)
and line(s)); (3) objection; and (4) ruling. Objections may be resolved before trial
to facilitate appropriate redaction.
Item Testimony Objection Ruling
#
1.
E. Glossary
1. Not later than five (5) business days before commencement of a
hearing, a bench trial, a jury trial, or any other proceeding, counsel and any pro
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se party shall file and provide the court, the court reporter, the courtroom deputy
clerk, opposing counsel, and any pro se party with a glossary of any difficult,
unusual, scientific, technical, and/or medical jargon, words, names, terms and/or
phrases.
IV. MOTIONS AND OBJECTIONS PRACTICE
A. Motions Not Addressed In D.C.COLO.LCivR 7.1(d)
1. Excluding motions filed under Fed. R. Civ. P. 56 or 65 or under Fed. R.
Evid. 702, all motions not covered by or addressed in D.C.COLO.LCivR 7.1(d),
including, but not limited to, motions presenting issues in limine or only contested
issues of fact, shall be marshaled and determined in the time and manner
prescribed by D.C.COLO.LCivR 7.1(d).
B. Page Limitations
1. Excluding motions filed under Fed. R. Civ. P. 56 or 65, all other
motions, objections (including objections to the recommendations or orders of
United States Magistrate Judges), responses, and concomitant briefs shall not
exceed fifteen (15) pages. If a party elects to file more than one Rule 12(b)
motion, then opening briefs and response briefs shall not exceed fifteen (15)
pages total for all such motions (not each such motion) filed by that party.
Motions and briefs shall be combined and shall be considered one paper for
purposes of computing page limitations. Replies shall not exceed ten (10)
pages. These page limitations shall include the cover page, jurisdictional
statement, statement of facts, procedural history, argument, authority, closing,
signature block, and all other matters, except the certificate of service.
2. Motions for summary judgment or partial summary judgment and
response briefs shall not exceed twenty (20) pages. Reply briefs shall not
exceed ten (10) pages. These page limitations shall include the motion, cover
page, jurisdictional statement, statement of facts, procedural history, argument,
closing, signature block, and all other matters, except the certificate of service. If
a party elects to file more than one Rule 56 motion, then the motions and
response briefs shall not exceed twenty (20) pages total for all such motions
(not each such motion) filed by that party.
C. Untimely Or Noncomplying Motions, Objections, Responses, or Replies
1. Motions that are untimely, noncomplying, or filed without a certification
when required under D.C.COLO.LCivR 7.1(a) may be denied without prejudice or
stricken sua sponte.
2. Untimely or noncomplying objections, responses, or replies may be
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denied without prejudice, stricken, or ignored.
3. A “noncomplying” motion, objection, response, or reply is a paper that
does not conform in form or substance to the procedural, formatting, or technical
requirements of the apposite statute, regulation, rule of civil procedure, local rule,
or these practice standards.
D. Responses and Replies
1. A response shall clearly and completely identify by title, court CM/ECF
docket number, and date filed the antecedent motion or petition to which
response is made. Similarly, a reply shall clearly and completely identify by title,
court CM/ECF docket number, and date filed the antecedent response to which
reply is made.
E. Motions In Limine
1. Motions in limine are strongly discouraged, a fortiori, when the motion
is evidence driven and cannot be resolved until evidence is presented at trial.
2. In the extremely limited circumstances in which a motion in limine is
necessary to determine an issue of law, it shall be filed and determined in the
time and manner prescribed by D.C.COLO.LCivR 7.1(d), and REB Civ. Practice
Standard IV.B.1.
3. Evidentiary issues should be raised in a trial brief rather than by motion
in limine. See REB Civ. Practice Standard V.D.
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V. TRIALS
A. Final Pretrial Conference
1. The form of Final Pretrial Order under the section titled CLAIMS AND
DEFENSES shall include the following provisions:
a. Any party may elect to omit a summary of the claims,
counterclaims, cross-claims, defenses and affirmative defenses. If a party
includes a narrative summary, it shall not exceed one page in length.
b. Regardless whether a narrative summary is included, this part of
the order shall include a separate enumeration of each claim, counterclaim,
cross-claim, defense, and affirmative defense to be tried and identify the
party with the burden of proof. If a claim, counterclaim, cross-claim,
defense, or affirmative defense is asserted under state law, the parties shall
designate which state’s law applies. Within each separately enumerated
claim, counterclaim, cross-claim, defense, or affirmative defense, the parties
shall enumerate separately each essential or material element comprising
the claim or defense. If the parties disagree about the allocation of the
burden of proof or the essential elements of a claim or defense, their dispute
shall be noted in a footnote with citations supporting the competing
positions.
B. Trials To Court
1. For a trial to the court, not less than five (5) business days before trial,
counsel and any pro se party shall (i) file in CM/ECF and (ii) submit by e-mail to
[email protected] proposed findings of fact, conclusions
of law, and orders. Counsel and any pro se party are requested to state their
proposed findings of fact as nearly as possible in the same order as their
anticipated order of proof at trial. Counsel and any pro se party are requested to
key their closing arguments to their proposed findings of fact and conclusions of
law and to emphasize the evidence on which they rely to support their positions.
2. For a trial to the court, a proper resumé or curriculum vitae, marked and
marshaled as an exhibit, generally will suffice for the qualification of an expert
witness.
C. Jury Trials
1. Jury trials will begin with jury selection at the time specified in the Trial
Preparation Conference Order.
2. Unless ordered otherwise, the jury shall consist of nine (9) jurors.
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Pursuant to Fed. R. Civ. P. 47(b) and 28 U.S.C. §1870, each side shall have three
(3) peremptory challenges.
3. Not less than five (5) business days before trial, the parties shall file
the voir dire questions each proposes to propound to the venire.
4. Jury Instructions and Verdict Forms:
a. Counsel and any pro se party shall confer well in advance of trial,
and not less than thirty (30) days before trial, and shall file in CM/ECF and
submit by e-mail to
[email protected] (1) a
stipulated statement of claims and defenses to be given to the jury; and (2)
those jury instructions and verdict forms that the parties stipulate should be
given to the jury. Otherwise, concerning special or disputed instructions or
disputed verdict forms, not less than thirty (30) days before trial, each party
shall tender any proposed special or disputed instruction or disputed verdict
form as provided below in Subsections b, c, and d. It is often possible for
the parties to stipulate to all “stock” instructions, and frequently the parties
are able to agree on most substantive instructions and verdict forms as well.
Whenever applicable the parties should use the court’s preferred jury
instructions, which are available online here.
b. Proposed instructions and verdict forms shall be filed and
submitted by e-mail to
[email protected].
Instructions and verdict forms submitted by e-mail must be tendered in
preferably Word Perfect format (preferably Word Perfect 12 or a later
version of Word Perfect) or Word, using Arial 12 point font and double-
spaced.
c. Each instruction and verdict form submitted to chambers via
e-mail must be in a separate document or file, so that the court can
view each separate instruction and verdict form as a single document,
as opposed to one of several instructions and/or verdict forms
combined in a single document or file.
d. To facilitate preparation, marshaling, and consideration of
proposed jury instructions and verdict forms, the parties shall identify and
enumerate each individual jury instruction in both the heading of each
individual jury instruction and in the file name for each instruction as follows:
1. Stipulated - Stipulated instructions shall be identified as
“Stip-01,” “Stip-02,” etc.
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2. Competing & non-stipulated instructions - A competing
instruction is an instruction addressing an issue about which the
parties agree an instruction is necessary, but disagree about its
wording. Competing instructions must address the same issue
and be designated using the same number, i.e., Comp-P-01 and
Comp-D-01 must address the same issue. Non-stipulated
instructions are those requested by an individual party to which any
other party objects, but does not tender a competing instruction.
a. Plaintiff’s competing & non-stipulated -
Competing or non-stipulated instructions submitted by the
plaintiff shall be identified as “Comp-P-01,” “Comp-P-02,”
“NonStip-P-01,” “NonStip-P-02," etc.
b. Defendant’s competing & non-stipulated -
Competing or non-stipulated instructions submitted by the
defendant shall be identified as “Comp-D-01,” “Comp-D-02,”
“NonStip-D-01,” “NonStip-D-02," etc.
c. Multiple parties - If there are multiple plaintiffs or
multiple defendants, then each plaintiff or defendant shall
identify and enumerate each of their individual competing or
non-stipulated jury instructions in both the heading or title and
in the file name for each instruction using the party’s name or
abbreviated name in place of the P or D designation. A
designation such as “Comp-[party name]-01,” or “NonStip-
[party name]-01," is sufficient.
3. Verdict forms & special interrogatories - The parties
shall similarly identify and enumerate all proposed verdict forms and
special interrogatories.
e. Tendered instructions and verdict forms shall be submitted as
attachments to one or more e-mails as technology permits. The
attachments must organized into three groups: 1) Stipulated instructions; 2)
Competing instructions; and 3) Non-stipulated instructions. When
submitting proposed instructions and verdict forms, the instructions and
verdict forms must be attached to one or more e-mails in the form and order
specified below:
1. Stipulated – All stipulated instructions and verdict forms
must appear as a first group of attachments in the e-mail, and the e-
mail must clearly indicate the group of attachments that contains all
stipulated instructions and verdict forms.
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2. Competing – All competing instructions and verdict forms
must appear as a second group of attachments in the e-mail, and the
e-mail must clearly indicate the group of attachments that contains all
competing instructions and verdict forms.
3. Non-stipulated – All non-stipulated instructions and
verdict forms must appear as a third group of attachments in the e-
mail, and the e-mail must clearly indicate the group of attachments
that contains all non-stipulated instructions and verdict forms.
f. In diversity cases where Colorado law applies, please submit
instructions and verdict forms that conform to the then current edition of CJI-
Civ.
g. Not less than thirty (30) days before trial, each party shall file a
brief or memorandum in support of or opposition to the proposed
instructions and verdict forms that are competing or non-stipulated.
h. At the jury instruction conference (charging conference) after
the close of evidence, or any prior jury instruction conference, the
court, in its discretion, may consider only those instructions and
verdict forms managed in conformity with the foregoing sections or
that address unanticipated matters raised during trial.
5. Jurors will be permitted to take notes during the trial.
6. The jury will be instructed before closing argument.
7. Each juror will be given copies of the written jury instructions and verdict
form(s) for their use and consideration during deliberations.
D. Trial Briefs
1. Trial briefs are encouraged, but not required absent specific order. If
filed, trial briefs shall not exceed ten (10) pages and shall be filed not later than
five (5) business days before trial. Please flag evidentiary issues in a trial brief
rather than by motion in limine. However, a trial brief may not be used as a
spurious, belated substitute for a motion that must be filed as a motion.
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