Standing Order Regarding Pretrial and Trial Procedures - CIVIL
Judge Gordon P. Gallagher
United States District Court
District of Colorado
Courtroom 323
Wayne Aspinall U.S. Courthouse
Chambers 310
400 Rood Avenue
Grand Junction, CO 81501
Telephone: (970) 241-8932
Email:
[email protected]
Issued: December 2025
I. GENERAL PROCEDURES
A. Communications with Chambers
Inquiries to Chambers (e.g., questions about procedures and standards)
should be made via email to
[email protected].
Please copy opposing counsel or opposing pro se parties on all emails.
Please do not contact Chambers about substantive matters as Chambers
staff cannot give legal advice or grant informal requests not made via motion.
For information about filing documents electronically please contact the ECF
Help Desk at
[email protected] or (303) 335-3433.
B. Citations
This Standing Order should be cited as GPG Civil Standing Order, Part,
Section, Subsection, and Paragraph (e.g., GPG Civ. Standing Order
III(B)(1)(a)).
II. COURTROOM PROCEDURES
C. Courtroom Operations
For information regarding the courtroom, including telephonic or video
connection, courtroom equipment and technology, courtroom protocol, use
of deposition transcripts, the submission of trial exhibits and witness lists,
and the use of exhibits at trial, please contact the Courtroom Deputy,
Donald Clement, at
[email protected]. The courtroom
is equipped with HDMI and VGA plug-ins for displaying exhibits. In addition,
there are monitors at each table including the witness stand, large screens
for the gallery, white pads, easels, and an ELMO.
For trial, please contact Mr. Clement at least fourteen days prior with any
questions regarding remote witnesses (if allowed by the Court), submission
of trial exhibits and witness lists, use of exhibits at trial, general courtroom
procedures, and to schedule a technical walk-through.
D. Recording of Proceedings
The realtime reporter assigned to the Court is Megan Strawn at
[email protected] Transcripts of proceedings may be
ordered from Ms. Strawn. Requests for realtime, daily, or hourly copy must
be made at least thirty days before trial. For further details, contact Ms.
Strawn.
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III. TRIALS
A. Final Pretrial Order and Conference
The Court will hold a Final Pretrial Conference as prescribed by Fed. R. Civ.
P. 16(e) and D.C.COLO.LCivR 16.3. The Final Pretrial Order Form can be
found at http://www.cod.uscourts.gov/CourtOperations/RulesProcedures/
Forms.aspx.
At least fourteen days before the scheduled date of the Final Pretrial
Conference, counsel shall meet and confer to develop jointly the contents
of the proposed Final Pretrial Order. It is the responsibility of Plaintiff’s
counsel (but if Plaintiff is pro se, it shall be Defendant’s counsel’s
responsibility) to schedule meetings and then file and submit the proposed
Final Pretrial Order. If the parties agree, Plaintiff may delegate responsibility
for filing and submission to Defendant.
Unless otherwise ordered, the parties shall submit their proposed Final
Pretrial Order no later than seven days before the date of the Final
Pretrial Conference. The proposed Final Pretrial Order should be filed in
CM/ECF and submitted electronically in editable (Word) format directly to
Chambers at
[email protected].
If no summary judgment motions are filed, the parties shall contact the Court
jointly via email within ten days after the dispositive motions deadline to
set a Final Pretrial Conference.
If dispositive motions are filed, parties shall contact the Court jointly via
email within thirty days after the Court has issued a ruling (assuming the
case survives a motion for summary judgment) to set a Final Pretrial
Conference.
B. Trial Settings
Whenever practicable, dates for the trial and the Trial Preparation
Conference will be given to the parties during the Final Pretrial Conference.
C. Length of Trial
Should the parties request a trial lasting longer than five days, before a trial
date can be set, counsel shall be prepared to present argument to the Court
as to why a trial longer than five days is necessary.
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D. Motions In Limine
Motions in limine are strongly discouraged when the motion cannot be
resolved until evidence is presented at trial. Instead, such evidentiary issues
can be flagged in a trial brief. If motions in limine are filed, they must be filed
twenty-one days before the Trial Preparation Conference. Any responses
to the motions in limine shall be filed fourteen days before the Trial
Preparation Conference.
Conferral and One Motion Limit: Prior to filing a motion in limine, counsel
shall confer with one another in an attempt to resolve the contested
evidentiary issues. If they are unable to come to a mutual resolution,
counsel shall then determine which party will file the motion on the particular
evidentiary issue and which party will file the response.
Each party shall be limited to one motion in limine unless the Court grants
leave for a supplemental filing. The motion shall address difficult or unusual
evidentiary issues the party anticipates can be resolved before trial, with
each discrete evidentiary dispute separately numbered within the
motion. Each motion and response shall be limited to eight pages unless
there is a showing of good cause and the Court grants leave to extend the
page limits. All text in these filings will count against the page limits, except
for the attorney or party signature blocks and the certificate of service. No
reply brief in support of a motion in limine will be permitted.
E. Trial Preparation Conference
The Trial Preparation Conference will typically be held approximately
twenty-eight days before trial. Counsel who will try the case must attend.
Seven days before the Trial Preparation Conference, the parties shall file
in CM/ECF their proposed voir dire questions.
If parties want to use a jury questionnaire, they must raise the issue at the
Trial Preparation Conference.
If counsel needs additional time for voir dire, opening statements, closing
arguments, and evidence presentation than what is designated in Sections
III(K), (N), and (O), counsel must address the issue with the Court during
the Trial Preparation Conference.
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F. Jury Instructions and Verdict Form
Clear and concise jury instructions and verdict forms are imperative. While
the Court encourages the use of stock and model instructions, counsel
should review those instructions and the verdict form with the average
layperson in mind and modify language that is overly complicated so that
the jury instructions and verdict form are understandable to laypersons.
Where possible, jury instructions and verdict forms will be finalized before
the trial begins. This will allow counsel to refer to the instructions in opening
statements and throughout the presentation of evidence. In addition, the
Court may utilize the jury instructions in advising the jury before the trial
begins. Of course, the jury instructions will be revisited at the close of
evidence and the Court will hold a charging conference to ensure that
counsel has the opportunity to offer additional or alternative instructions
based on the evidence.
1. The Court requires preparation and submission of instructions
twenty-one days before the Trial Preparation Conference, so
counsel and the Court can devote the time necessary for this crucial
task before other trial preparation demands become overwhelming.
2. The parties shall meet and confer to stipulate to the verdict form, as
many proposed jury instructions as possible, and a joint statement of
the case. Only true conflict or uncertainty in binding substantive law
should prevent agreement. It is Plaintiff’s counsel’s responsibility
(but if Plaintiff is pro se, it shall be Defendant’s counsel’s
responsibility) to submit stipulated jury instructions (and, if
applicable, a stipulated verdict form) directly to Chambers in editable
(Word) format via email (
[email protected])
with a copy to opposing counsel/party, at least twenty-one days
before the Trial Preparation Conference. Similarly, competing and
non-stipulated instructions should also be submitted to Chambers via
email by the party proffering such instructions at least twenty-one
days before the Trial Preparation Conference. Instructions shall
NOT be filed via CM/ECF. The Court will consider only those jury
instructions and verdict forms tendered using the procedures
described here.
3. The Court generally follows the most current editions of the form
instructions provided in Federal Jury Practice and Instructions (for
federal claims and introductory instructions) and the Colorado Jury
Instructions – Civil (for state claims). However, the Court encourages
counsel to carefully read and tailor any form instruction to the facts
and circumstances of the particular case as well as to edit such
instructions to use plain language.
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Categories of Jury Instructions: The Court contemplates three
categories of jury instructions, as described below. In order to assist
the Court in distinguishing among the different instructions, at the
bottom of each instruction (immediately preceding the legal
authority), the instruction should be identified as “Stipulated,”
“Competing,” or “Non-Stipulated,” and, in the case of competing or
non-stipulated instructions, should also identify the party tendering
the instruction (e.g., “Plaintiff’s Competing Instruction,” “Defendant’s
Non-Stipulated Instruction.”)
a. Stipulated Instructions: Stipulated instructions are those
instructions about which the parties agree after conferral.
There should be no duplication of stipulated instructions (or
verdict forms); i.e., if the parties stipulate to a particular instruction
or a verdict form, then that instruction or form should be submitted
as stipulated only, and no similar instruction or form should appear
in any party’s competing or non-stipulated instructions.
b. Competing Instructions: Competing instructions are those
instructions about which all parties agree that an instruction is
necessary but disagree about the content of that instruction.
c. Non-Stipulated Instructions: Non-stipulated instructions are
those instructions requested by a party (or parties) to which
any other party objects, but does not request/tender a
competing instruction.
Each proposed competing or non-stipulated instruction should
contain, at the bottom of the instruction, one paragraph of argument
from each side, including citations to legal authority, explaining why
the instruction is tendered or opposed.
4. Format of Proposed Jury Instructions
a. Proposed instructions should NOT be numbered. Each
proposed instruction should contain a title, which shall be
centered in bold.
b. If the parties edit a form, model, or pattern instruction, the
parties shall either redline/track such changes or specifically
describe them at the bottom of the instruction.
c. Proposed instructions should be submitted with “hard page
breaks” (not the use of “hard returns”) between each
instruction.
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d. Stylistic conventions. When referring to this Court in the body
of the instructions, always capitalize the word “Court.”
Additionally, do not use articles when referring to the parties,
but do capitalize the parties’ names or designation. Thus, the
preferred format is: “Plaintiff Smith” or “Mr./Ms./Mx. Doe” or
“XYZ Corp.” rather than “the Plaintiff/Defendant.” Please be
mindful of a party’s preferred pronouns. Please proofread
submissions carefully.
5. Verdict Form: As with jury instructions, the Court urges counsel to
confer and to craft a stipulated verdict form that is understandable to
lay persons. In all but the most complex cases, the Court prefers a
general verdict form. The verdict form shall not be filed via CM/ECF; it
should be submitted pursuant to the same deadlines and method provided
in subsection F(2).
6. Charging Conference: The Court will examine the jury instructions
and verdict form again when it holds the charging conference before
the case goes to the jury. The parties will have another opportunity
to request changes or additions to the proposed instructions and
verdict forms and to state their objections on the record.
7. Final Instructions and Verdict Form: Court staff will prepare a final,
clean set of instructions and the verdict form for the jury.
G. Exhibits
1. Format: Parties must use the exhibit list available on the District
Court website at http://www.cod.uscourts.gov/JudicialOfficers/
ActiveArticleIIIJudges/HonGordonPGallagher.aspx. Parties must
pre-mark all exhibits that will be used or identified for the record in
trial.
2. The parties shall submit a single, joint list of exhibits listed
numerically and consecutively using the exhibit list form. Parties shall
file their final joint exhibit list via CM/ECF no later than seven days
before the Trial Preparation Conference.
3. Exhibits Preparation
a. All parties are to use numerical exhibit labels. This generally
is most efficient if the Plaintiff estimates the number of exhibits
it might need (e.g., estimate 100 exhibits and use numbers 1-
100; the next party can then use exhibit numbers 101-200).
Overestimate as appropriate so that no duplication of
numbers occurs. The Court is not concerned if there is a gap
in numbers, (e.g., no one uses numbers 120-130).
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b. The parties must pre-mark all exhibits that will be used or
identified for the record. Exhibits not timely pre-marked before
a hearing or trial may not be admitted.
c. The case number shall appear on each exhibit sticker or label.
If exhibits are not bound and labeled properly, the trial may be
delayed or continued until they are.
d. There is no need for duplicate exhibits or for a party to seek
to admit exhibits offered by another party and admitted by the
Court or by stipulation.
e. The parties shall confer and attempt to stipulate to the
admissibility of any exhibits.
f. No oversized exhibits are to be used unless requested by prior
motion and approved by the Court.
g. If a particular exhibit has more than two (2) pages and is not
otherwise paginated internally, pages within the exhibit shall
be numbered sequentially.
4. One USB flash drive and three exhibit notebooks, one containing
the original exhibits and two containing copies of the exhibits for the
Court, shall be delivered to Chambers at the courthouse where the
trial will occur by 9:00 a.m. at least two business days before
commencement of trial. The following information should appear on
the cover of each notebook: (i) caption, (ii) nature of the proceeding,
(iii) scheduled date and time, and (iv) “original” or “copy.”
a. Parties shall contact Chambers via email prior to delivery of
exhibits and shall deliver the exhibits as directed by Chambers
per the designated deadline. Generally, parties shall deliver
exhibits to the Court address associated with the location
where the trial or hearing will be held (e.g., for a Denver trial,
the parties would deliver the exhibits notebooks and USB
flash drive to the Court representative in Denver).
b. The Courtroom Deputy will place the original exhibit
notebook(s) in the witness box. Thus, when asking a witness
to look at an exhibit, the party may simply say, “Please look at
Exhibit No. in the notebook in front of you,” and the witness
will be able to refer to the exhibit in the original exhibit
notebook.
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H. Witness Lists
1. Format: Parties must use the form of witness list available through
the District Court website at http://www.cod.uscourts.gov/Judicial
Officers/ActiveArticleIIIJudges/HonGordonPGallagher.aspx.
2. When to File: Each party shall submit a list of its proposed witnesses
as set forth below:
a. Parties shall file their witness lists via CM/ECF no later than
seven days before the Trial Preparation Conference.
b. Two days after witness lists are filed, the parties shall file
estimates of the time required for their cross-examination of
the opposing party’s witnesses.
3. On the morning of the commencement of trial, each party shall
provide the Courtroom Deputy with four paper copies of a final list
of its witnesses, which includes an estimate of the time anticipated
for each witness’s direct and cross-examination. One copy will be
made available to the Court Reporter to assist in the transcription of
Court proceedings, so please be sure that names are spelled
correctly.
4. Parties are encouraged to discuss calling witnesses common to both
parties a single time.
I. Depositions
1. Together with Fed. R. Civ. P. 32, this Standing Order governs the
use of both regular and videotape depositions in Court proceedings.
2. At the beginning of trial, a party shall deliver to the Courtroom Deputy
the sealed, original transcripts of all depositions the party intends to
use, whether for impeachment or otherwise.
3. If the parties intend to offer deposition testimony in lieu of a live
witness at trial:
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a. Not later than thirty days prior to trial, counsel shall exchange
with each other their designation of anticipated deposition and
videotaped deposition testimony. Plaintiff’s designations shall
be highlighted in yellow; Defendant’s designations highlighted
in blue; and any other party’s in green. Subsequent to the
original exchange, and not later than twenty-one days prior
to trial, counsel shall notify opposing counsel of any counter-
designated deposition testimony, exchange objections to all
designated testimony, and make a good-faith attempt to
resolve such objections.
b. Not later than fourteen days prior to trial, the parties shall
submit directly to Chambers the transcript of the designated
deposition testimony, highlighted as set forth above, along
with the objections thereto highlighted in red, with a notation
as to the basis for the objection and a response to such
objection.
c. The Court will attempt to resolve disputes regarding the
admissibility of properly designated deposition testimony prior
to trial. However, if the Court does not rule on the admissibility
of deposition testimony before trial, as with all other live
testimony, objections shall be raised at the time the deposition
testimony is presented.
d. To accommodate evidentiary objections to deposition
testimony presented by video, the proponent must have the
technical ability to “mute” excluded responses and efficiently
“fast forward” to the next segment of testimony.
4. For jury trials, if evidence will be presented through a written
deposition transcript, the proponent shall supply a person to read
from a written deposition transcript.
5. For bench trials, depositions will usually not be read in open court.
Instead, the Court will read them in Chambers in any sequence
requested. At the beginning of the trial, the offering party shall
provide the Courtroom Deputy with two copies of the relevant
deposition transcript marked as an exhibit with Plaintiff’s designated
portions highlighted in yellow, Defendant’s in blue, and any other
party’s in green. If there is any dispute or objection concerning such
testimony, see subsection 3 above.
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J. Glossary
1. Not later than five business days before trial, the parties shall email
to Chambers a Glossary of any difficult, unusual, scientific, or
technical words, names, terms, or phrases, along with the spellings
of witnesses’ names, names of persons or entities that will be
frequently referenced, and acronyms or abbreviations that may be
used in testimony or argument.
2. The parties shall submit to the Courtroom Deputy three paper
copies of the Glossary and provide a copy of the Glossary to
opposing counsel and any pro se party on the day of trial.
K. Jury Trials
1. The parties shall be present on the first day of trial at 8:00 a.m. Jury
selection will begin at 8:30 a.m. The trial day will have morning and
afternoon recesses of approximately fifteen minutes in duration. A
lunch break of approximately one hour will be taken at approximately
12:00 p.m.
2. The jury in civil cases will normally consist of nine jurors. Pursuant to
Fed. R. Civ. P. 47(b) and 28 U.S.C. § 1870, each side shall have
three peremptory challenges.
3. Voir Dire: After potential jurors are seated in the courtroom, the
Court will give them a brief statement of the case and conduct initial
voir dire.
The parties will conduct the remainder of the voir dire examination.
Counsel will have thirty minutes per party/party group to conduct
voir dire.
4. Division of Trial Time: In all civil trials, the time available for each
party/party group to present evidence will be divided equally.
We will track the amount of time each party spends examining or
cross-examining witnesses. If a party has used substantially more
time than the opposing party and the difference in time taken is
greater the remaining anticipated time for testimony, then the party
that has used more time will not be allowed to present additional
evidence. In determining remaining time, testimony will close no
later than the last scheduled day of trial by 10:00 a.m. (final time to
be determined during trial) to allow time for reading instructions,
closings, and deliberations.
5. Jurors will be permitted to take notes during the trial.
6. The jury will be instructed before closing argument.
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7. Each juror will be given a copy of the written jury instructions for use
during deliberations.
8. The parties are not required to remain behind the lectern. It is useful,
however, for the reporter if parties use the microphone at the lectern.
Please speak slowly for the court reporter. The parties should also
remind their witnesses to speak slowly and clearly.
L. Trials To Court
1. Trials to court will begin at 8:30 a.m. on the first day of trial.
2. Not less than two business days before the Trial Preparation
Conference, counsel and any pro se party shall file proposed findings
of fact, conclusions of law, and orders. A copy shall also be emailed
to Chambers in Word format. Counsel and any pro se party are
requested to state their proposed findings of fact 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.
3. For a trial to the court, a proper resume or curriculum vitae, marked
as an exhibit, generally will suffice for the qualification of an expert
witness.
M. Trial Briefs
Trial briefs are encouraged but not required absent a specific court order. If
filed, trial briefs shall not exceed ten pages and shall be filed no later than
two business days before the Trial Preparation Conference. A trial brief
may not be used as a substitute for a motion.
N. Opening Statements
Counsel will have thirty minutes per party/party group for opening
statements. Parties are permitted to use charts, graphs, and other
demonstrative aids in opening statements using white pads, overhead
projectors, PowerPoint slides, or any other means of display. Demonstrative
exhibits should be exchanged at least three business days before trial so
that objections can be resolved before trial. The parties must promptly
notify the Court of any disputes.
O. Closing Arguments
Counsel will have sixty minutes per party/party group for closing
arguments. The parties are required to adhere to the evidence admitted
during the trial but may argue inferences from the evidence, use analogies,
or employ other tactics that would be useful for the jury.
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P. Order and Mode of Presentation by Counsel in Trial
Where a party is represented by more than one attorney, only one attorney
for that party will be permitted, per witness, to examine and/or cross-
examine said witness. Only one attorney for such party may conduct voir
dire (unless given leave of the Court to do otherwise) or give an opening
statement. If a party is entitled to two closing arguments, two attorneys may
split closing arguments between counsel.
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Table of Pretrial/Trial Deadlines
Note: This table is provided for the convenience of parties appearing before Judge
Gallagher. It does not include all the dates and deadlines listed within the Judge’s Civil
Standing Order and is not a substitute for knowledge of and familiarity with the text.
DEADLINE DAYS PRIOR GPG CIV. STANDING
ORDER REF.
Prior to Final Pretrial Conference
Contact Chambers to set Final Pretrial Conference 10 days after deadline III(A)
or 30 days after ruling
Meet and confer regarding Final Pretrial Order 14 days III(A)
Final Pretrial Order 7 days III(A)
Prior to Trial Preparation Conference
Proposed jury instructions and verdict form 21 days III(F)(1)
Motions in limine 21 days III(D)
Responses to motions in limine 14 days III(D)
Proposed voir dire questions 7 days III(E)
Joint list of exhibits 7 days III(G)(2)
Witness lists 7 days III(H)(2)(a)
Estimates for cross-examinations of opposing 5 days (or two days after III(H)(2)(b)
party’s witnesses witness lists are filed)
Proposed findings of fact, conclusions of law, and 2 business days III(L)(2)
orders (bench trials only)
Trial briefs 2 business days III(M)
Prior to Trial
Realtime, daily, or hourly proceeding transcript 30 days II(B)
request
Exchange deposition designations 30 days III(I)(3)(a)
Counter-designations and objections regarding 21 days III(I)(3)(a)
deposition designations
Transcript of designated deposition testimony and 14 days III(I)(3)(b)
objections
Questions to Courtroom Deputy regarding 14 days II(A)
courtroom technology
Glossary due (3) 5 business days via III(J) & Civ. Practice
email and 3 copies on Standard
the first day of trial 43.1A(d)(1)
Exchange demonstratives for openings 3 business days III(N)
Exhibit notebooks (3) and USB flash drive (1) 2 business days III(G)(4)(a)
Final witness list (4) First day of trial III(H)(3)
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