PRACTICE STANDARDS FOR CIVIL CASES
(Civil Cases)
Judge Daniel D. Domenico
United States District Court for the
District of Colorado
Courtroom A1002702
Chambers A1038
Alfred A. Arraj Courthouse
Chambers A738, Seventh Floor
901 19th Street.
Denver, CO 80294
Telephone: (303) 335-2468
Email:
[email protected]
Revised: December 202519
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TABLE OF CONTENTS
I. GENERAL PROCEDURES .............................................................. 1
A. Applicable Rules ......................................................................... 1
B. Communications with Chambers ............................................... 1
C. Citations ...................................................................................... 2
D. Typeface ...................................................................................... 2
E. Settlement ................................................................................... 2
II. COURTROOM PROCEDURES ........................................................ 3
A. Courtroom Operations ................................................................ 3
B. Recording of Proceedings ............................................................ 3
C. Exhibits ....................................................................................... 4
III. MOTIONS AND OBJECTIONS PRACTICE ................................... 4
A. Length Limitations ..................................................................... 4
B. Responses and Replies ................................................................ 6
C. Proposed Orders.......................................................................... 7
D. Exhibits ....................................................................................... 7
E. Emergency Motions .................................................................... 8
F. Motions to Continue Hearings and Trials ................................. 8
G. Preliminary Motions – Fed. R. Civ. P. 12 .................................. 9
H. Motions to Amend Pleadings – Fed. R. Civ. P. 15 ..................... 9
I. Motions for Summary Judgment – Fed. R. Civ. P. 56 ............. 10
J. Motions to Exclude Expert Testimony – Fed. R. Evid. 702 .... 13
K. Untimely or Noncomplying Papers .......................................... 14
IV. TRIALS ............................................................................................ 14
A. Trial Scheduling and Preparation ........................................... 14
B. Jury Trials................................................................................. 15
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I. 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 (Civil Cases) of the
United States District Court for the District of Colorado; and
e. These Practice Standards for Civil Cases.
2. Failure to comply with the foregoing rules or procedures or these
Practice Standards of this Court may result in appropriate sanctions.
B. Communications with Chambers
1. Please do not call Chambers. Instead, inquiries to Chambers
(e.g., questions about procedure or clarifications to these Practice Stand-
ards) should be made via email to Domenico_Chambers@cod.
uscourts.gov. Email messages to Chambers should identify the case
number and name in the subject line and copy all counsel of record.
Please do not call Chambers. Chambers staff cannot give legal advice or
grant informal requests not made via motion, so please do not contact
Chambers about substantive matters.
1.2. For informationquestions about filing documents electroni-
cally, please contact the ECF Help Desk at (866) 365-6381 or
(303) 335-2050, (866) 365-6381, or
[email protected].
For other case filing and docketing questions, please contact the Court’s
Case Administration Specialist at (303) 335-2074.
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C. Citations
1. Citation and formatting may be in Bluebook form or in any form
that consistently, accurately, and understandably conveys the authori-
ties necessary to support a party’s legal argument.
2. Though it is not mandatory, counsel may wish to consult the short
citation guide prepared by Judge Richard Posner of the Seventh Circuit
Court of Appeals, a copy of which is available at https://
www.law.gmu.edu/assets/files/faculty/Posner_citation_format-
ting_rules.pdf.
3.2. These Practice Standards may be cited as “DDD Civ. P.S. XX”
(e.g., “DDD Civ. P.S. III(A)(1)”).
4.3. Whenever practicable, a citation to an unpublished opinion
should include its Westlaw® citation. If an unpublished opinion is not
readily available on Westlaw® or LexisNexis®, attach it as an exhibit to
the brief or other paper.
D. Typeface
1. All papers filed with the Court mustshall be in a proportionally
spaced, serif font.
E.A. Proposed Orders
Proposed orders submitted pursuant to the Local Rules of Practice or
at the direction of the Court shall be filed via CM/ECF and emailed to
[email protected] in editable Word format. The
email message should identify the case name and number in the subject
line and refer to the underlying motion by CM/ECF number.
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G.A. Continuances of Hearings and Trials
Motions to continue (including motions to vacate or reset) hearings
and trials shall be determined pursuant to United States v. West, 828
F.2d 1468, 1469-70 (10th Cir. 1987). Oral or written motions to continue
made at the time of a hearing or trial may not be entertained by the
Court. Stipulations for continuance shall not be effective unless and un-
til approved by the Court.
I.A. Emergency Motions
Emergency motions are only those necessary to avoid imminent, ir-
reparable harm. Counsel filing an emergency motion should ensure
that: (1) the caption of the motion begins with the word “emergency”; (2)
the motion is electronically filed using the CM/ECF drop-down menu
option entitled “Emergency” on the docket text modification screen; and
(3) Chambers is notified of the motion by email at Domenico_Cham-
[email protected], with a subject line containing “Emergency Mo-
tion,” and the case name and number.
K.E. Settlement
1. If a settlement is reached, the parties must file a notice of settle-
ment that includes the anticipated time required to file dismissal papers
or other papers sufficient to resolve the matter. If a partial settlement
is reached, the parties must file a notice of the partial settlement or a
stipulation of dismissal specifyingshall promptly notify the Court and
request approval of the partial settlement or dismissal and shall specify
the claims, counterclaims, cross-claims, defenses, or parties affected by
the partial settlement.
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1. beforeIf a settlement is reached on the eve of a hearing or trial,
please also promptly advise Chambers via email copying all counsel of
recordpromptly, with a subject line containing “Settlement,” and the
case number and name and number. No deadline, hearing, or trial is
vacated or continued unless and until the Court issues an order. If coun-
sel are unable to file dismissal papers or other papers sufficient to re-
solve the matter before the hearing or trial, the Court may in its discre-
tion require the parties to appear at the scheduled hearing or trial to
place the settlement on the record. RegardingIf a settlement is reached
after noon on the last business day before a jury trials, jury costs may
be assessed in accordance with Local Civil Rule 54.2 if a matter is re-
solved after noon on the last business day before trial. If a matter is
resolved the weekend before trial, please file a notice via CM/ECF as
soon as possible.
2. Settlement discussions are encouraged. However, hearings, tri-
als, and pretrial deadlines will generally not be continued or vacated to
facilitate settlement negotiations or alternative dispute resolution.
3.2. If a partial settlement is reached, the parties shall promptly
notify the Court and request approval of the partial settlement or dis-
missal and shall specify the claims, counterclaims, cross-claims, de-
fenses, or parties affected by the partial settlement.
4.3. The Court generally will not retain jurisdiction (including
through open-ended administrative closure) over cases that have been
settled. The proper mechanism for enforcing a settlement agreement is,
in almost all cases, through a new action. Any motion or stipulation for
dismissal requesting that the Court retain jurisdiction after dismissal
mustshall explain in detail the circumstances necessitating such an ap-
proach.
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II. COURTROOM PROCEDURES
A. Courtroom Operations
1. For information regarding the courtroom, including instructions
on how to proceed by telephone conference or video teleconferencetele-
phonic connection, courtroom equipment and technology, courtroom pro-
tocol, trial preparation and submission of trial exhibits, and the use of
exhibits and deposition transcripts at hearings or trial, the submission
of trial exhibits and witness lists, and the use of exhibits at trial, please
contact the Courtroom Deputy, Patricia GloverRobb Keech, at Robb
[email protected](303) 335-2185.
B. Recording of Proceedings
1. The realtime reporter assigned to the Court is Tracy Weir at
(303) 335-2358. Transcripts of proceedings may be ordered from Ms.
Weir. To order transcripts of proceedings, please contact the Court Re-
porter, Tamara Hoffschildt, at
[email protected]. Re-
quests for real-time, daily, or hourly copy must be made at least
30thirty days before the trial or hearing. For further details, contact
Ms. Weir.
2. Not later than five business days before any hearing, trial, or
other proceeding, counsel and any pro se party mustshall file and pro-
vide the Court, the court reporter, courtroom deputy clerk, opposing
counsel, and any pro se party with a glossary of any difficult, unusual,
scientific, or technical words, names, places, terms, or phrases.
C. Exhibits
1. Each party must pre-mark all exhibits that will be used or iden-
tified for the record in a hearing or trial. The case number shall appear
on each exhibit sticker or label.
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1. Counsel mustshall confer and agree from the commencement of
discovery on a numbering system that will avoid confusion and duplica-
tion, and that will allow the same exhibit number to be used for each
exhibit for deposition and trial purposes (e.g., the employment contract
at issue would be the same exhibit with the same number for all deposi-
tions and at trial). All exhibits should be identified by number only (e.g.,
“Exhibit 1,” not “Plaintiff’s Exhibit 1”). Counsel shall confer and agree
from the commencement of discovery on a numbering system that will
avoid confusion and duplication, and that will allow the same exhibit
number to be used for each exhibit for deposition and trial purposes (e.g.,
the employment contract at issue would be the same exhibit with the
same number for all depositions and at trial). Numbers for trial exhibits
need not be consecutive.
2. Each party must pre-mark all exhibits that will be used or iden-
tified for the record atin a hearing or trial. The case number mustshall
appear on each exhibit sticker or label.
III. MOTIONS AND OBJECTIONS PRACTICE
A. Length Limitations
1. Excluding motions filed under Federal Rule of Civil Procedure 56
or 65(a) or (b) and papers filed in AP Cases (see Local AP R. 1.1(c)), all
motions, objections (including objections to the recommendations or or-
ders of United States Magistrate Judges), responses, and briefs must-
shall not exceed 4,000 words. Reply briefs mustshall not ex-
ceed 2,700 words. If a party elects to file more than one preliminary
motion under Rule 12(b) motion, the motions and response briefs must-
shall not exceed 4,000 words total for all such motions/briefs (not each
such motion/brief) filed by each party; reply briefs must not ex-
ceed 2,700 words total.
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2. Motions for summary judgment or partial summary judgment,
motions for preliminary injunction or temporary restraining order, and
related response briefs mustshall not exceed 5,500 words. Reply briefs
mustshall not exceed 2,700 words. If a party elects to file more than
one Rule 56 motion, the motions and response briefs mustshall not ex-
ceed 5,500 words total for all such motions/briefs (not each such mo-
tion/brief) filed by each party; reply briefs must not ex-
ceed 2,700 words total.
3. In social-security appeals, the length limitations of paragraph (1)
above apply to motions, and the length limitations of Local AP
Rule 16.1(c)(2) apply to appellate briefs. In bankruptcy appeals, the
length limitations of Federal Rule of Bankruptcy Procedure 8013(f) ap-
ply to motions, and the length limitations of Rule 8015(a)(7) apply to
appellate briefs. In appeals of agency action under 5 U.S.C. §§ 701-706,
the length limitations of paragraph (1) above apply to motions, and the
length limitations of paragraph (2) above apply to appellate briefs.
3.4. These lengthtype-volume limitations shall include footnotes,
but shall exclude the case caption, any table of contents or table of au-
thorities, signature block, certificate of service, and certificate of compli-
ance with the applicable lengthtype-volume limitations. Motions and
opening briefs mustshall be combined in a single document and willshall
be considered one paper for purposes of the applicable lengthtype-vol-
ume limitations.
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4.5. All motions, objections, responses, and briefsEach pleading
must contain a separate statement, immediately after the signature
block, certifying that the paperpleading complies with the applicable
lengthtype-volume limitations set forth in these Practice Standards
(e.g., “I hereby certify that the foregoing paperpleading complies with
the lengthtype-volume limitation set forth in DDD Civ. P.S.Judge Do-
menico’s Practice Standard III(A)(1).”).
5.6. A party may file a motion to exceed the applicable lengthword
limitation explaining the reasons why additional length iswords are nec-
essary. Any such motion mustshall be filed no later than three busi-
ness days before the date the motion, response, reply, or other paper is
due.
6.7. For any party who does not have access to a word-processing
system with a word-count function, typewritten or legibly handwritten
paperspleadings are subject to page limitations instead of the word lim-
its of paragraphs (1) and (2) above. The following equivalents should be
used:
a. 2,700 words = 10 pages;
b. 4,000 words = 15 pages; and
c. 5,500 words = 20 pages.
B.A. Untimely or Noncomplying Motions, Objections,
Responses, or Replies
3.1. Pleadings that are untimely, noncomplying, or filed without a
certification when required under Local Civil Rule 7.1(a) or these Prac-
tice Standards may be denied without prejudice or stricken sua sponte.
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D.B. Responses and Replies
1. A response mustshall clearly and completely identify by title,
andcourt CM/ECF docket number, and date filed, the antecedent mo-
tion, objection, or other paper or petition to which the response is made.
Similarly, a reply mustshall clearly and completely identify by title, and-
court CM/ECF docket number, and date filed, the antecedent paper the
reply supports and the antecedent response to which the reply is made.
No sur-reply or supplemental brief is permitted without leave of Court.
2. A party may respond to another party’s objections to a magistrate
judge’s recommended disposition of a dispositive pretrial matter as pro-
vided by Federal Rule of Civil Procedure 72(b)(2). A party may respond
to another party’s objections to a magistrate judge’s order on a nondis-
positive pretrial matter within fourteen days after being served with a
copy of the objections. No reply is permitted without leave of Court.
1.3. A notice of supplemental authority may be filed if new rele-
vant authority is issued after briefing closed on a motion, objection, or
other pending issue. Such a notice must be limited to (a) a citation to the
new authority including the date of issuance, and (b) a single-sentence
reference to the issue to which the filing party believes the new author-
ity pertains (including a citation to the location(s) in previously filed
briefing where the issue was raised). If the new authority is not readily
available on Westlaw® or LexisNexis®, attach it as an exhibit to the
notice. No comment, briefing, or response as to the significance or inter-
pretation of the new authority is permitted without leave of Court. No
notice of supplemental authority regarding any authority that issued
before the close of briefing may be filed without leave of Court.
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C. Proposed Orders
1. Proposed orders submitted pursuant to the Local Rules of Prac-
tice or at the direction of the Court mustshall be filed via CM/ECF and
emailed to
[email protected] in editable Word for-
mat, copying all counsel of record. The subject line of the email message
should identify the case number and name and number in the subject
line and refer to the CM/ECF docket number of the underlying motion
by CM/ECF number.
D. Exhibits
1. Exhibits to motions, objections, responses, and briefs must be la-
beled in the CM/ECF system both by exhibit number and by name (e.g.,
“Exhibit 1 - Smith Affidavit”).
2. Copies of documents attached as exhibits to a motion, objection,
or other opening brief should not be attached as exhibits to the response,
and copies of documents attached as exhibits to a response should not
be attached as exhibits to a reply. Any additional exhibit should be at-
tached to the corresponding response or reply and consecutively num-
bered.
3. Voluminous exhibits are discouraged. Parties should limit exhib-
its to essential portions of documents.
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E. Emergency Motions
1. Emergency motions are only those necessary to avoid imminent,
irreparable harm. Counsel filing an emergency motion should ensure
that: (1) the caption of the motion begins with the word “eEmergency”;
(2) the motion is electronically filed using the CM/ECF drop-down menu
option entitled “Emergency” on the docket- text modification screen; and
(3) Chambers is notified of the motion by email atto Domenico_Cham-
[email protected] and copying all counsel of record, with a subject
line containing “Emergency Motion,” and the case number and name,
and the CM/ECF docket number of the motion.
F. Continuances of Motions to Continue Hearings and Trials
1. Motions to continue (including motions to vacate or reset) hear-
ings and trials willshall be determined pursuant to Rogers v. Andrus
Transportation Services, 502 F.3d 1147 (10th Cir. 2007) and United
States v. West, 828 F.2d 1468, 1469-70 (10th Cir. 1987). Oral or written
motions to continue made at the time of a hearing or trial may not be
entertained by the Court. Stipulated motions for continuance shallare
not be effective unless and until approved by the Court.
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E.G. Preliminary Motions to Dismiss – Fed. R. Civ. P. 12(b)
1. Rule 12(b) motions are discouraged if the defect is correctable by
the filing of an amended pleading. Except in cases where a party is pro-
ceeding pro se, counsel must confer prior to the filing of the motiona
motion under Rule 12(b), (c), (e), or (f) to discuss whether an asserted
deficiency is correctable by amendment (e.g., failure to plead fraud with
specificity) and should exercise their best efforts to stipulate to appro-
priate amendments. If the parties are unable to resolve the dispute(s),
the moving party must describe in the motion, or in a certificate at-
tached to the motion, the specific efforts taken to comply with this duty
to confer and the position of each party at the time the conferral process
broke down.
1.2. If matters outside the pleadings are submitted in support of or
opposition to a Rule 12 motion, the filing party must address the basis
for the Court to consider such matters. Rule 12(b)(6) or 12(c) motions
should not be stated in the alternative as a Rule 56 motion for summary
judgment. For Rule 12(b) motions, the following format should be used:
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. For each claim for relief that the movant seeks to have dismissed,
clearly enumerate each element that the movant contends must
be alleged, but was not.
. The respondent should utilize the same format for each chal-
lenged claim. If the respondent disputes a particular element, it
should be identified as “DISPUTED” and briefed. If the respond-
ent contends that a sufficient factual allegation has been made in
the complaint, the respondent should identify the page and para-
graph containing the required factual allegation.
. If matters outside the pleadings are submitted in support of or
opposition to a Rule 12(b) motion, the party should discuss
whether the 12(b) motion should be converted to a summary judg-
ment motion.
H. Motions to Amend Pleadings – Fed. R. Civ. P. 15
1. When a party seeks leave to amend a pleading on or before the
applicable scheduling-order deadline, the Court will freely grant leave
to amend. See Fed. R. Civ. P. 15(a)(2). Parties are discouraged from op-
posing a timely request to amend a pleading on the basis of futility of
the proposed amendment; futility arguments are better addressed
through an appropriate Rule 12 motion filed after the amended pleading
is in place.
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I. Motions for Summary Judgment – Fed. R. Civ. P. 56
1. Due the voluminous factual materials often submitted with
Rule 56 motions, all such motions must comply with the following:
a. In a section of the brief required by Local Civil Rule 56.1(a)
styled “Statement of Undisputed Material Facts,” the movant must-
shall set forth in simple, declarative sentences, separately numbered
and paragraphed, each material fact that the movant believes is not
in dispute and that supports the movant’s claim that the movant is
entitled to judgment as a matter of law.
b. Each material fact must be accompanied by a specific refer-
ence to material in the record that establishes that fact. General ref-
erences to pleadings, depositions, or documents are usually insuffi-
cient if the document is more than one page in length.
c.a. A general reference is sufficient only if the nature of the
material fact does not permit a specific reference (e.g., “The contract
contains no provision for termination.”).
2. Responses to Rule 56 motions must comply with the following:
a. Any party opposing the motion for summary judgment shall,
iIn a section of the response brief styled “Response to Statement of
Undisputed Material Facts,” the opposing party must admit or deny
each of the movant’s asserted material facts. TheEach admission or
denial mustshall be made in a separate paragraph numbered accord-
ing to the correspondingly numbered paragraph in the movant’s
“Statement of Undisputed Facts.” Any denial mustshall be accompa-
nied by a brief factual explanation of the reason(s) for the denial and
a specific reference to material in the record supporting the denial.
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b. If the party opposing the motion believes that there are addi-
tional disputed questions of factmaterial facts that have not been ad-
equately addressed in its “Response to Statement of Undisputed
Facts”the submissions made pursuant to subparagraph (d) above
(e.g., disputed facts concerning an affirmative defense), the party
mustshall, in a separate section of the brief styled “Statement of Ad-
ditional Disputed Facts,” set forth in simple, declarative sentences,
separately numbered and paragraphed and numbered continuing
from the previous list, each additional, material disputed fact that
undercuts the movant’s claim that it is entitled to judgment as a mat-
ter of law. Each such fact mustshall be accompanied by a specific ref-
erence to material in the record establishing the fact or demonstrat-
ing that it is in genuine disputed.
2.3. Any reply brief in support of a Rule 56 motion must comply
with the following:
a. In a separate section of the brief styled “Reply Concerning Un-
disputed Facts,” the movant mustshall include any factual reply it
cares to make regarding the facts asserted in its motion to be undis-
puted, supported by specific references to material in the record.
TheEach reply mustwill be made in a separate paragraphs numbered
according to the corresponding paragraph in its motion and the op-
posing party’s response.
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b. If the response brief contains a “Statement of Additional
Facts” pursuant to subparagraph (2)(b) above, the movant must, iIn
a separate section of the reply brief styled “Response to Statement of
AdditionalConcerning Disputed Facts,” (with respect to each addi-
tional fact that the opposing party asserts or, pursuant to subpara-
graph (e) above, claims to be in dispute), the movant shall either ad-
mit that the fact or that it is in genuine disputed or supply a brief
factual explanation for its position that the fact is undisputed, sup-
portedaccompanied by a specific reference to material in the record
establishing the fact is undisputed. This mustwill be done in separate
paragraphs numbered according to the corresponding paragraphs in
with the opposing party’s responseparagraph numbering.
3.4. In any admission or denial, the party must admit or deny the
factual substance of the other party’s assertion, unless doing so would
violate a recognized privilege. To this end, the following restrictions ap-
ply:
a. The opposingA party may not deny an assertion on grounds of
evidentiary admissibility or other reasons for inadmissibility (includ-
ing, irrelevance, immateriality, lack of authenticity, lack of founda-
tion, incompleteness, waiver, or estoppel). The opposingA party “may
object that the material cited to support or dispute a fact cannot be
presented in a form that would be admissible in evidenceat trial,”
Fed. R. Civ. P. 56(c)(2), and any party so objecting must include a
concise explanation of its objection, but the party must still admit or
deny the factual substance of the assertion.
b. The opposing party may not deny an assertion for lack of
knowledge, unless the party states within the body of its response a
well-grounded request for additional discovery under Federal Rule of
Civil Procedure 56(d) and attaches to the response the affidavit or
declaration required by that Rule.
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c. The opposingA party may not admit an assertion in terms
such as “admitted that John Doe claims such-and-such,” unless the
assertion itself is framed in terms of what John Doe “claims.”
d. The opposingA party may not respond that a quoted or sum-
marized document “speaks for itself,” or similar phrases. When faced
with such assertions, the opposing party must address their sub-
stance, including, for example, an admission or denial that the rele-
vant portion of the document has been quoted or summarized accu-
rately or completely.
4.5. The sole purpose of these procedures is to establish facts and
determine which of them are in genuine dispute. Legal argument is not
permitted herein the sections of the briefs submitted pursuant to sub-
paragraphs (1)-(3) above, and instead should be reserved for separate
portions of the briefs. If, for example, a party believes that an estab-
lished fact is immaterial, that belief should be expressed in the part of
the brief devoted to legal argument, and the fact should be admitted. If,
on the other hand, a party believes that the reference to material in the
record does not support the claimed fact, that fact may be denied, and
factual argument may appropriately be made pursuant to these proce-
dures.
e. See Local Civil Rule 56.1(c) regarding submission and mark-
ing of summary judgment exhibits. All summary judgment exhibits
shall be labeled in the CM/ECF system both by exhibit number or
letter and by name (e.g., “Exhibit 1 - Smith Affidavit”).
6. Failure to follow these procedures may result in an order striking
or denying the motion or brief, and it will have to be re-submitted. Re-
peated failures may result in an order granting other proper relief.
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J. Motions to Exclude Expert Testimony – Fed. R. Evid. 702
1. A party objecting to the admissibility of opinion testimony by an
expert witness mustshall file a written motion seeking its exclusion. If
a deadline for filing such motions is not set in the scheduling order, such
motions must be filed thirty days after the deadline for disclosure of
rebuttal expert witnesses. The time for filing responses and replies is-
shall be governed by Local Civil Rule 7.1(d). Failure to raise an issue
concerning a putative expert witness (whether under Federal Rule of
Evidence 401, 403, 702, and/or 704) in the time and manner set forth
herein will constitute a waiver or forfeiture of the issue.(The failure of
an opponent to file such a motion, however, does not relieve the propo-
nent of its burden to show that the proffered testimony is admissible at
trial.)
2. The motion mustshall identify with specificity each opinion the
moving party seeks to exclude. The motion mustshall also identify the
specific ground(s) on which each opinion is challenged, e.g., relevan-
cyqualifications, helpfulness, sufficiency of facts andor data, reliability
of methodology or its application. See Fed. R. Evid. 702.
3. If the opinion(s) wasere disclosed in a written expert report pur-
suant to Federal Rule of Civil Procedure 26(a)(2)(B), a complete copy of
the report mustshall be attached as an exhibit to the motion.
4.3. If a deadline for filing such motions is not set in the scheduling
order, such motions must be filed thirty days after the deadline for dis-
closure of rebuttal expert witnesses. The time for filing responses and
replies shall be governed by Local Civil Rule 7.1(d).
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K. Untimely or Noncomplying PapersMotions, Objections,
Responses, or Replies
1. PleadingsMotions, objections, responses, replies, briefs, or other
papers that are untimely, noncomplying, or filed without a certification
when required under Local Civil Rule 7.1(a) or these Practice Standards
may be denied without prejudice or stricken sua sponte.
IV. TRIALS
A. Trial Scheduling and PreparationFinal Pretrial
Conference/Trial Preparation Conference
1. The Court generally will generally contact the parties to set a trial
date and Final Pretrial Conference/Trial Preparation Conference date(s)
after the dispositive- motions deadline has passed and the Court has
issued rulings on all pendingsuch motions. If there are no pending mo-
tions and the Court has not contacted the parties or issued an order re-
garding trial scheduling within one month after the dispositive-motions
deadline has passed, counsel and pro se parties may email Chambers at
[email protected] and politely inquire regarding
trial scheduling. Such email messages should identify the case number
and name in the subject line and copy all counsel of record.
2. In most cases, the Court will combineset the Federal Rule of Civil
Procedure 16(e) Final Pretrial Conference with a Trial Preparation Con-
ference, held approximately three to four weeks before trial and a sepa-
rate Trial Preparation Conference the week before trial. Counsel who
will try the case must attend both conferences.
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2.3. Once a trial date and Final Pretrial Conference/Trial Prepara-
tion Conference date(s) have been set, tThe Court will issue a trial prep-
arationn order specifying the pretrial tasks to be completed (e.g., pro-
posed Final Pretrial Order, motions in limine, proposed jury instruc-
tions, etc.) and the deadlines for those tasks.
B. Jury Trials
1. The jury in civil cases will normally consist of nine jurors. Pursu-
ant to Federal Rule of Civil Procedure 47(b) and 28 U.S.C. § 1870, each
side shall have three peremptory challenges.
2.1. Challenges pursuant to Batson v. Kentucky, 476 U.S. 79
(1986), mustshall be made and considered after peremptory challenges
haveare concluded and before the jury is sworn. A party that wants to
preserve a Batson challenge should request that the Court not to release
any jurors subject to the challenge.
3.2. Jurors will be permitted to take notes during the trial.
4.3. The jury will be instructed before closing argument, and eEach
juror will be given a copy of the written jury instructions for use during
deliberations.
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