PRACTICE STANDARDS
(Civil cases)
CHIEF JUDGE PHILIP A. BRIMMER
UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO
Courtroom A701
Alfred A. Arraj United States Courthouse
Chambers A741, Seventh Floor
Alfred A. Arraj United States Courthouse
901 19th Street
Denver, CO 80294
Telephone: (303) 335-2794
E-mail:
[email protected]
Effective: December 1, 2025
TABLE OF CONTENTS
I. GENERAL PROCEDURES ..................................................................1
A. Applicable Rules .....................................................................1
B. Access to Local Rules and Practice Standards ........................1
C. Communications with Chambers ..............................................1
D. Proposed orders .......................................................................2
E. Discovery ..................................................................................2
F. Motions to Continue ..................................................................2
G. Motions for Extensions of Time ................................................2
H. Settlement ................................................................................3
II. COURTROOM PROCEDURES ...........................................................4
A. Courtroom Protocol ...................................................................4
B. Recording of Proceedings.........................................................4
C. Exhibits .....................................................................................4
D. Witness Lists ............................................................................6
E. Depositions ...............................................................................6
F. Videotaped Depositions ............................................................7
G. Special Equipment (Audio/Video) .............................................8
III. MOTIONS PRACTICE ........................................................................8
A. Page Limitations ......................................................................8
B. Responses and Replies ............................................................8
C. Untimely Or Noncomplying Motions, Objections,
Responses, or Replies ..........................................................9
D. Unopposed Motions ................................................................9
E. Motions In Limine ......................................................................9
F. Dispositive Motions ...................................................................9
Motions to Dismiss ............................................................10
Motions for Summary Judgment ........................................10
G. Motions to Exclude Opinion Testimony ..................................14
H. Motions to File a Surreply ………………………………………..14
IV. TRIALS.............................................................................................15
A. Final Pretrial Conference ........................................................15
B. Trial Settings ...........................................................................15
C. Length of Trial .........................................................................15
D. Motions in Limine ....................................................................15
E. Trial Preparation Conference ................................................15
1. Jury Instructions and Verdict Forms .............................16
2. Exhibit and Witness Lists ..............................................16
3. Voir Dire........................................................................16
F. Jury Trials ...............................................................................17
G. Trials To Court ........................................................................17
H. Trial Briefs ..............................................................................18
I. GENERAL PROCEDURES
A. Applicable Rules
Those appearing in the District Court must know and follow:
1. The Federal Rules of Civil Procedure;
2. The Federal Rules of Evidence;
3. The Local Rules of Practice of the United States District Court for
the District of Colorado;
4. The Electronic Case Filing Procedures (Civil Version 6.1 or the
most current version); and
5. These Practice Standards.
B. Access to Local Rules and Practice Standards
1. Copies of the local rules are available at
http://www.cod.uscourts.gov/LocalRules/Rules.aspx, from the District Court=s
home page http://www.cod.uscourts.gov/Home.aspx under ALocal Rules,@ and
from the clerk of the court in Room A105.
2. Copies of these Practice Standards are available at
http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/
HonPhilipABrimmer.aspx, from the District Court=s home page
http://www.cod.uscourts.gov/Home.aspx under AJudicial Officers,@ and from the
clerk of the court in Room A105.
C. Communications with Chambers
1. My judicial assistant is Sarah Mahoney, 303-335-2794.
2. For information about the status of a motion or document, please
contact the case administration specialist, 303-335-2113.
3. For information about courtroom technology, trial preparation, or
submission of trial exhibits, please contact my courtroom deputy clerk, Sabrina
Grimm, 303-335-2039.
4. My court reporter is Janet Coppock, 303-335-2106.
5. Please do not contact the law clerks about procedural or scheduling
matters.
D. Proposed orders
On occasion, chambers staff may direct a party to transmit proposed
orders by electronic mail to
[email protected]. If so, the
proposed order or document should be submitted as an attachment in Word
format. The e-mail message should identify the case number and the document
attached. Do not send documents directly to chambers by electronic mail
unless asked to do so.
E. Discovery
Discovery deadlines and limitations will be set by the assigned magistrate
judge. The presumptive discovery period is six months.
F. Motions to Continue
Motions to continue (including motions to vacate or reset) hearings and
trials will be determined pursuant to D.C.COLO.LCivR 6.1 and 7.1 and United
States v. West, 828 F.2d 1468, 1469-70 (10th Cir. 1987). Oral or written
motions to continue should not be made at the time of a hearing or trial.
Stipulations for continuance are not effective unless and until approved by the
court. When a motion to continue is granted, all parties will be notified as soon
as practicable.
G. Motions for Extensions of Time
1. Motions for extension of time require a showing of good cause, which
must be established with particularity. The following reasons do not constitute
good cause: agreement of counsel, inconvenience to counsel or to the parties;
the press of business; conflicts in scheduling; or practice as a sole practitioner.
2. Any motion for extension of time shall be filed no later than
three business days before the date the motion, response, reply, or other
paper is due.
3. This practice standard is subject to D.C.COLO.LCivR 6.1(a), which
governs extension by stipulation.
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H. Settlement
1. Jury Trials B If a settlement is reached before a hearing or trial,
please advise my judicial assistant, Sarah Mahoney, 303-335-2794, as soon as
possible. If a matter is resolved during the weekend before trial, please file a
notice via CM-ECF as soon as possible. However, no deadline, hearing or trial
will be vacated except upon the filing of papers sufficient to resolve the matter
and the issuance of an order. If counsel are unable to file the appropriate
documents before the hearing or trial, counsel shall appear at the scheduled
hearing or trial to memorialize the settlement on the record. Please be aware
that jury costs may be assessed in accordance with D.C.COLO.LCivR 54.2 if a
matter is resolved after noon on the last business day before trial.
2. Bench Trials and Hearings B If a settlement of a contested motion
or case to be tried to the court is reached before the hearing or trial, please
advise my judicial assistant, Sarah Mahoney, 303-335-2794, as soon as
possible. A motion hearing or bench trial will be vacated only if pleadings
sufficient to resolve the matter (e.g., motion, stipulation, and proposed order) are
filed no later than noon on the last business day before the scheduled
hearing or trial. If counsel and any pro se party are unable to file the
appropriate documents by this deadline, counsel and any pro se party shall
appear as scheduled to recite the settlement terms on the record. If a matter is
resolved during the weekend before trial, please file a notice via CM-ECF as
soon as possible.
3. Settlement discussions are encouraged; however, hearings, trials, and
pretrial deadlines will not be continued or vacated to facilitate settlement
negotiations or alternative dispute resolution.
4. Partial Case Settlement/Dismissal B Parties shall comply with Fed. R.
Civ. P. 41(a)(1)(A) for filing stipulated dismissals. Rule 41 permits the dismissal
of fewer than all parties so long as all claims against a particular party are
dismissed. However, if a plaintiff seeks to dismiss some, but not all claims,
against a defendant, the proper procedure is for plaintiff to amend the complaint
pursuant to Fed. R. Civ. P. 15.
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5. Except in extraordinary circumstances, the court will not retain
jurisdiction (including through open-ended administrative closure) over cases that
have been settled. The proper mechanism for enforcing a settlement is, in
almost all cases, through a new action. Any motion or stipulation for dismissal
requesting that the court retain jurisdiction after dismissal shall explain in detail
the extraordinary circumstances necessitating such an approach.
II. COURTROOM PROCEDURES
A. Courtroom Protocol
1. Please observe traditional courtroom decorum: stand when
addressing the court, address the court as AYour Honor,@ and request permission
to approach the bench. It will not normally be necessary for counsel to
approach a witness on the stand. The courtroom deputy, upon request of
counsel, will hand an exhibit to the witness.
2. If you have a question about courtroom protocol, please contact my
courtroom deputy clerk, Sabrina Grimm, 303-335-2039.
B. Recording of Proceedings
1. The official record of all trials and proceedings will be taken either by a
realtime reporter or by electronic sound recording (audiotape). Prior to the
beginning of any proceeding, please provide the court reporter with your name
and email address.
2. The realtime reporter assigned to the court is Janet Coppock, 303-
335-2106. Transcripts of proceedings may be ordered from Ms. Coppock.
Requests for realtime, daily, or hourly copy must be made at least thirty days
before the trial or hearing. Further details can be obtained from Ms. Coppock.
C. Exhibits
1. When providing the court with conventionally submitted materials and
when submitting exhibits electronically, the parties shall submit a USB drive
containing the exhibits and/or videos.
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2. When to File B For motion hearings, exhibit lists shall be filed via CM-
ECF two business days before the hearing. For trials, see Section IV.E.
concerning the Trial Preparation Conference.
3. Format of Exhibit List B Parties must use the form of exhibit list
available on the District Court website at
http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/
HonPhilipABrimmer.aspx.
4. Each party must pre-mark all exhibits that will be used or identified for
the record in a hearing or trial. Each party must provide a copy of each exhibit
to opposing counsel or any pro se party before a hearing or trial. For trials, see
Section IV.E.2. Exhibits not timely pre-marked or exchanged before a hearing
or trial may not be admitted. For trial exhibit lists, please add at least ten
additional blank rows at the end of the exhibit list to accommodate any additional
exhibits that may be introduced.
5. Exhibit labels can be obtained from the clerk=s office before trial.
Plaintiff=s exhibits should be marked with yellow labels, using numbers.
Defendant=s exhibits should be marked with blue labels, using alphabetical letters
for the first twenty-six exhibits. For example, if there are twenty-six or fewer
exhibits, label them A through Z. If there are more than twenty-six exhibits,
begin marking them as A-1 through A-99, then B-1 through B-99, etc. (i.e. do not
use labels A through Z). Do not use double or triple letters. The civil action
number should also be placed on each of the exhibit stickers.
6. 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) Aoriginal@ or Acopy.@
If exhibits are not bound and labeled properly, the hearing or trial may be delayed
or continued until they are. If a party has fewer than five exhibits, the exhibits
need not be bound.
7. Number of Sets of Exhibits B For hearings and trials, each party
should bring separate sets of bound exhibits for (a) the court, (b) the courtroom
deputy clerk, (c) the court reporter, (d) the judge=s law clerk, (e) opposing
counsel, and (f) the witness stand.
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8. Stipulated Facts B Any stipulations of fact should be formatted as a
pleading and marked as an exhibit.
D. Witness Lists
1. When to File B For motions hearings other than Rule 702 hearings,
witness lists shall be filed via CM-ECF two business days before the hearing.
For Rule 702 hearings, see Section III.G. For trials, see Section IV.E.
concerning the Trial Preparation Conference.
2. Format B Parties should use the form of witness list available on the
District Court website at
http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/
HonPhilipABrimmer.aspx.
E. 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 filed no later than
60 days before trial, and counter designations shall be filed no later than 45 days
before trial.
4. Objections shall be filed no later than 14 days after any properly
designated portion of a deposition is filed. 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) of an
accompanying transcript); 3) objection; and 4) ruling. The objection shall attach
the relevant portion of the deposition transcript with the testimony at issue
highlighted and sufficient context to allow the court to decide the objection.
Objections may be resolved before trial to facilitate appropriate redaction.
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Item # Testimony Objection Ruling
1.
5. For jury trials, parties must provide a person to read the deposition
answers.
6. For bench trials, depositions will usually 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 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.
F. Videotaped Depositions
1. Together with Fed. R. Civ. P. 32, this practice standard governs the
use of videotaped depositions in court proceedings.
2. Evidence to be presented by videotaped deposition shall be
designated with as much specificity as practicable, e.g., by time stamp or counter
reading.
3. Initial designations shall be filed no later than 60 days before trial, and
counter designations shall be filed no later than 45 days before trial.
4. Objections shall be filed no later than 14 days after any properly
designated portion of a videotaped deposition is filed. 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) of an
accompanying transcript and by hour and minute of the tape); 3) objection; and
4) ruling. Objections may be resolved before trial to facilitate appropriate
redaction.
Item # Testimony Objection Ruling
1.
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G. Special Equipment (Audio/Video)
The court has audio-visual and other special equipment that may be used
by the parties. A listing of available equipment can be found on the District
Court=s website at
http://www.cod.uscourts.gov/AttorneyInformation/GeneralAttorneyInformation.asp
x, under ACourtroom Technology Manuals for Attorneys.@ Notify the courtroom
deputy clerk, Sabrina Grimm, 303-335-2039, no later than fourteen days before
a hearing or trial concerning the date and time you need such equipment or need
your own equipment to be brought through security for use in the courtroom.
III. MOTIONS PRACTICE
A. Page Limitations
All motions, objections (including objections to the recommendations or
orders of United States Magistrate Judges), responses, and briefs shall not
exceed fifteen pages (This limit does not apply to motions for summary
judgment.). Replies shall not exceed ten pages. Motions and briefs shall be
combined and will be considered one paper for purposes of computing page
limitations. These page limitations 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. The
body of the text and all footnotes shall be no smaller than 12-point type.
Motions to exceed the page limitations set forth in these Practice
Standards will be granted only upon a showing of good cause. Any such motion
shall indicate the number of pages of the proposed document and the reason
why the additional pages are necessary.
B. Responses and Replies
1. Deadlines B See D.C.COLO.LCivR 7.1(d) and D.C.COLO.LCivR
56.1(a) for applicable time limits for filing responsive and reply briefs. Rule 6 of
the Federal Rules of Civil Procedures controls the computation of time. For
extensions of time for filing such briefs, see Section I.G.
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2. A response shall identify by title and CM-ECF docket number the
pleading to which it responds. Similarly, a reply shall identify by title and CM-
ECF docket number the response to which it replies. No surreply or
supplemental briefs shall be filed without leave of court.
C. Untimely Or Noncomplying Motions, Objections, Responses, or
Replies
1. Motions that are untimely, noncomplying, or filed without a certification
pursuant to 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
denied without prejudice, stricken, or ignored.
D. Unopposed Motions
An unopposed motion shall be designated as required by
D.C.COLO.LCivR 7.1(c). Proposed orders should be submitted via CM-ECF
along with all motions. Proposed orders should not be sent via email to
chambers unless requested. Do not submit proposed judgments, since
judgments are prepared by the clerk of the court.
E. Motions In Limine
Motions in limine are 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 fourteen
days before the trial preparation conference. Any responses to the motions in
limine shall be filed seven days before the trial preparation conference. (For
motions to exclude expert witness testimony, see Section III.G.)
F. Dispositive Motions
1. Procedures for motions seeking relief pursuant to Fed. R. Civ. P. 12 or
56 are governed by D.C.COLO.LCivR. 7.1(b) and 56.1, respectively. Deadlines
will be applied strictly.
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2. Motions to Dismiss B FED. R. CIV. P. 12(b)
a. Rule 12(b) motions are discouraged if the defect is correctable
by the filing of an amended pleading. Counsel should confer prior to the
filing of the motion if the deficiency is correctable by amendment (e.g.,
failure to plead fraud with specificity) and should exercise their best efforts
to stipulate to appropriate amendments. Rule 12(b) 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:
i. For each claim for relief that the movant seeks to dismiss
pursuant to Rule 12(b)(6), clearly enumerate each element that
movant contends must be alleged, but was not.
ii. The respondent should utilize the same format for each
challenged claim. If the respondent disputes a particular element,
the element should be identified as ADISPUTED@ and briefed. If
the respondent contends that a sufficient factual allegation has
been made in the complaint, the respondent should identify the
page and paragraph containing the required factual allegation.
iii. 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
judgment motion.
b. If a party elects to file more than one Rule 12(b) motion,
opening briefs and response briefs shall not exceed fifteen pages total for
all such motions (not each such motion) filed by that party.
3. Motions for Summary Judgment B FED. R. CIV. P. 56
a. Motions and response briefs shall not exceed twenty pages.
Reply briefs shall not exceed ten pages. These page limitations shall
include the motion for summary judgment, 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
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response briefs shall not exceed twenty pages total for all such motions
(not each such motion) filed by that party. The body of the text and all
footnotes shall be no smaller than 12-point type.
b. Because of the voluminous factual materials which are
frequently submitted with motions for summary judgment, all Rule 56
motions must comply with the following requirements:
i. In a section of the brief required by Rule 56.1(a) of the
United States District Court for the District of Colorado Local Rules
of Practice (Civil) styled AStatement of Undisputed Material Facts,@
the movant shall set forth in simple, declarative sentences,
separately numbered and paragraphed, each material fact which
the movant believes is not in dispute and which supports movant's
claim that movant is entitled to judgment as a matter of law.
ii. Each separately numbered and paragraphed fact must
be accompanied by a specific reference to material in the record
which establishes that fact. General references to pleadings,
depositions, or documents are insufficient if the document is over
one page in length. See D.C.COLO.LCivR 56.1(c) regarding the
marking of exhibits. A Aspecific reference@ means:
B In the case of materials filed with the court, the title of the
document, the date on which it was filed or served, and a
specific paragraph or page and line number; or, if the
document is attached to the motion, the paragraph or page
and line number;
B In the case of interrogatories or requests for admission (the
pertinent parts of which must be filed with the motion), the
number of the interrogatory or request;
B In the case of depositions or other documents bearing line
numbers, the specific page and line(s) establishing the fact;
B In the case of affidavits submitted in support of the motion,
the specific paragraph number establishing the fact;
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B In the case of other materials not numbered by paragraph,
line, or page, a reference which will enable the court to
ascertain the fact without reviewing the entire document; the
effort at specificity may be made by highlighting, manual
underscoring, or pagination supplied by the movant.
iii. Only if the nature of the material fact does not permit a
specific reference (e.g., AThe contract contains no provision for
termination.@), is a general reference sufficient.
iv. Any party opposing the motion for summary judgment
shall, in a section of the brief required by Rule 56.1(a) of the United
States District Court for the District of Colorado Local Rules of
Practice (Civil) styled AResponse to Statement of Undisputed
Material Facts,@ admit or deny the asserted material facts set forth
by the movant. The admission or denial shall be made in separate
paragraphs numbered to correspond to movant's paragraph
numbering. Any denial shall be accompanied by a brief factual
explanation of the reason(s) for the denial and a specific
reference to material in the record supporting the denial.
v. If the party opposing the motion believes that there exist
additional disputed questions of fact which it has not adequately
addressed in the submissions it has made pursuant to
subparagraph (iv) above (for example, disputed facts concerning an
affirmative defense), the party shall, in a separate section of the
party's brief styled AStatement of Additional Disputed Facts,@ set
forth in simple, declarative sentences, separately numbered and
paragraphed, each additional, material disputed fact which
undercuts movant's claim that it is entitled to judgment as a matter
of law. Each separately numbered and paragraphed fact shall be
accompanied by a specific reference to material in the record
which establishes the fact or at least demonstrates that it is
disputed. Similarly, if the party opposing the motion believes that
there exist additional undisputed facts, the party shall, in a
separate section of the party=s brief styled AStatement of Additional
Undisputed Facts,@ set forth in simple, declarative sentences,
separately numbered and paragraphed, each additional, material
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undisputed fact which undercuts movant's claim that it is entitled to
judgment as a matter of law. Each separately numbered and
paragraphed fact shall be accompanied by a specific reference to
material in the record which establishes the fact or at least
demonstrates that it is undisputed.
vi. Any reply brief must comply with the following
requirements:
--In a separate section styled AReply Concerning Undisputed
Facts,@ include any factual reply which movant cares to
make regarding the facts asserted in its motion to be
undisputed, supported by specific references to material in
the record. The reply will be made in separate paragraphs
numbered according to the motion and the opposing party's
response.
--In a separate section styled AResponse Concerning
Disputed Facts@ or a separate section styled AResponse
Concerning Additional Undisputed Facts@ (with respect to
each fact which the opposing party, pursuant to
subparagraph (v) above, claims to be in dispute or to be
undisputed), either admit that the fact is disputed or
undisputed or supply a brief factual explanation for its
position that the fact is undisputed, accompanied by a
specific reference to material in the record which
establishes that the fact is undisputed. This will be done in
paragraphs numbered to correspond with the opposing
party's paragraph numbering.
vii. The sole purpose of these procedures is to establish
facts and determine which of them are in dispute. Legal argument
is not permitted here and should be reserved for separate portions
of the briefs. If, for example, a party believes that an established
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
materials in the record does not support the claimed fact, that fact
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may be denied and factual argument may appropriately be made
pursuant to these procedures.
viii. 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.
ix. Failure to follow these procedures may result in an order
striking or denying the motion or brief or may cause the court to
deem certain facts as admitted. Repeated failure to follow these
procedures may result in an order granting other proper relief.
G. Motions to Exclude Opinion Testimony
A party objecting to the admissibility of opinion testimony by an expert
witness or by a lay witness shall file a written motion seeking its exclusion. (The
failure of an opponent to file such a motion, however, does not relieve the
proponent of its burden to show that the proffered testimony is admissible at
trial.)
The motion shall identify with specificity each opinion the moving party
seeks to exclude. The motion shall also identify the specific ground(s) on which
each opinion is challenged, e.g., relevancy, sufficiency of facts and data,
methodology. See Fed. R. Evid. 702. Motions and responses shall not exceed
fifteen pages without permission of the court; replies shall not exceed ten pages
without permission of the court.
The deadline for filing all such motions shall be set by the court at the
scheduling conference. The time for filing responses and replies shall be
governed by D.C.COLO.LCivR 7.1(d). If a deadline has not been set at the
scheduling conference, such motions shall be filed thirty days after the deadline
for disclosure of rebuttal expert witnesses.
H. Motions to File a Surreply
A party seeking leave of the Court to file a surreply shall file, as an
attachment to the motion, a copy of the proposed surreply.
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IV. TRIALS
A. Final Pretrial Conference
The assigned magistrate judge will hold a final pretrial conference as
prescribed by Fed. R. Civ. P. 16(e) and D.C.COLO.LCivR 16.3. The form to be
used for the Final Pretrial Order can be found on the District Court website.
B. Trial Settings
Whenever practicable, the case will be set for trial and for Trial
Preparation Conference during the final pretrial conference before the assigned
magistrate judge; otherwise, immediately after the final pretrial conference
counsel and pro se parties shall contact Chambers via conference call (303-335-
2794) or email (
[email protected]) to set the case for trial
and for Trial Preparation Conference.
C. Length of Trial
Should the parties request a trial lasting longer than five days, the order
setting trial will reflect the court=s ruling on the number of days for the trial.
D. Motions in Limine
Motions in limine are discouraged if the court needs to hear evidence at
trial in order to resolve them. See Section III.E. If a party files a motion in
limine, it is due fourteen days before the trial preparation conference. If motions
in limine are filed, they must be filed fourteen days before the trial preparation
conference. Any responses to the motions in limine shall be filed seven days
before the trial preparation conference. (For motions to exclude expert witness
testimony, see Section III.G.).
E. Trial Preparation Conference
The Trial Preparation Conference will usually be held approximately two
weeks before trial. Counsel who will try the case must attend in person. Once
trial has been set, the court will issue a Trial Preparation Conference Order that
will confirm the trial date, confirm the Trial Preparation Conference date, and
specify the tasks to be completed before the Trial Preparation Conference.
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1. Jury Instructions and Verdict Forms:
a. Fourteen days before the trial preparation conference, counsel
and any pro se party shall submit proposed jury instructions and verdict
forms. The jury instructions shall identify the source of the instruction
and supporting authority, e.g., ' 103, Fed. Jury Practice, O=Malley, Grenig,
and Lee (6th ed.). The parties shall submit their instructions and verdict
forms both via CM-ECF and by electronic mail to
[email protected] in Word format. Verdict forms
shall be submitted in a separate file from jury instructions. Within the jury
instruction document, each jury instruction shall begin on a new page.
b. Each instruction should be numbered (e.g., APlaintiff=s
Instruction No. 1@) for purposes of making a record at the jury instruction
conference. The parties shall attempt to stipulate to the jury instructions,
particularly Astock@ instructions and verdict forms.
c. In diversity cases where Colorado law applies, please submit
instructions and verdict forms that conform to the most recent edition of
CJI-Civ.
2. Exhibit and Witness Lists: Seven days before the trial preparation
conference, the parties shall file their proposed witness and exhibit lists via CM-
ECF. The form of such lists are found at
http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/
HonPhilipABrimmer.aspx. Two days after witness lists are filed, the parties
shall file estimates of time required for their cross-examination of the opposing
party=s witnesses. Seven days before trial the parties shall exchange, whether
electronically or in hard copy, the exhibits listed on their trial exhibit lists. For
additional matters regarding exhibit and witness lists, see Sections II.C. and II.D.
above.
3. Voir Dire: Seven days before the trial preparation conference, the
parties shall file their proposed voir dire questions.
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F. Jury Trials
1. Counsel and pro se 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 second day of trial will
begin at 8:30 a.m. and continue until 5:00 p.m. The trial day will have morning
and afternoon recesses of approximately fifteen minutes duration. A lunch
break of approximately one hour and thirty minutes will be taken at approximately
12:00 p.m. The court typically does not hold trial on Fridays.
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: Unless ordered otherwise, each side shall be permitted voir
dire examination of fifteen minutes after voir dire examination by the court.
4. Jurors will be permitted to take notes during the trial.
5. The jury will be instructed before closing argument.
6. Each juror will be given a copy of the written jury instructions for use
during deliberations.
G. 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 résumé or curriculum vitae, marked as
an exhibit, generally will suffice for the qualification of an expert witness.
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H. Trial Briefs
Trial briefs are encouraged, but not required absent specific court order. If
filed, trial briefs shall not exceed ten pages and shall be filed not later than two
business days before the trial preparation conference. A trial brief may not be
used as a substitute for a motion.
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