S. Kato Crews
United States District Judge
Byron G. Rogers United States Courthouse
Courtroom C201
(303) 335-2124
[email protected]
STANDING ORDER FOR CRIMINAL CASES
Effective: December 1, 2024
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I. GENERAL PROCEDURES
A. Applicable Rules
Those appearing in the District Court on criminal matters must know and
follow:
1. The Federal Rules of Criminal Procedure;
2. The Federal Rules of Evidence;
3. The Local Rules of Practice of the United Sates District Court for the
District of Colorado;
4. The Electronic Case Filing Procedures (Criminal Version 3.0 or the most
current version); and
5. This Standing Order.
B. Access to Local Rules and Standing Order
1. A copy of the Local Rules is available on the District Court’s website
(http://www.cod.uscourts.gov/) under “Local Rules,” and from the Clerk
of the Court in Room A105.
2. A copy of this Standing Order is available on the District Court’s website
(http://www.cod.uscourts.gov/) under “Judicial Officers” and from the
Clerk of the Court in Room A105.
C. Communication with Chambers
1. My Judicial Assistant is Amanda Montoya, at
[email protected].
2. For information about the status of a motion or document, please contact
the Clerk’s Office, at (303) 844-3433.
3. For information about courtroom technology, trial preparation, or
submission of trial exhibits, please contact my Courtroom Deputy,
Cathy Pearson, at (303) 335-2089, or
[email protected].
4. My Court Reporter is Mary George, at (303) 335-2109, or
[email protected].
5. Please do not contact my law clerks about procedural or scheduling
matters.
D. Proposed Orders
You may be directed to transmit proposed orders by electronic mail to
[email protected]. The proposed order or document should be
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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 facsimile or electronic mail unless asked to do so.
E. Motions to Continue
Motions to continue (including motions to vacate or reset) hearings and trials
will be determined pursuant to United States v. West, 828 F.2d 1468, 1469-70 (10th
Cir. 1987) unless a party seeks to continue a hearing or trial outside the Speedy Trial
Act deadlines, in which case it will be decided pursuant to the Speedy Trial Act. 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 approved by the Court. When a
motion to continue is granted, all parties will be notified as soon as practicable.
F. 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.
II. COURTROOM PROCEDURES
A. Courtroom Protocol
1. Please observe traditional courtroom decorum: stand when addressing
the Court, address the Court as “Your 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 a witness an exhibit.
2. If you have a question about courtroom protocol, please contact my
Courtroom Deputy, Cathy Pearson, at (303) 335-2089, or
[email protected].
B. Oaths
Please note and advise all persons appearing with you in court, including co-
counsel, paralegals, clients, witnesses, and spectators that oath-taking is treated
formally in the courtroom. The Court will administer an oath to a jury or witness
ONLY when all other activity in the courtroom has ceased. Attorneys are directed to
observe the administration of the oath and to stop all other activity.
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C. 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).
2. The realtime reporter assigned to the Court is Mary George, at (303)
335-2109, or
[email protected]. Transcripts of proceedings
may be ordered from Ms. George. 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. George.
D. Exhibits
1. When to file - For motions hearings, each party must provide a copy of
its exhibit list to opposing counsel or any pro se party two business days
before the hearing. As for exhibits for trial, the Government must
provide a copy of its exhibits to Chambers electronically on a
thumb drive, or an e-mailed zip or shared file, no later than two
business days prior to trial. This requirement applies to a
defendant if they have identified exhibits for trial. As for exhibit
lists for trial, see Section IV.A concerning Trial Preparation Conference.
2. Format of Exhibit List – Parties must use the form exhibit list available
on the District Court website for Judge Crews. 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.
3. Each party must pre-mark all exhibits that will be used or identified in
a hearing or trial. Exhibits not timely pre-marked or exchanged before
a hearing or trial may not be admitted.
4. Exhibit labels can be obtained from the Clerk’s Office before trial. The
Government’s exhibits should be marked using numbers. Defendant’s
exhibits should be marked using alphabetical letters for the first 26
exhibits. For example, if there are 26 or fewer exhibits, label them A
through Z. If there are more than 26 exhibits, begin marking them as A-
1 through A-99, then B-1 through B-99, etc. Do not use double or triple
letters. The criminal action number should also be placed on each of the
exhibit stickers.
5. There will be no juror exhibit notebooks. Instead, the Court will provide
an Elmo projector and television screen, or other technology, for
purposes of publishing admitted exhibits to the jury. The parties may
use the Elmo system provided by the Court or may bring in their own
technology for purposes of publishing exhibits. Questions concerning
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exhibits and courtroom equipment/technology may be directed to Ms.
Pearson.
6. Only one exhibit notebook is required as a backup for the witness stand
and which will also be the notebook the jury receives during
deliberations. Your single exhibit notebook should contain that party’s
original exhibits, properly marked and tabbed, with the pages of each
exhibit numbered. You should also bring two electronic copies of
your exhibits on a thumb drive on the first trial day to provide
one to my courtroom deputy and the other to my court reporter.
The court reporter does not need media files such as videos or photos,
only document exhibits.
E. Witness Lists
1. When to File – For motions hearings, witness lists should be filed via
CM/ECF two business days before the hearing. For trials, see Section
IV.A. concerning the Trial Preparation conference.
2. Format – Parties should use the form of witness list available on the
District Court website (http://www.cod.uscourts.gov/).
F. Depositions
Together with Fed. R. Crim. P. 15, this Standing Order governs the use of
depositions in criminal proceedings:
1. Objections to any portion of a proposed deposition shall be filed as soon
as practicable, but no later than the time of the Trial Preparation
Conference. Any objectionable portion of the deposition shall be
identified with specificity, i.e., by page and line. Objections may be
resolved before trial to facilitate appropriate redaction.
2. For jury trials, parties shall provide a person to read the deposition
answers.
3. For bench trials, depositions will not usually 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 with two copies of the relevant deposition
transcript marked as an exhibit with the government’s designated
portions highlighted in yellow and the defendant’s in blue.
G. Videotaped Depositions
Together with Fed. R. Crim. P. 15, this Standing Order governs the use of
videotaped depositions in criminal proceedings. Objections to any portion of a
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proposed videotaped deposition shall be filed as soon as practicable, but no later than
the time of the Trial Preparation Conference. Objections may be resolved before trial
to facilitate appropriate redaction.
H. Special Equipment (Audio/Visual)
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 (http://www.cod.uscourts.gov/) under “Courtroom Technology Manual for
Attorneys." Notify my Courtroom Deputy, Cathy Pearson, no later than seven 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
1. All motions, objections, responses, and briefs shall not exceed fifteen
pages. 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,
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.
2. Motions to exceed the page limitations set forth in this Standing Order
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. Conferral
The moving party is directed to confer with opposing counsel (and co-defendant
counsel if applicable) before filing any motion and include the opposing party’s
position in the motion.
C. Objections to Rule 404(b) Notices
Objections to a Fed. R. Crim. P. 404(b) notice shall be filed no later than seven
days before the Trial Preparation Conference.
D. Motions In Limine
Motions in limine are discouraged when the motion is evidence driven and
cannot be resolved until evidence is presented at trial. Instead, the issue can be
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flagged in a trial brief. If motions in limine are filed, they must be filed fourteen days
before the trial preparation conference.
E. Ends of Justice Continuances of Hearings and Trials
All motions for an ends of justice continuance must:
1. Specify the number of days remaining on the speedy trial clock and the
date the requesting party believes the speedy trial clock expires;
2. Specify the number of days the party is seeking to exclude; and
3. Identify which parties join in the motion and which parties object to the
motion.
Any party who objects to the granting of an ends of justice continuance must
file their objection within seven days of the filing of the motion.
F. 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 no later than seven days
before trial. Please flag evidentiary issues in a trial brief rather than by a motion in
limine. A trial brief may not be used as a substitute for a motion.
IV. TRIALS
A. Trial Preparation Conference
The Trial Preparation Conference will usually be held approximately seven to
ten days before trial. Counsel who will try the case must attend. Once trial has been
set, the Court will issue an order that will confirm the Trial Preparation Conference
date and specify the tasks to be completed before the Trial Preparation Conference.
1. Preliminary Statement, Voir Dire, Jury Instructions, Verdict Forms
a. Fourteen days before the Trial Preparation Conference, the
parties shall meet and confer regarding the Preliminary
Statement (summarizing or introducing the case) to be read to the
jury, Voir Dire, Jury Instructions, and Verdict Forms. These
documents shall be filed no later than five days before the Trial
Preparation Conference. The jury instructions shall be titled (e.g.,
Burden of Proof) and shall identify the source of the instruction
and supporting authority, e.g. § 103, Fed. Jury Practice, O’Malley,
Grenig, and Lee (5th ed.). The parties shall submit their
documents 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.
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Within the jury instructions file, each jury instruction shall begin
on a new page.
b. Each instruction should be numbered (e.g., “Government’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 “stock” instructions and verdict
forms. The parties should include the title references on each
instruction, i.e., Burden of Proof, Direct and Circumstantial
Evidence, etc.
c. Whenever practicable and appropriate, the parties shall use or
adapt for use the Criminal Pattern Jury Instructions prepared by
the Criminal Pattern Jury Instruction Committee of the United
States Court of Appeals for the Tenth Circuit. The pattern
instructions and updates may be found online at
(https://www.ca10.uscourts.gov/).
2. Exhibit and Witness Lists: Two business days before the Trial
Preparation Conference, the parties shall file their proposed witness and exhibit lists
via CM/ECF. Defendants do not need to be listed on defendant’s witness lists. The
forms of such lists are found at (http://www.cod.uscourts.gov/). For additional matters
regarding exhibit and witness lists, see Sections II.D and II.E. above.
3. Trial Stipulations shall be filed five days before the Trial Preparation
Conference.
B. 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. Each trial day, counsel
must be ready at 8:00 a.m. to meet with the Court. The jury will be
brought in and trial will commence at 8:30 a.m. and continue until 4:30
p.m. The trial day will have morning and afternoon recesses of
approximately fifteen minutes duration. A lunch break of approximately
45 minutes will be taken at approximately 12:00 p.m.
2. Unless ordered otherwise, the procedure employed for selection of jurors
and alternate jurors will be reviewed with the parties at the Trial
Preparation Conference.
3. Unless ordered otherwise, each side shall be permitted voir dire
examination of 15 to 20 minutes after voir dire examination by the
Court.
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4. Challenges pursuant to Batson v. Kentucky, 476 U.S. 79 (1986), shall be
made and considered at the time challenges for cause are made, before
a potential juror is excused.
5. Jurors will be permitted to take notes during the trial.
6. The jury will be instructed before closing arguments.
7. The jury will be given a copy of the indictment and written jury
instructions for use during deliberations.
C. Trials To Court
Trials to Court will begin at 8:30 a.m. For a trial to the Court, a resumé or
curriculum vitae, marked as an exhibit, generally will suffice for the qualification of
an expert witness.
D. Glossary
1. No 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.
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.
V. PLEA AGREEMENTS
A. Treatment of Notice of Disposition
Any notice of disposition filed pursuant to D.C.COLO.LCrR. 11.1A shall be
considered to be a pretrial motion within the meaning of 18 U.S.C. § 3161(h)(1)(F) for
the purpose of computing time under the Speedy Trial Act of 1974, 18 U.S.C. §§ 3161-
74.
B. Plea Agreement Content Restriction
No plea agreement shall identify whether a defendant has agreed to cooperate
with the United States or other jurisdiction with respect to the investigation or
prosecution of others. Consequently, no plea agreement shall contain any reference
to any cooperation agreement between the defendant and the government, to any
potential for a motion under 5K.1.1 of the Unites States Sentencing Guidelines
(“U.S.S.G.”), or to any other statutory guideline calculation or adjustment predicated
on such cooperation.
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C. Plea Agreement Supplement
1. In all criminal cases resolved by a plea agreement in which the
defendant’s cooperation against others is part of the agreement, the
parties shall prepare and provide to the Court, in addition to the Plea
Agreement and Statement by Defendant in Advance of Plea provided for
by D.C.COLO.LCrR 11.1(c) and (d), a Plea Agreement Supplement. At
the conclusion of the change of plea hearing, the courtroom deputy will
file the Plea Agreement Supplement in the Electronic Case Filing
(“ECF”) system as a Court only entry.
2. The Plea Agreement Supplement shall contain in substance, the
following statement: “The parties agree that the following additional
terms and provisions are part of the Plea Agreement.” Thereafter, the
Plea Agreement Supplement shall fully set forth all terms and
provisions of the agreement between the parties that were omitted from
the Plea Agreement because of the restriction required by Section V(B),
supra, together with all U.S.S.G. computations and statutory
implications of the additional plea agreement provisions.
3. The Plea Agreement Supplement shall be signed by all persons who sign
the Plea Agreement.
4. A copy of the Plea Agreement Supplement shall be provided to
Chambers together with the Plea Agreement in the same time and
manner as provided for by the D.C.COLO.LCrR 11.1(c).
5. The Plea Agreement Supplement shall be tendered to the courtroom
deputy in the same time and manner as provided for by D.C.COLO.LCrR
11.1(e).
D. Safety Valve Cases
The parties may, but are not required to, adhere to the requirements of
Sections B and C above in cases where the Defendant is eligible for safety valve relief
under the U.S.S.G. and no other cooperator agreement is included as part of the
disposition with the government. Where the disposition entails both safety valve
relief and further benefit based on that or additional cooperation, Section B and C
above shall apply to both the safety valve and additional cooperation aspects of the
plea agreement.
E. Sentencing Statements, Objections to Presentence Report and
Motions for Departure or Variance and Related Documents
1. All Sentencing Statements, Objections, and Responses to Presentence
Reports, and Motions for Departure or Variance provided for by
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D.C.COLO.LCrR 32.1 shall, except as provided in ¶3 below, be filed as
restricted documents subject to Restriction Level 2.
2. This requirement shall constitute a standing order for purposes of
D.C.COLO.LCrR 32.1(d) and 47.1(a).
3. The following are excluded from the requirement set forth in ¶1 that the
matter be filed under restriction: (i) Sentencing Statements in cases
resolved by trial, (ii) Motions pursuant to U.S.S.G. § 3E1.1(b) and (iii)
Motions pursuant to U.S.S.G. § 5K3.1.
4. Motions to Dismiss are not covered by D.C.COLO.LCrR 32.1 and,
accordingly, need not be filed as restricted documents.
F. Rule 11(c)(1)(C) Pleas
If a plea is to be tendered pursuant to Fed. R. Crim P. 11(c)(1)(C), the notice of
disposition must so state.
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