PRACTICE STANDARDS
(Criminal cases)
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, 2023
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. Motions to Continue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
F. Motions for Extensions of Time. . . . . . . . . . . . . . . . . . . . . . . . 2
II. COURTROOM PROCEDURES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
A. Courtroom Protocol. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
B. Recording of Proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
C. Exhibits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-4
D. Witness Lists. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
E. Depositions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
F. Videotaped Depositions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
G. Special Equipment (Audio/Video). . . . . . . . . . . . . . . . . . . . . . 5
III. MOTIONS PRACTICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
A. Page Limitations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
B. Objections to Rule 404(b)Notices. . . . . . . . . . . . . . . . . . . . . . . 5
C. Motions In Limine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-6
D. Trial Briefs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
IV. TRIALS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
A. Trial Preparation Conference . . . . . . . . . . . . . . . . . . . . . . . . . 6
1. Jury Instructions and Verdict Forms.. . . . . . . . . . . . . . . 6
2. Exhibit and Witness Lists. . . . . . . . . . . . . . . . . . . . . . . . 7
3. Voir Dire. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
B. Jury Trials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
C. Trials To Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
V. PLEA AGREEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
A. Treatment of Notice of Disposition. . . . . . . . . . . . . . . . . . . . . . 8
B. Rule 1(c)(1)(C) Pleas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
I. GENERAL PROCEDURES
A. Applicable Rules
Those appearing in the District Court 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 States District Court for the
District of Colorado;
4. The Electronic Case Filing Procedures (Criminal 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 “Local 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 “Judicial 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.
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D. Proposed Orders
On occasion, chambers staff may direct a party to transmit proposed orders
by electronic mail to brimmer
[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. 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 clerk, Sabrina Grimm, 303-335-2039.
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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.
2. When to File – For motions hearings, each party must provide a copy of
its exhibit list and each exhibit to opposing counsel or any pro se party before the
hearing. The exhibit list should also be filed via CM-ECF two business days before
the hearing. For trials, see Section IV.A. concerning the Trial Preparation
Conference.
3. Format of Exhibit List – Parties must use the form of exhibit list available
on the District Court website at
http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/
HonPhilipABrimmer.aspx. 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.
4. 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.
5. Exhibit labels can be obtained from the clerk’s office before trial. The
government’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. Do not use double
or triple letters. The criminal action number should also be placed on each of the
exhibit stickers.
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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) “original” or “copy.” 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 – 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) opposing counsel, and (e) the witness stand.
8. Stipulated Facts – Any stipulations of fact should be formatted as a
pleading and marked as an exhibit.
D. Witness Lists
1. When to File – For motion 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 at
http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/
HonPhilipABrimmer.aspx.
E. Depositions
Together with Fed. R. Crim. P. 15, this practice standard governs the use of
depositions in criminal proceedings:
1. Objections to any portion of a proposed deposition shall be filed
and determined pursuant to D.C.COLO.LCivR 7.1 and these Practice
Standards. 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 clerk with two copies of the relevant deposition transcript marked as
an exhibit with government’s designated portions highlighted in yellow and
the defendant’s in blue.
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F. Videotaped Depositions
Together with Fed. R. Crim. P. 15, this practice standard governs the use of
videotaped depositions in criminal proceedings. Objections to any portion of a
proposed videotaped deposition shall be filed and determined pursuant to
D.C.COLO.LCivR 7.1 and these Practice Standards. Objections m ay be resolved
before trial to facilitate appropriate redaction.
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.aspx
under “Courtroom Technology Manuals for Attorneys.” Notify my courtroom deputy
clerk, Sabrina Grimm, 303-335-2039, 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
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.
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. Objections to Rule 404(b) Notices
Objections to a Fed. R. Crim. P. 404(b) notice shall be filed no later than
seven days after such Rule 404(b) notice was filed.
C. 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 seven days
before the trial preparation conference. Responses to motions in limine shall be
filed three days before the trial preparation conference.
D. 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 seven
days before trial. Please flag evidentiary issues in a trial brief rather than by 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 three 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 date, confirm the
Trial Preparation Conference date, and specify the tasks to be completed before the
Trial Preparation Conference. The court typically does not hold trial on Fridays.
1. Jury Instructions and Verdict Forms
a. Two business 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
brimmer
[email protected] in Word format. Verdict forms shall
be submitted in a separate file from jury instructions. Within the jury
instruction 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.
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.
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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 def endants’ witness lists. The
forms of such lists are found at
http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/
HonPhilipABrimmer.aspx. For additional matters regarding exhibit and witness lists,
see Sections II.C. and II.D. above.
3. Voir Dire: Two business days before the trial preparation conference,
the parties shall file their proposed voir dire questions.
B. Jury Trials
1. Counsel and pro se parties shall be present on the f irst day of trial at 8:00
a.m. Jury selection will begin at 8:30 a.m. Commencing the second day of trial, the
normal trial day 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.
2. Unless ordered otherwise, jurors and alternate jurors shall be selected
using the Juror Selection Protocol of the court found online at
http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/
HonPhilipABrimmer.aspx.
3. Unless ordered otherwise, each side shall be permitted voir dire
examination of fifteen minutes after voir dire examination by the court.
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 the jury is
sworn. A party that wants to preserve a Batson challenge should request the court
not to release any jurors subject to the challenge.
5. Jurors will be permitted to take notes during the trial.
6. The jury will be instructed before closing argument.
7. Each juror will be given a copy of the 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 resume or
curriculum vitae, marked as an exhibit, generally will suffice for the qualification of
an expert witness.
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V. PLEA AGREEMENTS
A. Treatment of Notice of Disposition
Any notice of disposition filed pursuant to D.C.COLO.LCrR 11.1(a) shall be
considered to be a pretrial motion within the meaning of 18 U.S.C. § 3161(h)(1) for
the purpose of computing time under the Speedy Trial Act of 1974, 18
U.S.C. §§ 3161-74.
B. Rule 11(c)(1)(C) Pleas
Any plea agreement pursuant to Fed. R. Crim P. 11(c)(1)(C) must be
submitted to chambers no later than 14 days before the date set for trial.
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