PRACTICE STANDARDS - CRIMINAL
Judge Gordon P. Gallagher
United States District Court
District of Colorado
Courtroom 323
Wayne Aspinall U.S. Courthouse
Chambers 310
400 Rood Avenue
Grand Junction, CO 81501
Telephone: (970) 241-8932
Email:
[email protected]
Issued: June 2025
I. GENERAL PROCEDURES
A. Scope, Title, and Citation
The Criminal Practice Standards of Judge Gordon P. Gallagher apply to all
criminal actions assigned to him. These rules should be cited as
Crim. Practice Standard, Part, Section, Subsection, Paragraph, and
Subparagraph (e.g., Crim. Practice Standard III(B)(1)(a)).
B. Interpretation of the Practice Standards
Consistent with Rule 2 of the Federal Rules of Criminal Procedure, these
Practice Standards are to be interpreted to provide for the just determination
of every criminal proceeding, to secure simplicity in procedure, fairness in
administration, and to eliminate unjustifiable expense and delay.
C. Applicable Rules
1. Those appearing in the District Court must know and follow:
a. The Federal Rules of Criminal 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 (the most current
version); and
e. These Practice Standards.
f. Failure to comply with the foregoing rules or procedures or the
Practice Standards of this Court may result in appropriate
sanctions.
D. Communication with Chambers
1. All communications with Chambers shall be by email only. If after
fully and carefully reading these Practice Standards and the Local Rules
of Practice, there are still questions about general procedures, please
email Chambers at
[email protected]. Please
do not contact Chambers about substantive matters as Chambers staff
cannot give legal advice or grant oral requests over the telephone.
2. No Case-Related or Ex Parte Communications: All communications
relating to a specific case must be (1) made in the form of a motion, brief,
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notice, or status report; (2) be served on all opposing counsel and pro
se parties; and (3) filed as required by the Electronic Case Filing
Procedures. Except as specifically directed by these Practice
Standards, counsel and pro se litigants may not communicate about a
case by email or letter to Chambers.
3. CM/ECF Assistance: For information about filing documents
electronically, please contact the ECF Help Desk at 303-335-2026.
4. Courtroom Assistance: For information regarding the courtroom,
including telephonic connection, courtroom equipment, and technology,
please email
[email protected].
E. Courtesy Copies, Proposed Orders, and Requested Submissions
1. Courtesy copies of documents filed electronically on CM/ECF are not
required. If a party’s Proposed Order includes substantial or legal
findings (i.e., significantly more than simply “motion granted”), a courtesy
copy of that Proposed Order shall be sent to Chambers as set forth
below.
2. When directed by the Local Rules of Practice, these Practice Standards,
or Judge Gallagher to submit a document directly to Chambers, parties
should submit documents as an attachment to an email addressed to
[email protected] in an editable (Word)
format. Submissions in PDF format are not acceptable. The subject line
of the email should identify the case name, number, and title of the
document attached.
II. COURTROOM PROCEDURES
A. Courtroom Operations
For information regarding the courtroom, including telephonic or video
connection, courtroom equipment and technology, courtroom protocol, use
of deposition transcripts, the submission of trial exhibits and witness lists,
and the use of exhibits at trial, please contact the Courtroom Deputy,
Donald Clement, at
[email protected]. The
courtroom is equipped with HDMI and VGA plug-ins for displaying exhibits.
In addition, there are monitors at each table including the witness stand,
large screens for the gallery, white pads, easels, and an ELMO.
Requests regarding remote witnesses (if allowed by the Court), submission
of trial exhibits and witness lists, use of exhibits at trial, general courtroom
procedures, and to schedule a technical walk-through shall be made to Mr.
Clement at least fourteen days before the proceeding.
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B. Recording of Proceedings
This Court uses the FTR digital taping system for some hearings (e.g.,
change of plea hearings). For inquiries regarding transcripts of proceedings,
please email
[email protected]. Please specify the
case number and date(s) of the proceeding.
The Court generally will use a realtime reporter for other matters which can
be considered contested hearings (e.g., sentencings, suppression
hearings, and trials). The realtime reporter assigned to the Court is
Megan Strawn at S t r a w n r e p o r t i n g @ g m a i l . c o m Transcripts of
proceedings may be ordered from Ms. Strawn. Requests for realtime,
daily, or hourly copy must be made at least thirty days before trial. For
further details, contact Ms. Strawn.
C. Courtroom Decorum
It is of utmost importance to the Court to create a courtroom where all
parties, witnesses, and counsel feel welcome and respected. In that regard,
counsel are invited and encouraged to identify the preferred pronouns of
counsel, clients, and witnesses at the earliest juncture possible. This may
be done in an initial signature block, in person at a conference or hearing,
or in a witness list. Should the wrong pronoun be used, counsel are
encouraged to bring that to the Court’s attention at the time, or through a
subsequent email to Chambers.
Counsel should bring any accessibility or disability accommodation issues
to the attention of the Courtroom Deputy prior to any hearing or trial so the
Court can ensure that all necessary accommodations are in place.
All parties should observe the following courtroom decorum:
1. Stand when the Judge enters or leaves the courtroom, when
addressing the Court, and when the jury enters or leaves the
courtroom;
2. Request permission to approach the bench;
3. Address the Judge as “Your Honor”;
4. Refer to all other persons by their surnames, prefaced by the
individual’s title (e.g., Dr., Agent, Officer, etc.) and preferred
pronouns.
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D. Oaths
The administration of the oath is a solemn moment, both as a matter of
ceremony and to impress upon witnesses, jurors, and the public the
seriousness of the undertakings in the oath. Please 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.
III. MOTIONS PRACTICE
A. General
1. Filing: Motions with separately filed briefs or memoranda in support are
discouraged. The motion and all supporting arguments must be
contained within a single document. In no event, however, will a
separate motion and brief in support thereof be accepted unless they
are filed contemporaneously. Additionally, separately filed documents
will be combined and considered one document for purposes of the
page limitations set forth below.
Exhibits to a motion or response must be filed on the same calendar day
as the motion or response. Exhibits filed on a later day may be
summarily stricken.
2. Responses and Replies: A response shall clearly and completely
identify the antecedent motion or petition to which the response is made,
including title, court CM/ECF docket number, and date filed. If
necessary, a party may move the Court to file a reply. The reply shall
clearly and completely identify the antecedent response to which the
reply is made, by title, court CM/ECF docket number, and date filed.
3. Page Limitations and Font Size: All motions, objections, responses,
and concomitant briefs shall not exceed fifteen pages. Replies, if
permitted, are limited to ten pages. These page limitations shall not
include any cover page, table of contents, signature block, or certificate
of service. The body of the text and all footnotes shall be no smaller than
12-point font and the body of the text shall be double-spaced with at
least 1” margins.
The Court will entertain motions to exceed the page limit where
appropriate and for good cause. Such motions shall indicate the number
of pages sought and the reason why additional pages are necessary.
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B. Continuances of Hearings or Trials
1. End of Justice Continuances Generally: All motions for an ends of
justice continuance must:
a. Specify the number of days remaining on the speedy trial clock and
the date the requesting party believes the speedy trial clock
expires;
b. Specify the number of days the party is seeking to exclude;
c. Identify which parties join in the motion and which parties object to
the motion.
2. Continuances Outside the Speedy Trial Deadline: A request to
continue a hearing or trial to a date beyond the existing Speedy Trial
deadline shall be made in writing and must provide an analysis of the
factors set forth in 18 U.S.C. § 3161(h)(7)(B). The Court encourages
counsel to closely examine the continuance factors set forth in 18 U.S.C.
§ 3161(h)(7)(B) and to specifically address how the ends of justice are
served by granting the continuance pursuant to United States v.
Toombs, 574 F.3d 1262 (10th Cir. 2009). Furthermore:
a. Oral or written motions to continue shall not be made at the time of
a hearing or trial;
b. 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;
c. All motions for an ends of justice continuance must have a
certification from counsel that they have conferred with the
defendant and that the defendant agrees to the requested
exclusion generally and to the specific amount of time excluded;
d. In a multi-defendant action, a statement of conferral from all
counsel shall be included and counsel for those co-defendants
joining in the motion (or not opposing) must certify that they have
conferred with their individual client and that their individual
client concurs.
e. 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.
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3. Continuances Within the Speedy Trial Deadline: Motions to continue
hearings and trials to a date within the existing Speedy Trial deadline
will be determined pursuant to United States v. West, 828 F.2d 1468
(10th Cir. 1987). Counsel must also comply with the requirements of
Crim. Practice Standard III(B)(2)(a)-(d).
C. Motions for Extensions of Time
1. Motions for extension of briefing deadlines or other dates set by the
Court require a showing of good cause, which must be established with
particularity. Unless the circumstances are truly unavoidable and
unanticipated, 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 an extension of time shall be filed no later than three
business days before the deadline to be extended.
D. 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.
E. Motions for Discovery
1. The Court will not consider any motion related to the disclosure or
production of discovery that is addressed by the discovery order and/or
Federal Rule of Criminal Procedure 16, unless counsel for the moving
party, prior to filing the motion, has conferred or made reasonable,
good faith efforts to confer with opposing counsel in an effort to
attempt to resolve the disputed matter (e.g., questions or disputes
relating to the scope and/or timing of disclosure of such discovery).
Motions filed without conferral will be summarily struck.
2. If the parties can resolve the dispute, the motion shall be entitled
“Unopposed Motion for ” and the parties shall submit via email to
Chambers the proposed order that the parties wish the Court to enter.
3. If the parties are unable to resolve the dispute, the moving party shall
state in the motion the specific efforts that were taken to comply with this
duty to confer.
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F. Emergency Motions
Emergency motions are disfavored and are only those necessary to avoid
imminent, irreparable harm will be addressed on an expedited basis.
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 (as well as copying any opposing counsel or pro se party
on the email) to
[email protected], with a subject
line containing “Emergency Motion,” and the case name and number.
G. Motions In Limine
1. Generally: Motions in limine are strongly discouraged if the motion
cannot be resolved until evidence is presented at trial. In many
circumstances (e.g., motions seeking to exclude evidence on the
grounds of Fed. R. Evid. 401 or 403, motions where the precise verbatim
language of the anticipated testimony is unknown), the determination of
admissibility may turn on the factual context in which the evidence is
offered or the specific language the witness will use. These types of
motions are usually not amenable to resolution prior to trial and are not
appropriate subjects for motions in limine. In such circumstances, the
Court will treat any such motion as a trial brief and will not resolve it prior
to trial.
2. Time for filing: 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.
3. Conferral and One Motion Limit:
a. Prior to filing a motion in limine, counsel shall confer in an attempt
to resolve the contested evidentiary issues. If they are unable to
come to a mutual resolution, counsel shall then determine which
party will file the motion on the particular evidentiary issue and
which party will file the response.
b. Each party shall be limited to one motion in limine unless the Court
grants leave for a supplemental filing. The motion shall address all
difficult or unusual evidentiary issues the party anticipates will arise
at trial, with each discrete evidentiary dispute separately
numbered within the motion.
c. The motion and response shall be limited to eight pages, unless
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counsel moves to exceed the page limitation, establishes good
cause for excess pages, and the Court grants the motion. All text
in these filings will count against the page limits, except for the
attorney or party signature blocks and the certificate of service. No
reply brief in support of a motion in limine will be permitted.
H. Expert Disclosures
All required disclosures by the Government pursuant to Federal Rule of
Criminal Procedure 16(a)(1)(G) or any Defendant(s) pursuant to Federal
Rule of Criminal Procedure 16(b)(1)(C) shall occur no later than thirty (30)
days prior to trial. Any objections to such disclosures or anticipated
testimony, including but not limited to those that may be made pursuant to
Federal Rules of Evidence 702, 703, and 705, and Daubert v. Merrell Dow
Pharms., Inc., 509 U.S. 579 (1993), shall be filed within seven (7) days
thereafter.
IV. HEARINGS AND TRIALS
A. Durango Proceedings
Criminal matters will be heard during the Durango Term Week. Durango
Term Weeks are generally the third full week of the following months:
February, April, June, August, October, and December. The
Durango Term Week Calendar can be found at https://www.cod.uscourts.
gov/Judges/Calendars.aspx. Durango criminal matters will be heard by
Judge Gordon P. Gallagher or Magistrate Judge James Candelaria at the
LaPlata County Courthouse in Suite 150 in Durango.
B. Exhibits and Exhibit Lists: The following provisions govern all hearings
and trials at which a party intends to present evidence by exhibit.
1. Format: Parties must use the exhibit list available on the Court’s
website at http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIII
Judges/HonGordonPGallagher.aspx.
2. When To File Exhibit Lists: Parties shall file their exhibit lists via
CM/ECF no later than two business days before a hearing or seven
days before the Trial Preparation Conference.
3. When to File Exhibits:
a. Motions Hearings: each party must provide a copy of its exhibits
to the Court, opposing counsel, or any pro se party at least two
business days before the hearing.
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b. Trial: The parties must provide a copy of its exhibits to Chambers
no later than two business days prior to trial.
4. Exhibits Preparation
a. All parties are to use numerical exhibit labels. This generally is most
efficient if the Government estimates the number of exhibits it might
need (e.g., estimate 100 exhibits and use numbers 1-100; the next
party can then use exhibit numbers 101-200). Overestimate as
appropriate so that no duplication of numbers occurs. The Court is
not concerned if there is a gap in numbers, (e.g., no one uses
numbers 120-130).
b. The parties must pre-mark all exhibits that will be used or identified
for the record. Exhibits not timely pre-marked before a hearing or
trial may not be admitted.
c. The case number shall appear on each exhibit sticker or label. If
exhibits are not bound and labeled properly, the trial may be
delayed or continued until they are.
d. There is no need for duplicate exhibits or for a party to seek to admit
exhibits offered by another party and admitted by the Court or by
stipulation.
e. The parties shall confer and attempt to stipulate to the admissibility
of any exhibits.
f. No oversized exhibits are to be used unless requested by prior
motion and approved by the Court.
g. If a particular exhibit has more than two (2) pages and is not
otherwise paginated internally, pages within the exhibit shall be
numbered sequentially.
5. Submission of Exhibits to the Court
Parties shall submit one USB flash drive and three exhibit notebooks,
one containing the original exhibits and two containing copies of the
exhibits for the Court. Parties shall contact Chambers at
[email protected] prior to delivery of exhibits and
shall deliver the exhibits as directed by Chambers per the designated
deadline. The following information should appear on the cover of each
notebook: (i) caption, (ii) nature of the proceeding,
(iii) scheduled date and time, and (iv) “original” or “copy.”
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Generally, parties shall deliver exhibits to the Court address associated
with the location where the trial or hearing will be held (e.g., for a
Durango trial, the parties would deliver the exhibits notebooks and USB
flash drive to the Court representative in Durango).
C. Witness Lists
1. Format: The parties must use the witness list form available through the
District Court website at http://www.cod.uscourts.gov/JudicialOfficers/
ActiveArticleIIIJudges/HonGordonPGallagher.aspx.
a. The witness lists shall include the anticipated length of testimony by
the proponent for each witness, including anticipated cross- and
redirect-examination.
b. The parties are required to confer in advance of the filing
deadlines to estimate cross-examination times for each other’s
witnesses.
c. The list shall also identify the expertise of any testifying experts and
shall also advise the Court whether any witnesses will appear by
video and whether there is any objection to any/all potential video
testimony.
2. When to File: Each party shall submit a list of its proposed witnesses
as set forth below:
a. Hearings: Parties shall file their witness lists via CM/ECF no later
than two business days before the hearing
b. Trial Preparation Conference: Parties shall file their witness lists
via CM/ECF no later than seven days before the Trial Preparation
Conference.
3. Updated Lists: On the morning of commencement of trial, each party
shall provide the Courtroom Deputy with four paper copies of a final list
of its witnesses, which includes an estimate of the time anticipated for
each witness’s direct and cross-examination. One copy will be made
available to the Court Reporter to assist in the transcription of Court
proceedings, so please be sure that names are spelled correctly.
D. Presentation of Evidence Via Deposition Transcript
Together with Fed. R. Crim. P. 15, this practice standard governs the use
of depositions in criminal proceedings:
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1. Deposition designations and objections: If a party intends to offer
deposition testimony in lieu of a live witness at a hearing or trial, counsel
shall exchange with each other their designations of anticipated
deposition testimony at least twenty-one days prior to the hearing or
trial.
If any party objects to any deposition designations, the parties shall
jointly file with the Court a single marked-up transcript of their
respectively designated deposition testimony no later than fourteen
days before trial. The Government’s designations shall be highlighted in
yellow, and Defendant’s designations shall be highlighted in blue. The
parties shall also file a chart identifying the designation by page and line
number and any objections to that designation. Objections must state
the rule and a short statement of the basis for the objection.
2. For jury trials, parties shall provide a person to read the deposition
answers aloud from the witness stand.
3. For hearings or bench trials, depositions will not be read in open court.
Instead, the Court will read them in chambers in any requested
sequence. At the beginning of the hearing or 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.
E. Presentation of Evidence Via Videotaped Depositions
Together with Fed. R. Crim. P. 15, this practice standard governs the use
of videotaped depositions in criminal proceedings.
1. The procedure set forth above with regard to designating deposition
testimony and lodging objections shall apply where the deposition
testimony will be presented by video.
2. In addition to providing the Court with a copy of a transcript of the
designated and objected-to portions of the testimony, the parties shall
provide the Court with a copy of the video recording on a USB flash
drive.
3. The chart identifying designations shall include time stamps of where
each objected-to portion of testimony may be found on the recording.
4. If the Court is not able to resolve objections before trial to facilitate
appropriate redaction of the video recording, the party proffering the
recording shall be prepared at trial to “fast-forward” past any testimony
that the Court may exclude.
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F. Trial Preparation Conference
The Court will set a date for the Trial Preparation Conference approximately
fourteen 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
and the Trial Preparation Conference date.
Not later than seven days prior to the Trial Preparation Conference, the
parties shall submit, via CM/ECF, the following:
1. Final witness and exhibit lists: the parties shall file their proposed
witness and exhibit lists via CM/ECF and by email to
[email protected] in accordance with Section
IV(B) and (C).
2. Proposed jury instructions and verdict forms: the parties shall file
their instructions and verdict forms via CM/ECF and shall submit a
courtesy copy by email to
[email protected] in
editable (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.
Clear and concise jury instructions and verdict forms are imperative.
While the Court encourages the use of stock and model instructions,
counsel should review those instructions and the verdict form with the
average layperson in mind and modify language that is overly
complicated so that the jury instructions and verdict form are
understandable to laypersons.
a. To the maximum extent possible, the parties shall agree on one
stipulated set of proposed jury instructions, including both stock
and substantive instructions. Only true conflict or uncertainty in
binding substantive law should prevent such agreement.
b. The jury instructions shall identify the source of the instruction and
supporting authority. 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/.
c. To the extent that counsel are unable to agree on certain proposed
instructions, they may each submit their preferred version of any
disputed instruction, including supporting authority. Each disputed
instruction should be identified by party and numbered (e.g.,
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Government’s Disputed Instruction No. 1) for the purpose of
making a record at the jury instruction conference.
d. The same process as in subsection (c) shall be used for verdict
forms.
e. Where possible, the Court will attempt to ensure that jury
instructions and verdict forms will be finalized before the trial
begins.
3. Proposed voir dire questions: It is not necessary to submit
generalized questions that are commonly asked in every jury selection
(e.g., where the prospective juror works or what organizations they
belong to). Only submit questions that are uniquely raised by the
particular facts or issues in the case (e.g., in an embezzlement case,
questions focusing on prospective jurors’ work experience with finances
and financial control policies).
G. Trial Briefs
1. A general trial brief setting forth the party’s theory of the case is
unnecessary, but to the extent there are unusual legal or evidentiary
issues that may arise, a brief that primarily recites the authorities the
parties intend to rely upon may be helpful.
2. 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.
H. Jury Trials
1. The parties shall be present on the first day of trial at 8:00 a.m. Jury
selection will begin at 8:30 a.m. The second day of trial will begin at 8:30
a.m. and continue until 4:00 p.m. The trial day will have morning and
afternoon recesses of approximately fifteen minutes in duration. A lunch
break of approximately one hour will be taken at approximately 12:00
p.m.
2. Voir Dire: After potential jurors are seated in the courtroom, the Court
will give them a brief statement of the case and conduct initial voir dire.
The parties will conduct the remainder of the voir dire examination.
Unless ordered otherwise, each side shall be permitted voir dire
examination of thirty minutes after voir dire examination by the Court.
3. Challenges pursuant to Batson v. Kentucky, 476 U.S. 79 (1986), shall
be made and considered at the time challenges for cause are made,
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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.
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.
I. Trials to Court
1. Trials to court will begin at 8:30 a.m. on the first day of trial.
2. For a trial to the court, a proper resume or curriculum vitae, marked as
an exhibit, generally will suffice for the qualification of an expert witness.
J. Order and Mode of Presentation by Counsel in Trial
1. Where a party is represented by more than one attorney, only one
attorney for that party will be permitted, per witness, to examine and/or
cross-examine said witness. Only one attorney for such party may
conduct voir dire (unless given leave of the Court to do otherwise) or
give an opening statement.
2. If a party is entitled to two closing arguments, two attorneys may split
closing arguments between counsel.
K. Glossary
1. Not later than five business days before trial, the parties shall email to
Chambers a Glossary of any difficult, unusual, scientific, or technical
words, names, terms, or phrases, along with the spellings of witnesses’
names, names of persons or entities that will be frequently referenced,
and acronyms or abbreviations that may be used in testimony or
argument.
2. The parties shall submit to the Courtroom Deputy three paper copies
of the Glossary and provide a copy of the Glossary to opposing counsel
and any pro se party on the day of trial.
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V. PLEA AGREEMENTS
A. Notices of Disposition
1. When to File: A disposition is the final settlement of a matter. Therefore,
if counsel files a Notice of Disposition in a case, it is representing to the
Court that: (1) defense counsel and Government have reached a final
agreement on all the terms of the plea agreement; and (2) the
defendant has agreed to those terms. If this is not the case, do not
file a Notice of Disposition.
2. Tolling Speedy Trial: 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)(F) for the purpose of
computing time under the Speedy Trial Act of 1974, 18 U.S.C. §§ 3161–
74.
3. Dates Not Vacated: The Final Trial Preparation Conference and the trial
dates will not be vacated until the defendant’s plea is entered and
accepted by the Court. Therefore, parties reaching disposition on the
eve of trial shall be prepared to proceed to a Change of Plea Hearing at
the time scheduled for the Trial Preparation Conference or first day of
trial. However, the filing requirements of the Criminal Practice Standards
are tolled upon the filing of a Notice of Disposition.
If a plea is not entered by the defendant at the Change of Plea Hearing,
then the case will proceed to trial as scheduled, unless the Court grants
an ends of justice continuance to exclude time from the speedy trial
clock.
B. Change of Plea Hearing
1. The AUSA who negotiated the plea agreement and defense counsel
who reviewed the plea agreement with the defendant must be present
in person at the Change of Plea hearing.
2. Courtesy Copy of Plea Agreement: No less than five business days
before the Change of Plea Hearing, the parties shall send via email a
courtesy copy of the plea agreement (signed) to Chambers. Parties
shall also provide any other necessary paperwork that shall be
considered alongside the plea (e.g., information, waiver of indictment,
supplemental agreement, etc.).
3. Signed Plea Agreement: Pursuant to D.C.COLO.LCrR 11.1(e), defense
counsel shall submit the signed original and one copy of the “Statement
by Defendant in Advance of Change of Plea” and the “Plea Agreement
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and Statement of Facts” to the Courtroom Deputy at the time of the
hearing.
VI. SENTENCING
A. Motions or Statements.
1. Motions: Sentencing-related motions or statements must be filed no
later than fourteen days before the Sentencing Hearing. Responses or
objections to the opposing party’s filings MUST be filed no later than
seven days before the scheduled Sentencing Hearing. The deadlines
for filing such papers will be extended only upon the showing of good
cause.
Additionally, failure to file a response to the opposing party’s sentencing
statement or motion(s) may be construed as a concession of the relief
requested by the opposing party. The above deadlines do not in any way
alter or affect deadlines for the filing of objections or other pleadings
established pursuant to Fed. R. Crim. P. 32.
2. Proceedings under seal. Sentencing-related filings are not to be filed
under seal unless counsel is able to provide a compelling reason for
sealing the filing. The mere inclusion of information of a personal nature
in a filing is not a compelling reason to seal such a filing. Sentencing-
related documents that are not filed correctly pursuant to
D.C.COLO.LCr.R 32.1(e) will be summarily stricken. Failure to comply
with this Practice Standard may result in a continuance of the
Sentencing Hearing.
VII. SUPERVISED RELEASE VIOLATIONS
A. Supervised Release Violation Report
The Probation Officer shall file the Supervised Release Violation Report
with the Court not later than seven days prior to the Final Hearing on
Supervised Release.
B. Sentencing Statements
1. Not later than seven days before the Supervised Release Revocation
Hearing, the defendant shall file a sentencing statement indicating
whether the defendant intends to admit or deny the allegations and
setting forth his/her/their sentencing position.
2. The Government’s response to the defendant’s sentencing statement
must be filed not later than five days before the Supervised Release
Revocation Hearing.
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3. Failure to comply with this Practice Standard may result in a continuance
of the Supervised Release Revocation Hearing.
VIII. REMOTE APPEARANCE
A. General Rule
1. Counsel whose offices are outside the area where a hearing is being
held or who cannot reasonably make a personal appearance (e.g., due
to illness that prevents an in-person appearance but does not
necessarily warrant a continuance), may appear remotely (via VTC) with
prior approval by the Court. If counsel believes that a remote
appearance is warranted, counsel shall file a motion with the Court at
least ten days before the hearing.
2. For substantive hearings (detention, change of plea, sentencing, and
supervised release proceedings) defense counsel is strongly
encouraged to be present with their client to foster better communication
between counsel and the defendant. For any remote appearance by a
defendant or defense counsel, both client and counsel must consent to
the remote appearance before the Court will allow it.
3. No remote appearance will be permitted for any trial and or for any
substantive motion hearing (e.g., a motion to suppress).
B. Process
For VTC appearances, counsel are directed to contact Chambers via email
at
[email protected] at least three days before the
scheduled hearing for instructions on how to proceed by VTC.
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Table of Pretrial/Trial Deadlines
Note: This table is provided for the convenience of parties appearing before Judge
Gallagher. It does not include all the dates and deadlines listed within the Judge’s Criminal
Practice Standards and is not a substitute for knowledge of and familiarity with the text.
DEADLINE DAYS PRIOR CRIM. PRACTICE
STANDARDS REF.
Motions Hearing
Objections to Rule 404(b) notices 7 days after notice filed III(D)
Objections to ends of justice continuance 7 days after motion filed III(B)(2)(d)
Courtesy copy of plea agreement 5 business days prior V(B)(2)
Exhibits and witness list 2 business days prior IV(B)(2) &
IV(C)(2)(a)
Prior to Trial Preparation Conference
Motions in limine 14 days III(G)(2)
Responses to motions in limine 7 days III(G)(2)
Proposed jury instructions and verdict form 7 days IV(F)(2)
Final exhibit list 7 days IV(B)(2) & IV(F)(1)
Final witness lists 7 days IV(C)(2)(b) &
IV(F)(1)
Estimates for cross-examinations of opposing 7 days IV(C)(2)(b)
party’s witnesses
Prior to Trial
Realtime, daily, or hourly proceeding transcript 30 days II(B)
request
Designations and objections regarding deposition 21 and 14 days IV(D)(1)
designations
Questions to Courtroom Deputy regarding 14 days II(A)
courtroom technology
Trial briefs 7 days IV(G)(2)
Glossary 5 business days IV(J)(1)
Exhibit notebooks (3) and USB flash drive (1) 2 business day IV(B)(3)(b) &
IV(B)(5)
Final witness list (4) First day of trial IV(C)(3)
Prior to Sentencing Hearing and Supervised Release Revocation Hearing
Sentencing-related motions or statements 14 days VI(A)(1)
Supervised release violation report 7 days VII(A)
Sentencing statement and response 7 and 5 days VII(B)(1)-(2)
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