S. Kato Crews
United States District Judge
Byron G. Rogers United States Courthouse
Courtroom C201
(303) 335-2124
[email protected]
STANDING ORDER FOR CIVIL CASES
Revised: January 1, 2026
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Contents
A. Introduction .......................................................................................................................................... 3
1. The Uniform Civil Practice Standards ........................................................................... 3
2. The Court’s Mission ................................................................................................................ 3
3. Statement Re: Attorney Mentoring & Training .......................................................... 3
4. Notice Encouraging Consideration of Consent to Magistrate Judge
Jurisdiction ......................................................................................................................................... 4
B. Communications with Chambers ..................................................................................................... 4
C. Motions Practice ................................................................................................................................. 5
1. Duty to Confer Before Filing a Motion ........................................................................... 5
2. Certification Re: Use of Generative Artificial Intelligence (AI) for Drafting 6
3. Format of Pleadings and Documents Presented for Filing ................................... 6
4. Motions for Summary Judgment ...................................................................................... 6
D. Proposed Final Pretrial Order .......................................................................................................... 9
E. Trial Information ............................................................................................................................... 10
ATTACHMENT 1 ................................................................................................................................... 14
ATTACHMENT 2 ................................................................................................................................... 17
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A. Introduction
1. The Uniform Civil Practice Standards
This Court subscribes to the United States District Court for the District of
Colorado Uniform Civil Practice Standards. This Standing Order supplements the
Uniform Civil Practice Standards. Civil litigants before this Court are expected to be
familiar and comply with the Uniform Practice Standards, this Standing Order, the
Local Rules of Practice, and the practice standards of the magistrate judge assigned
to their case. The Uniform Civil Practice Standards are available on this U.S. District
Court’s website.
2. The Court’s Mission
The mission of the United States District Court for the District of Colorado is
“to serve the public by providing a fair and impartial forum that ensures equal access
to justice in accordance with the rule of law, protects rights and liberties of all
persons, and resolves cases in a timely and efficient manner.” Litigation is an
emotional, stressful, time-consuming, and expensive process. The Court’s mission is
best served when litigants treat each other with civility and professionalism. Though
litigation is understood to be an “adversarial” process, it is possible for counsel and
parties to disagree and zealously advocate their positions while at the same time
treating each other with courtesy and respect. The Court expects nothing less.
3. Statement Re: Attorney Mentoring & Training
The Preamble to the Colorado Rules of Professional Conduct acknowledge that
lawyers should “seek improvement of the law, access to the legal system, the
administration of justice and the quality of service rendered by the legal profession.”
These goals are best achieved when experienced lawyers provide inexperienced and
young lawyers, and lawyers from underrepresented backgrounds, opportunities to
participate in judicial proceedings. “Stand up time” for these lawyers is critical to
their development. Both non-evidentiary and evidentiary hearings before this Court
are opportune moments to afford these lawyers “stand up time.” This Court welcomes
and appreciates the active participation of inexperienced and young lawyers, and
lawyers from underrepresented backgrounds, in its courtroom. The Court encourages
seasoned lawyers to facilitate the mentoring and development of these lawyers that
will enrich the legal profession and the work of the United States District Court.
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4. Notice Encouraging Consideration of Consent to Magistrate Judge
Jurisdiction
This district’s magistrate judges play a crucial role in the work and structure
of the district court and the administration of justice. Under Local Rule 72.2, the
parties have the option to consent to their case being presided over by a magistrate
judge instead of a district judge. This court encourages parties to meaningfully confer
and consider consenting to magistrate judge jurisdiction. There are many benefits to
consenting. One such benefit is having a single judicial officer preside over every
aspect of your case rather than two. A second benefit is the certainty of not having
your trial date vacated when set before a magistrate judge. District judges preside
over felony criminal cases and those cases receive priority over civil cases because of
a criminal defendant’s speedy trial rights. Magistrate judges do not preside over
felony criminal cases, and therefore, they do not have to vacate civil trials because of
criminal cases.
If the parties do not choose to consent to magistrate judge jurisdiction, they
should keep in mind Local Rule 72.3. Under this rule, the parties may consent to
the final determination of a dispositive motion (motion for summary judgment or
motion to dismiss) by the assigned magistrate judge by filing a notice of consent for
that motion. Please refer to Local Rule 72.3 for more information on that option.
Consent to magistrate judge jurisdiction is voluntary, and no adverse
consequence will result if one or more parties decline to consent.
B. Communications with Chambers
My Chambers includes my judicial assistant, career law clerk, and term law
clerk. Your communications with my staff are expected to be professional and
respectful. If I learn any attorney contacted my Chambers and was rude or otherwise
disrespectful or inappropriate with my staff, I will take the matter up directly with
the attorney or law firm involved. Please instruct your staff accordingly in the event
members of your staff contact mine.
While the Court cannot engage in ex parte communications with counsel or
parties, my staff is available to answer questions of an administrative or logistical
nature. You should contact my Chambers only by a joint email to
[email protected]. My staff is not permitted to provide legal advice,
interpret orders or rules, grant oral requests, or provide specific information about
the progress of any pending motion.
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I also have a courtroom deputy assigned to Chambers. My courtroom deputy is
Cathy Pearson. Please direct questions regarding courtroom proceedings, technology,
or other equipment needs to her at (303) 335-2089 or
[email protected].
Documents required to be submitted to Chambers pursuant to local rule, court
order, or practice standards, shall be submitted via email to
[email protected]. Please include the case number, case name, and
document description in the subject line of the email.
C. Motions Practice
1. Duty to Confer Before Filing a Motion
I expect parties to take their conferral obligation seriously. Consistent with the
Federal Rules of Civil Procedure and the Local Rules of Civil Practice, parties have
an affirmative obligation to meet and confer prior to filing certain motions. This
includes motions to dismiss and motions for summary judgment. The duty to
meet and confer requires the parties to discuss the specific dispute at issue and the
requested relief, preferably by telephone or an in-person or virtual “face-to-face,” and
not solely through email or written correspondence, and provide opposing
counsel a reasonable amount of time to respond prior to filing a motion. The duty to
meet and confer also requires the parties to react timely and to be responsive over
the course of conferring. I expect the parties to return each other’s emails or
voice messages within 24 hours barring extenuating circumstances.
If your motion is opposed by the other side, your Certification of Conferral in
the motion must substantively describe your conferral efforts and must state
the reason given by opposing counsel or the opposing party for opposing
the motion. Statements to the following effect are insufficient and will not be
accepted: “Counsel certifies they conferred with opposing counsel before filing this
motion. The motion is opposed.” The Certificate of Conferral does not count against
any page limitations.
The duty to confer applies the same to those parties who are not represented
by counsel (pro se parties) unless the party who is not represented by counsel is
incarcerated. Pro se parties and attorneys who confer are expected to communicate
with each other respectfully and professionally at all times.
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2. Certification Re: Use of Generative Artificial Intelligence (AI) for
Drafting
The Court takes no position on attorneys’ use of generative AI in their filings,
other than it is imperative that attorneys who use AI double (and triple) check AI’s
work to avoid filing documents with erroneous and fictitious case law or other
references that mislead the Court and waste time. See, e.g., Colorado RPC 3.3. (“A
lawyer shall not knowingly: (1) make a false statement of material fact or law to a
tribunal or fail to correct a false statement of material fact or law previously made to
the tribunal by the lawyer[.]”). Thus, every substantive motion—including, but not
necessarily limited to, motions under Fed. R. Civ. P. 12, 56, and 65—and the
corresponding response and reply, shall contain an AI Certification regarding the use,
or non-use, of generative AI in preparing the filing.
The preparer of the filing must certify either that (1) no portion of the filing
was drafted by AI, or that (2) any language drafted by AI (even if later edited by a
human) was personally reviewed by the filer or another human for accuracy and all
legal citations are to actual, non-fictitious cases or cited authority. The Court will
strike any filing (without prejudice) from a party who fails to include the AI
Certification in the above-mentioned motions. The AI Certification does not count
against any page limitations.
3. Format of Pleadings and Documents Presented for Filing
The parties should follow Uniform Practice Standard 10.1 except that all
papers filed with this Court shall be in Century Schoolbook 12-point font,
including footnotes, and conform to the other formatting requirements (margins,
line spacing, etc.) of D.C.COLO.LCivR 10.1.
4. Motions for Summary Judgment
These rules apply over Uniform Practice Standard 7.1D:
a. Single Motion. Absent leave of Court and exceptional circumstances, a
party may file only one motion for summary judgment.
b. Page Limitations. Motions and responses shall not exceed 20 pages.
Replies shall not exceed 10 pages. These page limits shall not include
the cover page, table of contents (if any), signature block, certificate of
service, conferral certification, or AI certification.
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c. Before Filing a Motion for Summary Judgment. No later than
10 days after the close of discovery, a party intending to file a
motion for summary judgment must meaningfully confer with the
opposing party and jointly contact chambers by email to set a pre-motion
status conference with the Court. At that status conference, the movant
will be expected to explain which claims they intend to seek summary
judgment on, and the undisputed material facts which support moving
on those claims. And the Court will explain the chart (described below
and in Attachment 1) the parties must complete regarding the
Statement of Undisputed Material Facts. The Court will order a
deadline for filing motions for summary judgment at the status
conference.
If no party seeks to file a summary judgment motion, Counsel shall then
jointly email Chambers to obtain dates for trial and a trial preparation
conference.
d. Statement of Undisputed Material Facts. The parties shall file
separate Statements of Undisputed Material Facts using the three-
column chart found at Attachment 1, as follows:
1. For the Moving Party: A Statement of Undisputed Material Facts
in support of the motion must separately identify each material fact
claimed to be without dispute. Absent prior leave of Court, a movant
shall not file more than 80 separately-numbered statements of
undisputed material facts. In a three-column format, the statement
must state in numerical sequence the undisputed material facts in
the first column, followed by a specific reference to material in the
record that establishes those undisputed facts in that same column.
The pages of the chart are not included in the page limits for motions
for summary judgment. There is no page limit on the
evidence/exhibits attached in support of the motion.
2. For the Non-moving Party: A separate Statement of Undisputed
Material Facts in opposition to the motion for summary judgment
must contain the following in a three-column format: (a) in the first
column, the verbatim entries that were prepared by the movant at
step one; (b) in the second column, directly opposite the recitation of
the movant’s material facts and supporting evidence, the response
must state whether the fact is “disputed” or “undisputed.” An
opposing party who contends the fact is “disputed” must state, in the
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second column of the page directly opposite the fact in dispute, the
nature of the dispute followed by a specific reference to material in
the record that supports the position that the fact is controverted.
Also in the second column, after the Movant’s verbatim entries, the
opposing party shall set forth any additional material facts which it
contends are undisputed, followed by a specific reference to material
in the record that establishes those additional material facts as
undisputed in that same column. Absent prior leave of Court, a
respondent to a summary judgment motion shall not file more than
40 separately-numbered statements of additional facts. The pages of
the chart are not included in the page limits for the response. There
is no page limit on the evidence/exhibits attached in support of the
motion.
3. For the Movant’s Reply Filing: A separate Statement of
Undisputed Material Facts in support of the motion must contain the
following in a three-column format: (a) the first two columns shall
contain the verbatim entries prepared by movant at step one, and
the verbatim entries prepared by the responding party at step two;
(b) in the third column, directly opposite the recitation of the
opposing party’s material facts and supporting evidence, the reply
must state whether the fact is “disputed” or “undisputed.” The
moving party who contends the fact is “disputed” must state, in the
third column of the page directly opposite the fact in dispute, the
nature of the dispute followed by a specific reference to material in
the record that supports the position that the fact is controverted.
Also in the third column, if the moving party contests the opposing
party’s dispute of the moving party’s recitation of undisputed
material fact, the moving party may make specific reference to any
additional supporting material in the record.
4. Citing the Record: When making a specific reference to material
in the record which establishes a fact, general references are
insufficient if the document is longer than one page. A “specific
reference” means reference to: a page number; a line number; a
paragraph number; a CM/ECF Docket entry number (with additional
internal specific reference provided); or any combination of these
references to assist the Court to easily locate the pertinent
information. The effort at specificity may be further aided by
highlighting, underlining, or manually underscoring the pertinent
information.
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5. Editable Copy of the Chart for the Opposing Party: In addition
to filing its Statement of Undisputed Material Facts with the Court,
each party shall provide to the opposing party an editable electronic
version of its Statement in Word format for the opposing party’s use
in preparing its Statement. Thus, for example, the moving party
shall provide its Statement to the opposing party, with the first
column completed, and the opposing party shall provide its
Statement to the moving party, with the first and second columns
completed.
D. Proposed Final Pretrial Order
This Court presides over the Final Pretrial Conference. A Final Pretrial
Conference will be set after all dispositive motions have been ruled on, or, after the
dispositive motion deadline has passed and no motions have been filed. The parties
proposed Final Pretrial Order is due at least seven days before the combined Final
Pretrial Conference, and a Word version should also be emailed to chambers at
[email protected].
The proposed Final Pretrial Order should reflect the narrowing of issues to
those that will actually be tried, the witnesses that will be called, and the exhibits
that will be presented. The form proposed Final Pretrial Order available on our
district court’s website should be used, and shall incorporate the following changes
to that form:
a. Section 3: Claims and Defenses: Parties are discouraged from
submitting a narrative summary of the claims, defenses, facts, and legal
theories. If a narrative summary is included, it should not exceed one page,
and shall be in addition to the following: Separately enumerate each claim
and affirmative defense (a defense on which the Defendant bears the
burden of proof) that will be tried. (An example is at Attachment 2.) For
each claim and affirmative defense designate:1
i. the standard of proof and controlling law; and,
ii. each element that must be proved. Under each element,
identify the facts that establish that element, and reference
the witness whose testimony, or the exhibit the contents of
which, will establish that fact at trial.
b. Section 4: Stipulations: To save time and expense, and to focus the trial,
1 Any claims or affirmative defenses not specifically identified may be deemed waived.
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the parties shall stipulate to all material facts that are not in dispute.2
Stipulated facts will be included in a jury instruction given to the jury prior
to opening statements.
c. Section 6: Witnesses: In addition to listing witnesses as required by the
form, the parties should also attach their witness lists using the form found
on the Court’s website on the page for Judge Crews.
d. Section 7: Exhibits: Only the parties’ exhibit lists should be attached,
using the form found on the Court’s website on the page for Judge Crews.
E. Trial Information
1. Motions in Limine: These motions are allowed. The Court will set a
deadline for their submission at the Final Pretrial Conference.
2. Fed. R. Evid. 702 Motions: The deadline for filing these motions is the
same as the date set for the Final Pretrial Conference. In other words, if the Court
sets the Final Pretrial Conference for March 5, 2026, the deadline for filing Rule 702
motions is March 5, 2026.
3. Trial Briefs: Trial briefs are encouraged only where there are unusual
issues of law. They should be filed 14 days before trial. They should not exceed 10
pages and should not attach exhibits.
4. Trial Readiness Conference: Within one week of commencement of
trial, the Court will set a Trial Readiness Conference. Lead trial counsel must attend.
The purpose of the conference is to confirm the parties are ready for trial. This
includes confirming the parties have stipulated to the admissibility of as many trial
exhibits as possible, know the foundations they will need to set when seeking the
admission of any unstipulated exhibits at trial, have witnesses appropriately
subpoenaed or otherwise prepared to attend, etc., and may include bringing a sample
of any voluminous trial exhibits that the Court previously ordered the party to break
out into separate exhibits.
2 Please be cognizant of the difference between disputing the existence of a fact and
disputing the significance of that fact. A stipulation to the existence of a fact (e.g.,
that the sun set at 7:00 p.m. on the day in question) does not prevent the party from
arguing the significance of that fact (e.g., that there was or was not adequate daylight
at 7:00 p.m.).
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5. Final Witness and Exhibit Lists: By no later than Noon on the Friday
before the start of trial, the parties shall submit their respective final witness and
exhibit lists via CM/ECF.
6. Access to the Courtroom Prior to Trial: The courtroom will be made
available to all parties before the start of trial so they may bring in items for trial or
to test technical equipment. My Courtroom Deputy is Cathy Pearson. She can be
reached at (303) 335-2089 or
[email protected]. Please contact Ms.
Pearson in advance if you would like to access the courtroom before trial.
7. Jury Trials:
a. Proposed Jury Instructions and Verdict Forms: Jury instructions and
verdict forms shall be both e-filed on CM/ECF, and e-mailed to my
chambers (
[email protected]) in Word format. The
Court will order a deadline for submission of these materials at the Final
Pretrial Conference. Counsel (and any pro se parties) shall confer and
stipulate to as many instructions as possible. Up to four sets of
instructions should be submitted to the Court, as necessary: (1) one set
of stipulated jury instructions; (2) one set of opposed or disputed jury
instructions; (3) one set of stipulated verdict forms (if any); and/or (4)
one set of disputed or opposed verdict forms (if any). Jury instructions
should be appropriately titled and must include citations to
relevant authority in footnotes.
b. Exhibits:
i. Plaintiff’s exhibits should be marked using numbers. Defendant’s
exhibits should be marked using letters A through Z, then using
A-1 through A-99, then B-1 through B-99, etc. The parties
should avoid duplicate exhibits between their respective
lists. The parties must confer and stipulate to the
admissibility of as many exhibits as possible.
ii. There will be no juror exhibit notebooks. Instead, the Court will
provide a projector and television screen, or other technology, for
purposes of publishing admitted exhibits to the jury. The parties
may use the projector system provided by the Court or may bring
in their own technology for purposes of publishing exhibits.
Questions concerning exhibits and courtroom
equipment/technology may be directed to Ms. Pearson.
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iii. 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 to my courtroom deputy and court reporter.
The court reporter does not need media files such as videos or
photos, only document exhibits.
c. Voir Dire: If trial is to a jury, the Court will conduct an initial orientation
and voir dire. The Court’s voir dire is designed to address issues of juror
hardship. The Court will leave the inquiry of impartiality and potential
juror bias to the parties during their voir dire. Unless the Court is
persuaded otherwise, the parties will be permitted 20 minutes each to
conduct voir dire. In most circumstances, the Court does not condone
inculcating the jury pool with specific facts of the case during voir dire.
If there are questions about whether intended voir dire approaches that
line, those questions should be raised in advance.
d. Number of Jurors: The jury will normally consist of at least nine jurors,
with each side afforded three peremptory challenges. The Court will
inform the parties of the intended number of jurors for their specific case
during the Trial Preparation Conference. The Court does not seat
alternate jurors in civil cases.
e. Notes by Jurors: Jurors will be permitted to take notes during trial.
f. Time for Giving Jury Instructions: Preliminary instructions will be
given prior to opening statements. Final instructions will be given after
closing arguments.
g. Court Reporter:
i. Transcript of Proceedings: The proceedings will be transcribed by
my Court Reporter, Mary George. Any request for transcripts
should be directed to her at
[email protected], or
(303) 335-2109.
ii. Hard Copy Transcripts: If you require hourly or daily transcripts
for a trial, you must make arrangements with my Court Reporter
at least 14 days before trial. If you require hourly or daily copy
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transcripts for a hearing or oral argument, my Court Reporter
appreciates as much advance notice as possible.
iii. Realtime Reporting: If you require realtime reporting to your
laptop or other electronic device for a trial, you must make
arrangements with my Court Reporter at least 10 days before
trial. If you require realtime reporting for a hearing or oral
argument, you must consult with my Court Reporter prior to the
date of the proceeding to ensure that all technical issues have
been resolved prior to the commencement of the proceeding.
iv. Word List: If the trial contains technical or medical terms, a list
containing these words shall be provided to my Court Reporter by
email to
[email protected], no later than 8:00 a.m.
the Friday before trial.
[Attachments 1 and 2 follow.]
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ATTACHMENT 1
Format for Separate Statement of Undisputed Material Facts
Movant’s Statement
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Opposing Party’s Statement
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Moving Party’s Reply Statement
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ATTACHMENT 2
Format for Section 3 of Proposed Final Pretrial Order Form
Example:
Claim 1: Breach of contract under Colorado law: Plaintiff has burden of proof by a
preponderance of the evidence
Elements: (1)-(3) offer, acceptance, consideration
(a) the parties stipulate that these elements are satisfied
(4) performance by the plaintiff
(a) On March 3, 2004, Peter Plaintiff delivered one
crate of widgets to Widget Packers, Inc. (Testimony
of Peter Plaintiff; Don Defendant; Exhibits 1, 4)
(b) The widgets conformed to the specifications in
the contract. (Testimony of Peter Plaintiff; Exhibit
2)
(c) The widgets were delivered on the date set by
the contract. (Exhibit 2)
(5) non-performance by the defendant
(a) Widget Packers, Inc. failed to remit payment on
the terms set by the contract. (Testimony of Barry
Bookkeeper; Exhibit 2)
(b) Peter Plaintiff has made several written demands
for payment. (Peter Plaintiff; Exhibits 3, 5, 7)
(6) damages
(a) Peter Plaintiff has been damaged in the contract
amount of $10,000. (Testimony of Peter Plaintiff; Exhibit
2).
Claim 2: Unjust Enrichment under Colorado law: Plaintiff has burden of proof on
all elements by a preponderance of the evidence
Elements: (1) Defendant has received a benefit
(a) On March 3, 2004, Peter Plaintiff delivered one
crate of widgets to Widget Packers, Inc. pursuant
to a contractual agreement. (Testimony of Peter
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Plaintiff; Don Defendant; Exhibits 1, 2, 4).
(2) the benefit is at the Plaintiff’s expense
(a) Widget Packers, Inc. failed to remit payment on the
terms set by the contract. (Testimony of Barry
Bookkeeper, Exhibit 2)
(3) justice requires that Defendant reimburse the
Plaintiff for the benefit received
(a) The widgets have a market value of $15,000.
(Testimony of Peter Plaintiff)
(b) Don Defendant is in breach of the contract.
(Testimony of Peter Plaintiff)
Affirmative Defense to Claim 2: Failure to mitigate under Colorado law: Defendant
has burden of proof on all elements by a preponderance of the evidence
Elements:
(1) Plaintiff had a reasonable opportunity to avoid injury
(a) On March 5, 2004, Don Defendant left a
message on Peter Plaintiff’s voice mail offering to
return the crate of widgets unopened. (Testimony of
Don Defendant; Peter Plaintiff)
(b) On March 8, 2004, Don Defendant wrote to Peter
Plaintiff, offering to assign the contract for the
purchase of widgets to WidgetCo. (Don Defendant;
Warren Widget; Exhibit 6)
(2) Plaintiff unreasonably failed to avail itself of
opportunities to avoid injury
(a) Peter Plaintiff did not respond to the March 5,
2004 message. (Don Defendant)
(b) Peter Plaintiff did not respond to the March 8,
2004 (Don Defendant)
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