IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Regina M. Rodriguez
STANDING ORDER REGARDING TRIAL AND PRE-TRIAL PROCEDURES
(Effective December 31, 20252)
It is hereby ORDERED that parties litigating before this Court must comply with
following procedures for trial and for pre-trial preparations:
I. PRE-TRIAL PROCEDURES
A. Obtaining a Trial Date.
1. If no party seeks to file a motion for summary judgment, Counsel
shall jointly contact Chambers no later than ten (10) days after the
close of discovery to obtain dates for trial and for a trial preparation
conference.
2. If summary judgment motions are filed, the parties shall jointly
contact Chambers no later than thirty (30) days after the Court
has issued a ruling on any summary judgment motions to obtain
a trial date and a date for a trial preparation conference.
3. The parties should contact Chambers via email. Emails to Chambers
requesting trial dates shall be sent during business hours on
Tuesdays and shall include in the subject line: the case name, the
case number, and “REQUEST FOR TRIAL DATE.”
4. Should the parties request a trial lasting longer than five (5) days,
before a trial date can be set, counsel should be prepared to present
argument to the Court as to why a trial longer than five (5) days is
necessary.
B. Final Pretrial Order.
1. The Parties shall file via CM/ECF the Proposed Pretrial Order no
later than ninety (90) days before the Trial Preparation
Conference.
2. The form to be used for the Proposed Pretrial Order can be found on
the District Court’s website.
C. Trial Preparation Conference.
1. A trial preparation conference shall be held approximately six (6)
weeks prior to trial.
2. Not later than seven (7) days prior to the Trial Preparation
Conference, after substantively and meaningfully meeting and
conferring, the parties shall file via CM/ECF the following:
a. Witness List. The parties shall submit a single, joint list of
witnesses. It should include the proposed order of witnesses,
the anticipated length of testimony, and the expertise of any
testifying experts. The parties shall also advise the Court
whether they intend to request that any witnesses appear by
video, pursuant to RMR Standing Order Regarding Trial and
Pre-Trial Procedures II.D.1. (below). The form for the Witness
List is available on the Court’s website.
b. Exhibit List. The parties shall submit a single, joint list of
exhibits. The form for the Exhibit List is available on the
Court’s website.
c. Deposition Designations/Objections. 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. These designations shall
include the cover page, the signature page, and those pages
designated by the parties. Plaintiff’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.
d. Proposed Jury Instructions. To the maximum extent
possible, the parties shall agree on one stipulated set of
proposed jury instructions; only true conflict or uncertainty in
binding substantive law should prevent such agreement. The
parties shall email Chambers a Word version of their jury
instructions and verdict forms.
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i. For claims arising under Colorado state substantive
law, the Court prefers to use the Colorado Jury
Instructions – Civil. For employment claims arising
under federal law, the Court prefers to use the Faculty
of Federal Advocates Model Employment Law Jury
Instructions. For other claims arising under federal
law, the Court prefers to use the Federal Jury Practice
and Instructions – Civil.
ii. If counsel propose that the Court give an instruction
other than the instruction that is provided in the
applicable form jury instructions, counsel must provide
the proposed version and highlight or redline any
language which differs from the applicable form jury
instruction. In addition, counsel must identify any case
law and quote the specific portion of the case allowing
for the proposed alteration or difference from the
applicable form jury instruction.
iii. Where disputes exist—e.g., where a proposed
instruction is a “Competing” or “Non-Stipulated”
instruction—each disputed instruction should contain,
at the bottom of the instruction, a brief statement
describing the dispute, identifying any supporting case
law, and quoting the specific portion of the case
supporting the parties’ respective position(s).
(A) “Competing” instructions are those
instructions about which all parties agree that
an instruction is necessary but disagree about
the content of that instruction.
(B) “Non-Stipulated” instructions are those
instructions requested by a party to which any
other party objects but does not
request/tender a competing instruction.
iv. It is helpful to the Court for the parties to provide a label
at the bottom of each proposed instruction
(immediately preceding the legal authority), identifying
the proposed instruction as “Stipulated,” “Competing,”
or “Non-Stipulated,” and, in the case of Competing or
Non-Stipulated instructions, to also identify the party
tendering the instruction (e.g., “Plaintiff’s Competing
Instruction,” “Defendant’s Non-Stipulated Instruction”).
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v. It is also helpful for the Court to have an appendix, in
chart form, of the disputed instructions that includes the
following columns: (a) disputed instruction number, (b)
the language of Plaintiff’s proposed instruction, and (c)
the language of Defendant’s proposed instruction.
e. Proposed Verdict Forms.
f. Proposed Voir Dire. Counsel should jointly file via CM/ECF
any proposed voir dire questions they are specifically
requesting the Court to ask the jury panel. The Court will
generally allow each party 15 minutes to conduct their own
voir dire. The parties need not propose to the Court any voir
dire questions that they intend to ask themselves. The Court
also has stock questions it will ask. The parties may obtain a
copy of the Court’s stock questions from the Courtroom
Deputy, Kally Myhaver,
[email protected].
II. TRIAL PROCEDURES
A. Trial Briefs. Trial briefs are permitted, but they are not required absent
specific order. If filed, trial briefs shall not exceed ten (10) pages and shall
be filed no later than five (5) business days before trial. Please flag
evidentiary issues in a trial brief rather than by motion in limine. However,
a trial brief may not be used as a belated substitute for a motion that must
be filed as a motion.
B. Before a trial commences, each party shall submit to the Courtroom Deputy
three paper copies each of the Witness List and Exhibit List.
C. Exhibits.
1. Each party must pre-mark all exhibits that will be used or identified
for the record in a trial. The case number shall appear on each
exhibit sticker or label. Whenever possible, each party must provide
a copy of each exhibit to opposing counsel or any pro se party before
a trial, pursuant to the Pretrial Order. Exhibits not timely pre-marked
or exchanged before a trial may not be admitted.
2. 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.” Exhibit notebooks should be delivered
to Chambers by 9:00 a.m. at least two (2) business days before
commencement of a trial. If exhibits are not bound and labeled
properly, the trial may be delayed or continued until they are.
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3. Number of Exhibits. Separate sets of bound exhibits shall be
brought for (1) the Court and (2) the witness stand. In addition, a third
electronic copy should be brought to the Court via a thumb drive.
D. Testimony by Telephone or Video Conference.
1. A party may request that testimony be presented by telephone or
video conference at a trial. The Court will generally be amenable to
allowing video testimony. Parties should meet and confer to reach
agreement about proposed telephone or video conferences. A
request for presentation of testimony by telephone or video
conference shall be made by written motion or stipulation filed at
least seven (7) days before the trial at which testimony is proposed
to be taken by telephone or video conference.
2. Please refer to the Cisco Meeting App Tips and Instructions for the
use of telephone or video conference technology.
3. Technology. Pursuant to Civ. Practice Standard 43.1A(e), the
parties are responsible for ensuring that they are familiar with and
have access to and/or have obtained all technology needed for any
trial. For information about courtroom technology and trial
preparation, please contact the Courtroom Deputy, Kally Myhaver,
[email protected].
DATED: December 31, 20225
BY THE COURT:
_____________________________
REGINA M. RODRIGUEZ
United States District Judge
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III. TABLE OF PRETRIAL/TRIAL DEADLINES
Note: This table is provided for the convenience of the parties appearing before Judge
Rodriguez. It does not include all the dates and deadlines listed within the Court’s Civil
Practice Standards and Standing Orders and is not a substitute for knowledge of and
familiarity with those texts.
Deadline Days Prior to/After Reference to Applicable
Practice
Standard/Standing
Order/Rule
After the Defendant’s Submission of a Responsive Pleading or Motion
For employment cases 30 days Civ. Practice Standard
which challenge one or 26.1A(c)
more employment actions
alleged to be adverse,
except the employment
actions listed in Civ.
Practice Standard
26.1A(b):
The parties shall provide to
one another the
documents and information
described in the Initial
Discovery Protocols,
located on the District
Court’s website, for the
relevant time period.
After the Deadline for the Disclosure of Rebuttal Witnesses
File motions pursuant to 30 days Civ. Practice Standard
Federal Rule of Evidence 7.1C(a).
702, 703 and any motion
to strike an expert on the
basis of discovery
violations.
After the Close of Discovery
For cases, not including 10 days RMR Standing Order
Social Security cases, in Regarding Rule 56
Motions II.A., III.A.
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which there is no pro se
party:
Notify the Court of intent to
file motions pursuant to
Fed. R. Civ. P. 56.
Where the parties do not 10 days RMR Standing Order
intend to file motions Regarding Trial and Pre-
pursuant to Fed. R. Civ. P. Trial Procedures I.A.1.,
56: I.A.3.
During business hours on
a Tuesday, contact
Chambers to obtain a trial
date.
File a Status Report 14 days Civ. Practice Standard
regarding settlement 16.6(a).
discussions.
Prior to the Rule 56 Pre-Motion ConferenceHearing
File the parties’ joint chart 3 business days RMR Standing Order
of facts pertinent to any Regarding Rule 56
proposed motion pursuant Motions IV.A.
to Fed. R. Civ. P. 56.
After a Ruling on Rule 56 Motions
During business hours on 30 days RMR Standing Order
a Tuesday, contact Regarding Trial and Pre-
Chambers to obtain a trial Trial Procedures I.A.2.–3.
date.
Prior to the Trial Preparation Conference
File the Proposed Pretrial 90 days RMR Standing Order
Order. Regarding Trial and Pre-
Trial Procedures I.B.1.
Substantively meet and More than 7 days RMR Standing Order
confer regarding: Regarding Trial and Pre-
1. Witness List Trial Procedures I.C.2.
2. Exhibit List
3. Deposition
Designations/Objections
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4. Proposed Jury
Instructions
5. Proposed Verdict Forms
6. Proposed Voir Dire
File: 7 days RMR Standing Order
1. Witness List Regarding Trial and Pre-
2. Exhibit List Trial Procedures I.C.2.
3. Deposition
Designations/Objections
4. Proposed Jury
Instructions
5. Proposed Verdict Forms
6. Proposed Voir Dire
Prior to Trial
Provide to opposing 30 days RMR Standing Order
counsel or any pro se party Regarding Trial and Pre-
a copy of each exhibit. Trial Procedures II.C.1;
Form Proposed Final
Pretrial Order and
Instructions (found on the
District Court’s website).
Request daily transcripts 30 days Civ. Practice Standard
from the Court Reporter. 43.1A(c)(2).
File a motion requesting 7 days RMR Standing Order
the presentation of Regarding Trial and Pre-
testimony by telephone or Trial Procedures II.D.1.
video conference.
Request realtime 7 days Civ. Practice Standard
transcripts from the Court 43.1A(c)(2).
Reporter.
File any trial briefs. 5 business days RMR Standing Order
Regarding Trial and Pre-
Trial Procedures II.B.
File a glossary of any 5 business days Civ. Practice Standard
difficult, unusual, scientific, 43.1A(d)(1).
technical, and/or medical
jargon, words, names,
terms, and/or phrases.
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Deliver exhibit notebooks 2 business days RMR Standing Order
to Chambers by 9:00 a.m. Regarding Trial and Pre-
Trial Procedures II.C.2.
Submit to the Courtroom Morning of the first day of RMR Standing Order
Deputy three paper copies trial Regarding Trial and Pre-
each of the: Trial Procedures II.B.
1. Witness List
2. Exhibit List
Submit three paper copies Morning of the first day of Civ. Practice Standard
of the Glossary to the trial 43.1A(d)(2).
Courtroom Deputy, and
submit additional paper
copies of the Glossary to
opposing counsel and any
pro se party.
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