Standing Order Regarding Pretrial and Trial Procedures
(Civil Cases)
Judge Charlotte N. Sweeney
United States District Court
District of Colorado
Courtroom A702
Alfred A. Arraj Courthouse
Chambers A738
901 19th Street Denver
Denver, CO 80294
Telephone: (303) 335-2610
Email:
[email protected]
Revised: December 20254
I. GENERAL PROCEDURES
A. Communications with Chambers
Inquiries to Chambers (e.g., questions about procedures and standards)
should be made via email to
[email protected].
Please copy opposing counsel or opposing pro se parties on all emails.
Please do not contact Chambers about substantive matters as Chambers
staff cannot give legal advice or grant informal requests not made via
motion. For information about filing documents electronically please contact
the ECF Help Desk at
[email protected] or (303) 844-3433.
B. Citations
This Standing Order should be cited as CNS Civil Standing Order, Part,
Section, Subsection, and Paragraph (e.g., CNS Civ. Standing Order
III.E.4.a).
II. COURTROOM PROCEDURES
A. Courtroom Operations
For information regarding the courtroom, including telephonic or video
connection (if such remote appearances have been granted by the Court),
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, Julie Dynes, at
[email protected] or (303) 335-2054. 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.
For trial or evidentiary hearings, please contact Ms. Dynes at least 14 days
prior with any questions 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.
B. Recording of Proceedings
1. The realtime court reporter assigned to the Court is Sarah Mitchell.
Transcripts of proceedings may be ordered from Ms. Mitchell by
email at
[email protected]. Requests for
realtime or daily rough draft transcripts must be made at least 30
days before trial. For further details, contact Ms. Mitchell.
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2. The realtime and rough draft transcripts are unedited and uncertified
and may contain untranslated stenographic symbols, an occasional
reporter's note, a misspelled proper name, and/or nonsensical word
combinations. All such entries will be corrected on the final certified
transcript when ordered. Due to the need to correct entries prior to
certification, counsel shall use the realtime draft only for the purpose
of augmenting counsel's notes. It shall not be used or cited in any
court proceeding or distributed to any other parties. By
purchasing a realtime transcript, purchaser agrees to the terms and
conditions for the use of this rough draft.
III. TRIALS
A. Final Pretrial Order and Conference
The Court will hold a Final Pretrial Conference as prescribed by Fed. R. Civ.
P. 16(e) and D.C.COLO.LCivR 16.3. The Final Pretrial Order Form can be
found at http://www.cod.uscourts.gov/CourtOperations/RulesProcedures/
Forms.aspx.
At least 14 days before the scheduled date of the Final Pretrial
Conference, counsel shall meet and confer to develop jointly the contents
of the proposed Final Pretrial Order. It is the responsibility of Plaintiff’s
counsel (but if Plaintiff is pro se, it shall be Defendant’s counsel’s
responsibility) to schedule meetings and then file and submit the proposed
Final Pretrial Order. If the parties agree, Plaintiff may delegate responsibility
for filing and submission to Defendant.
Unless otherwise ordered, the parties shall submit their proposed Final
Pretrial Order no later than seven days before the date of the Final
Pretrial Conference. The proposed Final Pretrial Order should be filed in
CM/ECF and submitted electronically in editable (Word) format directly to
Chambers at
[email protected].
B. Trial Settings
Whenever practicable, dates for the trial and the Trial Preparation
Conference will be given to the parties during the Final Pretrial Conference.
The parties shall be prepared to accept a trial date within three to six months
of the date of the Final Pretrial Conference.
C. Length of Trial
Should the parties request a trial lasting longer than five days, before a trial
date can be set, counsel shall be prepared to present argument to the Court
as to why a trial longer than five days is necessary.
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D. Motions In Limine
Motions in limine are strongly discouraged when the motion cannot be
resolved until evidence is presented at trial. Instead, such evidentiary issues
can be flagged in a trial brief. If motions in limine are filed, they must be filed
21 days before the Trial Preparation Conference. Any responses to the
motions in limine shall be filed 14 days before the Trial Preparation
Conference.
Conferral and One Motion Limit: Prior to filing a motion in limine, counsel
shall confer with one another 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.
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.
Each motion and response shall be limited to eight pages unless there is
a showing of good cause and the Court grants leave to extend the page
limits. 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.
E. Trial Preparation Conference
The Trial Preparation Conference will typically be held approximately 14
days before trial. Counsel who will try the case must attend. Seven days
before the Trial Preparation Conference, the parties shall file in CM/ECF
their proposed voir dire questions.
If parties want to use a jury questionnaire, they must confer and then
provide by email a draft questionnaire in editable (Word) format to
[email protected] at least seven days prior to the
raise the issue at the Trial Preparation Conference.
F. Jury Instructions and Verdict Form
Clear and concise jury instructions are imperative. While the Court
encourages the use of stock and model instructions, counsel should review
those instructions with the average layperson in mind and modify language
that is overly complicated or “lawyerly.”
Where possible, jury instructions and verdict forms will be finalized before
the trial begins. This will allow counsel to refer to the instructions in opening
statements and throughout the presentation of evidence. In addition, the
Court may utilize the jury instructions in advising the jury before the trial
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begins. Of course, the jury instructions will be revisited at the close of
evidence and the Court will hold a charging conference to ensure that
counsel has the opportunity to offer additional or alternative instructions
based on the evidence.
1. The Court requires preparation and submission of instructions 21
days before the Trial Preparation Conference, so counsel and the
Court can devote the time necessary for this crucial task before other
trial preparation demands become overwhelming.
2. The parties shall meet and confer to stipulate to the verdict form, as
many proposed jury instructions as possible, and a joint statement of
the case. Only true conflict or uncertainty in binding substantive law
should prevent agreement. It is Plaintiff’s counsel’s responsibility
(but if Plaintiff is pro se, it shall be Defendant’s counsel’s
responsibility) to submit stipulated jury instructions (and, if
applicable, a stipulated verdict form) directly to Chambers in editable
(Word) format via email (
[email protected])
with a copy to opposing counsel/party, at least 21 days before the
Trial Preparation Conference. Similarly, competing and non-
stipulated instructions should also be submitted to Chambers via
email by the party proffering such instructions at least twenty-one
days before the Trial Preparation Conference. Instructions shall
NOT be filed via CM/ECF. The Court will consider only those jury
instructions and verdict forms tendered using the procedures
described below.
3. The Court generally follows the most current editions of the form
instructions provided in Federal Jury Practice and Instructions (for
federal claims and introductory instructions) and the Colorado Jury
Instructions – Civil (for state claims). However, the Court encourages
counsel to carefully read and tailor any form instruction to the facts
and circumstances of the particular case as well as to edit such
instructions to use plain language.
4. Categories of Jury Instructions: The Court contemplates three
categories of jury instructions, as described below. In order to assist
the Court in distinguishing among the different instructions, at the
bottom of each instruction (immediately preceding the legal
authority), the instruction should be identified as “Stipulated,”
“Competing,” or “Non-Stipulated,” and, in the case of competing or
non-stipulated instructions, should also identify the party tendering
the instruction (e.g., “Plaintiff’s Competing Instruction,” “Defendant’s
Non-Stipulated Instruction.”)
a. Stipulated Instructions: Stipulated instructions are those
instructions about which the parties agree after conferral.
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There should be no duplication of stipulated instructions (or
verdict forms); i.e., if the parties stipulate to a particular
instruction or a verdict form, then that instruction or form
should be submitted as stipulated only, and no similar
instruction or form should appear in any party’s competing or
non-stipulated instructions.
b. Competing Instructions: Competing instructions are those
instructions about which all parties agree that an instruction is
necessary but disagree about the content of that instruction.
c. Non-Stipulated Instructions: Non-stipulated instructions are
those instructions requested by a party (or parties) to which
any other party objects, but does not request/tender a
competing instruction.
d. Each proposed competing or non-stipulated instruction should
contain, at the bottom of the instruction, one paragraph of
argument from each side, including citations to legal authority,
explaining why the instruction is tendered or opposed. No
separate objection should be filed.
5. Format of Proposed Jury Instructions
a. Proposed instructions should NOT be numbered. Each
proposed instruction should contain a title, which shall be
centered in bold.
b. If the parties edit a form, model, or pattern instruction, the
parties shall either redline/track such changes or specifically
describe them at the bottom of the instruction.
c. Proposed instructions should be submitted with “hard page
breaks” (not the use of “hard returns”) between each
instruction.
d. Stylistic conventions. When referring to this Court in the body
of the instructions, always capitalize the word “Court.”
Additionally, do not use articles when referring to the parties,
but do capitalize the parties’ names or designation. Thus, the
preferred format is: “Plaintiff Smith” or “Mr./Ms./Mx. Doe” or
“XYZ Corp.” rather than “the Plaintiff/Defendant.” Please be
mindful of a party’s preferred pronouns. Please proofread
submissions carefully.
6. Verdict Form: As with jury instructions, the Court urges counsel to
confer and to craft a stipulated verdict form that is understandable to
lay persons. The verdict form should provide a roadmap for the jury
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as to each claim and affirmative defense, as well as specific
instructions about where to proceed in the verdict form, if, for
example, a Plaintiff fails to prove an element of a claim. See Fed. R.
Civ. P. 49(a). The verdict form shall not be filed via CM/ECF; it should
be submitted pursuant to the same deadlines and method provided in
subsection F.2.
7. Charging Conference: The Court will examine the jury instructions
and verdict form again when it holds the charging conference before
the case goes to the jury. The parties will have another opportunity to
request changes or additions to the proposed instructions and verdict
forms and to state their objections on the record.
8. Final Instructions and Verdict Form: Court staff will prepare a final,
clean set of instructions and the verdict form for the jury.
G. Exhibits
1. Format: Parties must use the exhibit list available on the District
Court website at http://www.cod.uscourts.gov/JudicialOfficers/
ActiveArticleIIIJudges/HonCharlotteNSweeney.aspx. Parties must
pre-mark all exhibits that will be used or identified for the record in
trial.
2. The parties shall submit a single, joint list of exhibits listed
numerically and consecutively using the exhibit list form. Parties shall
file their final joint exhibit list via CM/ECF no later than seven days
before the Trial Preparation Conference. Final trial exhibit lists shall
be filed via CM/ECF by noon the Friday before trial.
3. One USB flash drive and two exhibit notebooks, one containing
the original exhibits and one containing copies of the exhibits for the
Court, shall be provided to the courtroom deputy the first day of trial
or evidentiary hearing. 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.”
a. The Courtroom Deputy will place the original exhibit
notebook(s) in the witness box. Thus, when asking a witness
to look at an exhibit, the party may simply say, “Please look at
Exhibit No. __ in the notebook in front of you,” and the witness
will be able to refer to the exhibit in the original exhibit
notebook. Please note that electronic copies may be used in
place of referring the witness to the notebook.
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4. Exhibits Preparation:
a. The parties must pre-mark all exhibits that will be used or
identified for the record.
b. 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.
c. 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.
d. In order to create a joint list, the parties must provide a copy
of each exhibit to each other before trial.
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.
H. Witness Lists
1. Format: Parties must use the form of witness list available through
the District Court website at http://www.cod.uscourts.gov/Judicial
Officers/ActiveArticleIIIJudges/HonCharlotteNSweeney.aspx.
2. When to File: Each party shall submit a list of its proposed witnesses
as set forth below:
a. Parties shall file their witness lists via CM/ECF no later than
seven days before the Trial Preparation Conference. Final
trial witness lists shall be filed via CM/ECF by noon the Friday
before trial.
b. Two days after witness lists are filed, the parties shall file
estimates of the time required for their cross-examination of
the opposing party’s witnesses.
3. Final witness lists shall include 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.
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I. Depositions
1. Together with Fed. R. Civ. P. 32, this Standing Order governs the
use of both regular and videotape depositions in Court proceedings.
2. When needed during witness testimony, a party shall deliver to the
Courtroom Deputy the sealed, original transcript of the deposition.
3. If the parties intend to offer deposition testimony in lieu of a live
witness at trial:
a. Not later than 30 days prior to trial, counsel shall exchange
with each other their designation of anticipated deposition and
videotaped deposition testimony. Plaintiff’s designations shall
be highlighted in yellow; Defendant’s designations highlighted
in blue; and any other party’s in green. Subsequent to the
original exchange, and not later than 21 days prior to trial,
counsel shall notify opposing counsel of any counter-
designated deposition testimony, exchange objections to all
designated testimony, and make a good-faith attempt to
resolve such objections.
b. Not later than 14 days prior to trial, the parties shall submit
directly to Chambers the transcript of the designated
deposition testimony, highlighted as set forth above, along
with the objections thereto highlighted in red, with a notation
as to the basis for the objection and a response to such
objection.
c. The Court will attempt to resolve disputes regarding the
admissibility of properly designated deposition testimony prior
to trial. However, if the Court does not rule on the admissibility
of deposition testimony before trial, as with all other live
testimony, objections shall be raised at the time the deposition
testimony is presented.
d. To accommodate evidentiary objections to deposition
testimony presented by video, the proponent must have the
technical ability to “mute” excluded responses and efficiently
“fast forward” to the next segment of testimony.
4. For jury trials, if evidence will be presented through a written
deposition transcript, the proponent shall supply a person to read
from a written deposition transcript.
5. For bench trials, depositions will usually not be read in open Court.
Instead, the Court will read them in Chambers in any sequence
requested. At the beginning of the trial, the offering party shall
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provide the Courtroom Deputy with two copies of the relevant
deposition transcript marked as an exhibit with Plaintiff’s designated
portions highlighted in yellow, Defendant’s in blue, and any other
party’s in green. If there is any dispute or objection concerning such
testimony, see subsection 3 above.
J. 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.
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.
K. 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 5:00 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. The jury in civil cases will normally consist of nine jurors. Pursuant to
Fed. R. Civ. P. 47(b) and 28 U.S.C. § 1870, each side shall have
three peremptory challenges.
3. Voir Dire: After potential jurors are seated in the courtroom, the Court
will give a brief statement of the case and conduct initial voir dire.
a. The parties will conduct the remainder of the voir dire
examination. The Court will not set any time limits on voir dire
but reserves the right to do so if the parties are taking too long,
repetitive, or condescending.
4. Jurors will be permitted to take notes during the trial. Jurors will be
permitted to submit written questions for witnesses to the courtroom
deputy while the witness is on the stand. The parties will approach
the bench to read the proposed question(s) and raise any objections.
Based on the objections, the Court may read, modify, or reject the
question(s).
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.
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7. The parties are not required to remain behind the lectern. It is useful,
however, for the reporter if parties use the microphone at the lectern.
Please speak slowly for the reporter. The parties should also remind
their witnesses to speak slowly and clearly.
L. Trials To Court
1. Trials to court will begin at 8:30 a.m. on the first day of trial.
2. Not less than two business days before the Trial Preparation
Conference, counsel and any pro se party shall file proposed findings
of fact, conclusions of law, and orders. A copy shall also be emailed
to Chambers in Word format. Counsel and any pro se party are
requested to state their proposed findings of fact in the same order
as their anticipated order of proof at trial. Counsel and any pro se
party are requested to key their closing arguments to their proposed
findings of fact and conclusions of law and to emphasize the
evidence on which they rely to support their positions.
3. 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.
M. Trial Briefs
Trial briefs are encouraged but not required absent a specific Court order.
If filed, trial briefs shall not exceed ten pages and shall be filed no later than
two business days before the Trial Preparation Conference. A trial brief
may not be used as a substitute for a motion.
N. Opening Statements
The Court does not limit the length of opening statements but reserves the
right to interrupt if counsel becomes repetitive or argumentative. Parties
may use charts, graphs, and other demonstrative aids in opening
statements. Such aids must be exchanged no later than three business
days before trial so that objections can be resolved before trial.
O. Closing Arguments
The Court will not place time limits on closing arguments. The parties are
required to adhere to the evidence admitted during the trial but may argue
inferences from the evidence, use analogies, or employ other tactics that
would be useful for the jury.
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Table of Pretrial/Trial Deadlines
Note: This table is provided for the convenience of parties. It does not include all the dates
and deadlines listed within the Judge’s Civil Standing Order.
DEADLINE DAYS PRIOR CNS CIV. STANDING
ORDER REF.
Prior to Final Pretrial Conference
Meet and confer regarding Final Pretrial Order 14 days III.A
Final Pretrial Order 7 days III.A
Prior to Trial Preparation Conference
Proposed jury instructions and verdict form 21 days III.F
Motions in limine 21 days III.D
Responses to motions in limine 14 days III.D
Proposed voir dire questions 7 days III.E
Joint list of exhibits 7 days III.G.2
Witness lists 7 days III.H.2.a
Estimates for cross-examinations of opposing 5 days (or two days III.H.2.b
party’s witnesses after witness lists are
filed)
Proposed findings of fact, conclusions of law, 2 business days III.L.2
and orders (bench trials only)
Trial briefs 2 days III.M
Prior to Trial
Realtime or daily rough draft request 30 days II.B
Exchange deposition designations 30 days III.I.3.a
Counter-designations and objections regarding 21 days III.I.3.a
deposition designations
Transcript of designated deposition testimony 14 days III.I.3.b
and objections
Questions to Courtroom Deputy regarding 14 days II.A
courtroom technology
Glossary due (3 total) 5 business days via III.J & Civ. Practice
email and 3 copies on Standard
the first day of trial 43.1A(d)(1)
Exhibit notebooks (2) and USB flash drive (1) Morning of first day of III.G.3
trial
Final witness and exhibit lists Friday before trial by III.H.2 and III.G.2
noon
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