Standing Order Regarding Pretrial and Trial Procedures
(Civil Cases)
Magistrate Judge Cyrus Y. Chung
United States District Court
District of Colorado
Courtroom C205
Byron Rogers Courthouse
Chambers C254
1929 Stout St.
Denver, CO 80294
Telephone: (303) 335-2761
Email:
[email protected]
February 2025
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 CYC Civ. Standing Order
Part(Section)(Subsection)(Paragraph) (e.g., CYC Civ. Standing Order
III(E)(4)(a)).
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. 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, please contact the Courtroom Deputy 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
The realtime court reporter for the Court will be specifically assigned when a trial
is scheduled. Transcripts of proceedings may be ordered from the assigned court
reporter by email. Requests for realtime or daily rough draft transcripts must be
made at least 30 days before trial.
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
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found at http://www.cod.uscourts.gov/CourtOperations/RulesProcedures/
Forms.aspx.
At least fourteen 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.
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.
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 at least twenty-
one days before the Trial Preparation Conference. Any responses to the motions
in limine shall be filed fourteen 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
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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 fourteen
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. Routine questions (e.g., whether the jurors know any of the
parties, whether they have served on a jury, whether they have any legal training
or experience), need not be submitted as these will be included as part of the
Court’s standard voir dire.
If parties want to use a jury questionnaire, they must raise the issue at the Trial
Preparation Conference.
If counsel needs additional time for voir dire, opening statements, and closing
arguments than what is designated in Sections III(K)(3)(a), (N), and (O), counsel
must address the issue with the Court during 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 so that the jury instructions and verdict form are understandable to
laypersons.
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 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 twenty-one
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
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Chambers in editable (Word) format via email (Chung_Chambers
@cod.uscourts.gov) 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. The Court has template jury instructions for instructions commonly given
at every trial available at http://www.cod.uscourts.gov/Portals/0/
Documents/Judges/CYC/CYC_Closing_Jury_Instructions.pdf. Unless the
parties are proposing different instructions to replace these, there is no
need to include analogous instructions in their submissions.
5. 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. 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.
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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.
6. 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.
7. 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 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.
8. 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.
9. 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/
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ArticleIMagistrateJudges/HonCyrusYChung.aspx. Parties must pre-mark
all exhibits that will be used or identified for the record in trial.
2. The parties shall each submit a list of exhibits listed sequentially and
consecutively using the exhibit list form (by numbers for the Plaintiff(s)
and using alphabetical letters for the Defendant(s)). Parties shall file their
final exhibit lists 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 three exhibit notebooks for each side, one
containing the original exhibits and one containing copies of the exhibits
for the Court, shall be provided to the Courtroom Deputy by 9:00 a.m. at
least two business days before commencement of trial. 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. Parties shall contact Chambers via email prior to delivery of
exhibits and shall deliver the exhibits as directed by Chambers per
the designated deadline.
b. 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.
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. The parties shall confer and attempt to stipulate to the admissibility
of any exhibits.
e. No oversized exhibits are to be used unless requested by prior
motion and approved by the Court.
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f. If a particular exhibit has more than two pages and is not otherwise
paginated internally, pages within the exhibit shall be numbered
sequentially.
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/JudicialOfficers/
ArticleIMagistrateJudges/HonCyrusYChung.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.
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 thirty 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 twenty-one 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.
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b. Not later than fourteen 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 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, 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.
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
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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 — eight jurors
plus one alternate. 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. Counsel will have thirty minutes per party/party
group to conduct voir dire.
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.
7. The parties are not required to remain behind the lectern during voir dire.
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.
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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 five days
before the Trial Preparation Conference. A trial brief may not be used as a
substitute for a motion.
N. Opening Statements
Counsel will have thirty minutes per party/party group for opening statements.
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
Counsel will have sixty minutes per party/party group for 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.
P. Order and Mode of Presentation by Counsel in Trial
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. If a party is
entitled to two closing arguments, two attorneys may split closing arguments
between counsel.
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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 CYC 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 2 days after III(H)(2)(b)
party’s witnesses witness lists are filed)
Proposed findings of fact, conclusions of law, 2 business days III(L)(2)
and orders (bench trials only)
Trial briefs 5 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)
email and 3 copies on
the first day of trial
Exhibit notebooks (3) and USB flash drive (1) 2 business days III(G)(3)
Final witness and exhibit lists Friday before trial by III(H)(2) and
noon III(G)(2)
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