PRACTICE STANDARDS
(Criminal)
SENIOR JUDGE RAYMOND P. MOORE
UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO
Chambers A273, Second Floor
Alfred A. Arraj United States Courthouse
901 19th Street
Denver, CO 80294
Telephone: 303-844-3433 (Courthouse)
Telephone: 303-335-2784 (Chambers)
E-mail:
[email protected]
Judicial Assistant: Deanne Bader / 303-335-2784
E-mail:
[email protected]
Effective: January 17, 2025
I. GENERAL PROCEDURES
A. Applicable Rules
Those appearing in the District Court must know and follow:
1. The Federal Rules of Criminal Procedure;
2. The Federal Rules of Evidence;
3. The Local Rules of Practice of the United States District Court for the District of
Colorado;
4. The Electronic Case Filing Procedures; and
5. These Practice Standards.
B. Access to Local Rules and Practice Standards
1. Copies of the local rules are available on the District Court’s website
(http://www.cod.uscourts.gov/) under “Local Rules,” and from the Clerk of the
Court in Room A105.
2. Copies of these practice standards are available on the District Court’s website
(http://www.cod.uscourts.gov/) under “Judicial Officers.”
C. Communications with Chambers
1. My Judicial Assistant is Deanne Bader, at 303-335-2784.
2. For information about the status of a motion or document, please contact the
Clerk’s Office, at 303-844-3433.
3. For information about courtroom technology, trial preparation, or submission of
trial exhibits, please contact Nick Richards, Court Operations Supervisor, at 303-
335-2180.
4. To order a transcript or reach the Court Reporter who transcribed a trial or
proceeding, please contact my Judicial Assistant.
D. Proposed Orders
You may be directed to transmit proposed orders by electronic mail to
[email protected]. The proposed order or document should be submitted as
an attachment in Word format. The e-mail message should identify the case number and the
document attached. Do not send documents directly to chambers by facsimile or electronic mail
unless asked to do so.
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E. Motions to Continue
Motions to continue (including motions to vacate or reset) hearings and trials will be
determined pursuant to United States v. West, 828 F.2d 1468, 1469-70 (10th Cir. 1987) unless a
party seeks to continue a hearing or trial outside the Speedy Trial Act deadlines, in which case it
will be decided pursuant to the Speedy Trial Act. Oral or written motions to continue should not
be made at the time of a hearing or trial. Stipulations for continuance are not effective unless
approved by the Court.
F. Motions for Extensions of Time
1. Motions for extension of time require a showing of good cause, which must be
established with particularity. The following reasons do not constitute good
cause: agreement of counsel, inconvenience to counsel or to the parties; the press
of business; conflicts in scheduling; or practice as a sole practitioner.
2. Any motion for extension of time shall be filed no later than three business days
before the date the motion, response, reply, or other paper is due.
II. COURTROOM PROCEDURES
A. Courtroom Protocol
1. Please observe traditional courtroom decorum: stand when addressing the Court,
address the Court as “Your Honor,” and request permission to approach the
bench. It will not normally be necessary for counsel to approach a witness on the
stand. The Courtroom Deputy, upon request of counsel, will hand a witness an
exhibit.
2. If you have a question about courtroom protocol, please contact Nick Richards,
Court Operations Supervisor, at 303-335-2180.
B. Recording of Proceedings
1. The official record of all trials and proceedings will be taken either by a realtime
reporter or by electronic sound recording (audiotape). Prior to the beginning of
any proceeding, please provide the court reporter with your business card.
2. Transcripts of proceedings may be ordered from the court reporter assigned to the
hearing. Requests for realtime, daily, or hourly copy must be made at least thirty
days before the trial or hearing. To order a transcript or reach the Court Reporter,
please contact my Judicial Assistant.
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C. Exhibits
1. When to File – For motions hearings, each party must provide a copy of its exhibit
list and each exhibit to opposing counsel or any pro se party two business days
before the hearing. As for exhibits for trial, Government must provide a copy of
its exhibits to Chambers no later than two business days prior to trial. This
requirement applies to a defendant if he or she has identified exhibits for trial. As
for exhibit lists for trial, see Section IV.A concerning the Trial Preparation
Conference.
2. Format of Exhibit List – Parties must use the form of exhibit list available on the
District Court website for Judge Moore. For trial exhibit lists, please add at least
ten additional blank rows at the end of the exhibit list to accommodate any
additional exhibits that may be introduced.
3. Each party must pre-mark all exhibits that will be used or identified in a hearing
or trial. Exhibits not timely pre-marked or exchanged before a hearing or trial
may not be admitted.
4. The Government’s exhibits should be marked with yellow labels, using numbers.
Defendant’s exhibits should be marked with blue labels, using alphabetical letters
for the first twenty-six exhibits. For example, if there are twenty-six or fewer
exhibits, label them A through Z. If there are more than twenty-six exhibits, begin
marking them as A-1 through A-99, then B-1 through B-99, etc. Do not use
double or triple letters. The criminal action number should also be placed on each
of the exhibit stickers.
5. 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.” If
exhibits are not bound and labeled properly, the hearing or trial may be delayed or
continued until they are. If a party has fewer than five exhibits, such exhibits need
not be bound.
6. Number of Sets of Exhibits – For hearings and trials, each party should bring
separate sets of bound exhibits for (a) the Court, (b) opposing counsel; and (c) the
witness stand. In addition to the exhibit notebooks, two flash drives shall be
delivered to Chambers two (2) business days before the hearing or trial.
7. Stipulated Facts – Any stipulation of fact should be formatted as a pleading and
marked as an exhibit.
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D. Witness Lists
1. When to File – For motions hearings, witness lists should be filed via CM-ECF
two business days before the hearing. For trials, see Section IV.A. concerning the
Trial Preparation Conference.
2. Format – Parties should use the form of witness list available on the District Court
website (http://www.cod.uscourts.gov/)
E. Depositions
Together with Fed. R. Crim. P. 15, this practice standard governs the use of depositions in
criminal proceedings:
1. Objections to any portion of a proposed deposition shall be filed as soon as
practicable, but not later than the time of the Trial Preparation Conference. Any
objectionable portion of the deposition shall be identified with specificity, i.e., by
page and line. Objections may be resolved before trial to facilitate appropriate
redaction.
2. For jury trials, parties shall provide a person to read the deposition answers.
3. For bench trials depositions will not usually be read in open court. Instead, the
Court will read them in chambers in any requested sequence. 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 government’s
designated portions highlighted in yellow and the defendant’s in blue.
F. Videotaped Depositions
Together with Fed. R. Crim. P. 15, this practice standard governs the use of videotaped
depositions in criminal proceedings. Objections to any portion of a proposed videotaped
deposition shall be filed as soon as practicable, but not later than the time of the Trial
Preparation Conference. Objections may be resolved before trial to facilitate an appropriate
redaction.
G. Special Equipment (Audio/Video)
The Court has audio-visual and other special equipment that may be used by the parties.
A listing of available equipment can be found on the District Court’s website
(http://www.cod.uscourts.gov/) under “Courtroom Technology Manual for Attorneys.” Notify
Nick Richards, Court Operations Supervisor, no later than seven days before a hearing or trial
concerning the date and time you need such equipment or need your own equipment to be
brought through security for use in the courtroom.
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III. MOTIONS PRACTICE
A. Page Limitations
1. All motions, objections, responses, and briefs shall not exceed fifteen pages.
Replies shall not exceed ten pages. Motions and briefs shall be combined and will
be considered one paper for purposes of computing page limitations. These page
limitations include the cover page, statement of facts, procedural history,
argument, authority, closing, signature block, and all other matters, except the
certificate of service. The body of the text and all footnotes shall be no smaller
than 12-point type.
2. Motions to exceed the page limitations set forth in these Practice Standards will
be granted only upon a showing of good cause. Any such motion shall indicate
the number of pages of the proposed document and the reason why the additional
pages are necessary.
B. Motions In Limine
Motions in limine are discouraged when the motion is evidence driven and cannot be
resolved until evidence is presented at trial. Instead, the issue can be flagged in a trial brief. If
motions in limine are filed, they must be filed seven days before the trial preparation conference.
C. Trial Briefs
Trial briefs are encouraged, but not required absent specific court order. If filed, trial
briefs shall not exceed ten pages and shall be filed not later than seven days before trial. Please
flag evidentiary issues in a trial brief rather than by motion in limine. A trial brief may not be
used as a substitute for a motion.
IV. TRIALS
A. Trial Preparation Conference
The Trial Preparation Conference will usually be held approximately three to ten days
before trial. Counsel who will try the case must attend. Once trial has been set, the Court will
issue an order that will confirm the trial date, confirm the Trial Preparation Conference date, and
specify the tasks to be completed before the Trial Preparation Conference.
1. Jury Instructions and Verdict Forms
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a. Two business days before the Trial Preparation Conference, counsel and
any pro se party shall submit proposed jury instructions and verdict forms.
The jury instructions shall identify the source of the instruction and
supporting authority, e.g. § 103, Fed. Jury Practice, O’Malley, Grenig, and
Lee (5th ed.). The parties shall submit their instructions and verdict forms
both via CM-ECF and by electronic mail to
[email protected] in Word format. Verdict forms shall
be submitted in a separate file from jury instructions. Within the jury
instruction file, each jury instruction shall begin on a new page.
b. Each instruction should be numbered (e.g., “Government’s Instruction No.
1”) for purposes of making a record at the jury instruction conference. The
parties shall attempt to stipulate to the jury instructions, particularly
“stock” instructions and verdict forms.
c. Whenever practicable and appropriate, the parties shall use or adapt for
use the Criminal Pattern Jury Instructions prepared by the Criminal Pattern
Jury Instruction Committee of the United States Court of Appeals for the
Tenth Circuit. The pattern instructions and updates may be found online
at (https://www.ca10.uscourts.gov/).
2. Exhibit and Witness Lists: Two business days before the Trial Preparation
Conference, the parties shall file their proposed witness and exhibit lists via CM-
ECF. Defendants do not need to be listed on defendant’s witness lists. The forms
of such lists are found at (http://www.cod.uscourts.gov/) . For additional matters
regarding exhibit and witness lists, see Sections II.C and II.D above.
3. Voir Dire: Two business days before the Trial Preparation Conference, the parties
shall file their proposed voir dire questions via CM-ECF.
B. Jury Trials
1. Counsel and pro se parties shall be present on the first day of trial at 8:30 a.m.
Jury selection will begin at 9:00 a.m. Commencing the second day of trial, the
normal trial day will begin at 9:00 a.m. and continue until 5:00 p.m. The trial day
will have morning and afternoon recesses of approximately fifteen minutes
duration. A lunch break of approximately one hour and thirty minutes will be
taken at approximately 12:00 p.m.
2. Unless ordered otherwise, the procedure employed for selection of jurors and
alternate jurors will be reviewed with the parties at the Trial Preparation
Conference.
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3. Unless ordered otherwise, each side shall be permitted voir dire examination of
fifteen minutes after voir dire examination by the Court.
4. Challenges pursuant to Batson v. Kentucky, 476 U.S. 79 (1986), shall be made and
considered at the time challenges for cause are made, before a potential juror is
excused.
5. Jurors will be permitted to take notes during the trial.
6. The jury will be instructed after closing argument.
7. The jury will be given a copy of the indictment and written jury instructions for
use during deliberations.
C. Trials To Court
Trials to Court will begin at 9:00 a.m. For a trial to the Court, a resumé or curriculum
vitae, marked as an exhibit, generally will suffice for the qualification of an expert witness.
V. PLEA AGREEMENTS
A. Treatment of Notice of Disposition
Any notice of disposition filed pursuant to D.C.COLO.LCrR 11.1A shall be considered to
be a pretrial motion within the meaning of 18 U.S.C. § 3161(h)(1)(F) for the purpose of
computing time under the Speedy Trial Act of 1974, 18 U.S.C. §§ 3161-74.
B. Plea Agreement Content Restriction
No plea agreement shall identify whether a defendant has agreed to cooperate with the
United States or other jurisdiction with respect to the investigation or prosecution of others.
Consequently, no plea agreement shall contain any reference to any cooperation agreement
between the defendant and the government, to any potential for a motion under 5K.1.1 of the
United States Sentencing Guidelines (“U.S.S.G.”), or to any other statutory or guideline
calculation or adjustment predicated on such cooperation.
C. Plea Agreement Supplement
1. In all criminal cases resolved by plea agreement in which the defendant’s
cooperation against others is part of the agreement, the parties shall prepare and
provide to the Court, in addition to the Plea Agreement and Statement by
Defendant in Advance of Plea provided for by D.C.COLO.LCrR 11.1(c) and (d), a
Plea Agreement Supplement. At the conclusion of the change of plea hearing, the
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courtroom deputy will file the Plea Agreement Supplement in the Electronic Case
Filing (“ECF”) system as a Court only entry.
2. The Plea Agreement Supplement shall contain, in substance, the following
statement: “The parties agree that the following additional terms and provisions
are part of the Plea Agreement:” Thereafter, the Plea Agreement Supplement
shall fully set forth all terms and provisions of the agreement between the parties
that were omitted from the Plea Agreement because of the restriction required by
Section V(B), supra, together with all U.S.S.G. computations and statutory
implications of the additional plea agreement provisions.
3. The Plea Agreement Supplement shall be signed by all persons who sign the Plea
Agreement.
4. A copy of the Plea Agreement Supplement shall be provided to Chambers
together with the Plea Agreement in the same time and manner as provided for by
D.C.COLO.LCrR 11.1(c).
5. The Plea Agreement Supplement shall be tendered to the courtroom deputy in the
same time and manner as provided for by D.C.COLO.LCrR 11.1(e).
D. Safety Valve Cases
The parties may, but are not required to, adhere to the requirements of Sections B and C
above in cases where the Defendant is eligible for safety valve relief under the U.S.S.G. and no
other cooperator agreement is included as part of the disposition with the government. Where the
disposition entails both safety valve relief and further benefit based on that or additional
cooperation, Sections B and C above shall apply to both the safety valve and additional
cooperation aspects of the plea agreement.
E. Sentencing Statements, Objections to Presentence Report and Motions for
Departure or Variance and Related Documents
1. All Sentencing Statements, Objections and Responses to Presentence Reports, and
Motions for Departure or Variance provided for by D.C.COLO.LCrR 32.1 shall,
except as provided in ¶3 below, be filed as restricted documents subject to
Restriction Level 2.
2. This requirement shall constitute a standing order for purposes of
D.C.COLO.LCrR. 32.1(d) and 47.1(a).
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3. The following are excluded from the requirement set forth in ¶1 that the matter be
filed under restriction: (i) Sentencing Statements in cases resolved by trial, (ii)
Motions pursuant to U.S.S.G. § 3E1.1(b), and (iii) Motions pursuant to U.S.S.G. §
5K3.1.
4. Motions to Dismiss are not covered by D.C.COLO.LCrR. 32.1 and, accordingly,
need not be filed as restricted documents.
F. Rule 11(c)(1)(C) Pleas
If a plea agreement is to be tendered pursuant to Fed. R. Crim P. 11(c)(1)(C), the notice
of disposition must so state.
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