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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO UNIFORM CIVIL PRACTICE STANDARDS OF JUDGE REGINA M. RODRIGUEZ Alfred A. Arraj United States Courthouse Courtroom: A901 Chambers: A941 Telephone: (303) 335-2170 Email: [email protected] JUDGE CHARLOTTE N. SWEENEY Alfred A. Arraj United States Courthouse Courtroom: A702 Chambers: A738 Telephone: (303) 335-2610 Email: [email protected] JUDGE NINA Y. WANG Alfred A. Arraj United States Courthouse Courtroom: A902 Chambers: A938 Telephone: (303) 335-2600 Email: [email protected] JUDGE GORDON P. GALLAGHER Wayne Aspinall Federal Building Courtroom: 323 Chambers: 310 Telephone: (970) 241-8932 Email: [email protected] JUDGE S. KATO CREWS Byron G. Rogers Courthouse Courtroom: 601 Chambers: 641 Telephone: (303) 335-2124 Email: [email protected] Court Website: http://www.cod.uscourts.gov/Home.aspx Effective: December 9, 2025 TABLE OF CONTENTS I. SCOPE, PURPOSE, AND CONSTRUCTION ........................................................ 2 Civ. Practice Standard 1.1 – Scope, Purpose, and Construction .................................. 2 Civ. Practice Standard 1.1A – Title and Citation ........................................................... 2 II. COMMENCEMENT OF ACTION, SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS .............................................................................................. 2 Civ. Practice Standard 6.1A – Motions for Extension of Time ....................................... 2 Civ. Practice Standard 6.1B – Continuances of Hearings or Trials ............................... 3 PLEADINGS AND MOTIONS ................................................................................ 3 III. Civ. Practice Standard 7.1A – Motions – General Information ...................................... 3 Civ. Practice Standard 7.1B – Motions to Dismiss Pursuant to Fed. R. Civ. P. 12(b) ... 5 Civ. Practice Standard 7.1C – Motions Pursuant to Fed. R. Evid. 702 ......................... 5 Civ. Practice Standard 7.1D – Motions for Summary Judgment Pursuant to Fed. R. Civ. P. 56 ..................................................................................................................... 6 Civ. Practice Standard 7.2 – Public Access to Documents and Proceedings ............... 8 Civ. Practice Standard 10.1 – Format of Pleadings and Documents Presented for Filing ............................................................................................................................ 8 Civ. Practice Standard 16.6 – Alternative Dispute Resolution ..................................... 10 IV. PARTIES ............................................................................................................. 10 [No Practice Standards] ............................................................................................. 10 DEPOSITIONS AND DISCOVERY ...................................................................... 10 V. Civ. Practice Standard 26.1A – Employment Cases ................................................... 10 TRIALS ................................................................................................................ 11 VI. Civ. Practice Standard 43.1A – General Information .................................................. 11 Civ. Practice Standard 43.1B – Trial ........................................................................... 13 Civ. Practice Standard 43.1C – Exhibits ..................................................................... 13 Civ. Practice Standard 43.1D – Witnesses ................................................................. 14 VII. JUDGMENT ......................................................................................................... 15 [No Practice Standards] ............................................................................................. 15 VIII. PROVISIONAL AND FINAL REMEDIES ............................................................. 15 [No Practice Standards] ............................................................................................. 15 IX. SPECIAL PROCEEDINGS .................................................................................. 15 Civ. Practice Standard 72.3 – Objections to Magistrate Judge Recommendations ..... 15 DISTRICT COURT AND CLERK ......................................................................... 16 X. Civ. Practice Standard 77.2 – Communication with Chambers ................................... 16 XI. GENERAL PROVISIONS .................................................................................... 16 [No Practice Standards] ............................................................................................. 16 I. SCOPE, PURPOSE, AND CONSTRUCTION Civ. Practice Standard 1.1 – Scope, Purpose, and Construction (a) (b) (c) Applicability. These Practice Standards apply to all civil actions pending before Judges Rodriguez, Sweeney, Wang, Gallagher, and Crews at the time of this publication regardless of when the action was first filed. Unless otherwise indicated by a Judge’s initials under a specific Practice Standard, these are the Uniform Civil Practice Standards of Judge Regina M. Rodriguez (RMR), Judge Charlotte N. Sweeney (CNS), Judge Nina Y. Wang (NYW), Judge Gordon P. Gallagher (GPG), and Judge S. Kato Crews (SKC). Additional Applicable Rules. Those appearing in the District Court must know and follow: (1) (2) The Federal Rules of Civil Procedure; The Federal Rules of Evidence; (3) The Local Rules of Practice of the United States District Court for the District of Colorado; The Electronic Case Filing Procedures (Civil Cases); and These Practice Standards. (4) (5) The failure to follow these Practice Standards, the Local Rules of Practice, or the Federal Rules may result in an order striking the noncompliant filing without substantive consideration or other appropriate sanctions. Civ. Practice Standard 1.1A – Title and Citation (a) (b) Title. These Practice Standards shall be known as the presiding Judge’s “Uniform Civil Practice Standards.” Citation. These Practice Standards should be cited as Civ. Practice Standard, Section, Subsection, Paragraph, Subparagraph, Item, with reference to the presiding Judge’s initials (e.g. RMR Civ. Practice Standard 7.1D(b)(6)(B . II. COMMENCEMENT OF ACTION, SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS Civ. Practice Standard 6.1A – Motions for Extension of Time (a) This Practice Standard is subject to D.C.COLO.LCivR 6.1(a), which governs extension by stipulation. 2 (b) (c) (d) An extension of time to file a document must be sought by way of an appropriate written motion filed as far in advance of the deadline as possible. The moving party should clearly set forth good cause for the requested extension with particularity. Typically, the press of business does not constitute good cause for an extension of time. In a civil case, service on the client, as required by D.C.COLO.LCivR 6.1(c), must be noted in the Certificate of Service and must identify the individual(s) who received such service, including, if appropriate, the name and title of any individual who received service on behalf of a client that is not a natural person. No motion for an extension of time to file a document shall be considered unless it is filed on or before the original filing deadline date. Civ. Practice Standard 6.1B – Continuances of Hearings or Trials (a) A continuance of a hearing or trial must be sought by way of an appropriate written motion filed as far in advance of the proceeding as possible. Motions to continue (including motions to vacate or reset) hearings and trials shall be determined pursuant to D.C.COLO.LCivR 6.1 and 7.1; these Practice Standards; Rogers v. Andrus Transp. Servs., 502 F.3d 1147, 1151 (10th Cir. 2007); and United States v. West, 828 F.2d 1468, 1469–70 (10th Cir. 1987). (b) Oral or written motions for continuance of a hearing or trial made on the date of the hearing or trial may not be entertained by the Court. (c) (d) Stipulations for continuance shall not be effective unless and until approved by the Court. The moving party should email Chambers at the time a written motion to continue is filed. Civ. Practice Standard 7.1A – Motions – General Information III. PLEADINGS AND MOTIONS (a) Filing Requirements. (1) Parties shall submit a proposed order with any joint or unopposed motion. The proposed order in Word format is to be emailed to Chambers with the subject line containing “Proposed Order” and the case name and number and the motion docket number. (2) Motions and all supporting arguments should be contained in a single document. Motions with separately filed briefs or memoranda are noncompliant. 3 (3) All exhibits shall be filed as separate attachments to the corresponding motion, brief, or other document and shall be labeled in the CM/ECF system both by exhibit number or letter and by name (e.g., “Exhibit 1 – Doe Affidavit”). RMR: Where a motion is supported by exhibits, said motion shall be accompanied by one consecutively numbered appendix, containing all exhibits and shall be referenced in the motion, response, and reply by appendix page number and name, e.g., (Movant’s Appx., p. 30 – Smith Affidavit). If the respondent needs to include additional exhibits not already respondent shall submit a contained respondent’s appendix, with the pages numbered consecutively. Respondent’s appendix shall be referenced by page number and name, e.g., (Respondent’s Appx., p. 10 – Jones Affidavit). If parties wish to file any supporting exhibits under restriction, they must be filed in accordance with Civ. Practice Standard 7.1A(c) below. in movant’s appendix, the (4) (5) (6) If a party files what it deems an “emergency” motion, it must email Chambers at the time the motion is filed, with the subject line containing “Emergency Motion” and the case name and number. All requests for the Court to take distinct actions must be contained in separate, written motions. For instance, if a party seeks to move to dismiss and stay discovery pending the motion to dismiss, the party must file two separate motions. However, requests for complementary or alternative relief, such as multiple grounds for a motion to dismiss or in the alternative a motion for summary judgment, shall be included in a single motion. In other words, different bases for the same relief shall be filed in one motion, whereas requests for the Court to take different or distinct actions shall be filed in separate motions. A request for the Court to take action shall NOT be included in a response or reply to the original motion. Although the requirement applies to cross- motions for summary judgment, the requirement does not apply to objections to summary judgment evidence unless the objecting party is seeking total or partial exclusion of expert testimony under Federal Rule of Evidence 702. This requirement also does not apply to requests to convert a motion pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to one for summary judgment; such a request should instead be included in the response to the Rule 12(b)(6) motion. (b) Responses and Replies. (1) Unless otherwise ordered, for deadlines, see D.C.COLO.LCivR 7.1(d). Rule 6 of the Federal Rules of Civil Procedure controls the computation of time. 4 (2) A response shall clearly and completely identify by title, court CM/ECF docket number, and date filed the antecedent motion or petition to which response is made. Similarly, a reply shall clearly and completely identify by title, court CM/ECF docket number, and date filed the antecedent response to which reply is made. Restricted Exhibit(s). If any party believes that any of the exhibits in support of or in opposition to a party’s motion should be filed under restriction, the party shall file a placeholder exhibit (if the entire exhibit is restricted) or a redacted exhibit (if only portions of the exhibit are restricted) as an attachment or in its appendix, noting that the restricted exhibit will be filed under restriction. The party must also file a motion to restrict public access pursuant to D.C.COLO.LCivR 7.2(c), explaining the need for the restriction and attaching the actual restricted exhibit(s). Untimely or Noncomplying Motions, Responses, or Replies. Filings that are untimely, noncomplying, or filed without a certification when required under D.C.COLO.LCivR 7.1(a) or these Practice Standards may be denied without prejudice or stricken sua sponte. (c) (d) Civ. Practice Standard 7.1B – Motions to Dismiss Pursuant to Fed. R. Civ. P. 12(b) (a) Unless otherwise ordered, each party shall be limited to the filing of a single motion to dismiss directed at the operative pleading. (b) Motions to dismiss filed under Federal Rule of Civil Procedure 12(b) are discouraged if the defect is curable by the filing of an amended pleading. As such, parties are required to meet and confer prior to the filing of a motion to dismiss under Rule 12(b), unless one or more parties is an unrepresented, incarcerated, or detained person. The failure to comply with this conferral requirement may result in the Court striking the motion without substantive consideration. (c) Rule 12(b) motions which rely on matters outside the pleadings shall address the basis for the Court to consider such documents and whether the motion should or should not be converted into a motion for summary judgment. Civ. Practice Standard 7.1C – Motions Pursuant to Fed. R. Evid. 702 (a) Unless otherwise ordered, all motions filed under Federal Rule of Evidence 702 and any motion to strike an expert on the basis of discovery violations shall be filed no later than thirty (30) days after the deadline for disclosure of rebuttal witnesses. 5 (b) (c) (d) All motions filed under Rule 702 shall include the expert witness’s report as an exhibit and specify, with particularity, the opinion(s) that the moving party seeks to exclude and the specific ground(s) on which each opinion is challenged, e.g., relevancy, sufficiency, or methodology. All such motions shall specifically state whether the moving party is requesting an evidentiary hearing, and all responses shall similarly indicate whether the responding party believes an evidentiary hearing is necessary. Evidentiary hearings will be set at the Court’s discretion. Unless otherwise ordered, the expert witness whose testimony or opinion is proffered shall be present at the hearing. Pursuant to Civ. Practice Standard 7.1A(a)(5), all challenges to an expert’s testimony shall be made in a single motion, even if the moving party seeks to strike the expert’s testimony on multiple grounds (e.g., under Rule 702 and Rule 26(a)(2) of the Federal Rules of Civil Procedure). Civ. Practice Standard 7.1D – Motions for Summary Judgment Pursuant to Fed. R. Civ. P. 56 (a) (b) RMR: For cases pending before Judge Rodriguez, Civ. Practice Standard 7.1D shall not apply. Instead, please follow Judge Rodriguez’s Standing Order Regarding Rule 56 Motions, available on the Court’s website. CNS: For cases pending before Judge Sweeney, a party may only file a motion under Civ. Practice Standard 7.1D after complying with Judge Sweeney’s Standing Order Regarding Rule 56 Motions, available on the Court’s website. SKC: For cases pending before Judge Crews, Civ. Practice Standard 7.1D shall not apply. Instead, please follow Judge Crews’ Standing Order Regarding Rule 56 Motions, available on the Court’s website. Single Motion. Absent leave of the Court, which will only be granted in exceptional circumstances, a party may file only one motion for summary judgment. Due to the voluminous factual materials often submitted with Rule 56 motions, all such motions must comply with the following: (1) In a section of the brief required by D.C.COLO.LCivR 56.1(a) styled “Statement of Undisputed Material Facts,” the movant shall set forth in simple, declarative sentences, separately numbered and paragraphed, each material fact that the movant believes is not in dispute and that supports the movant’s claim that movant is entitled to judgment as a matter of law. Each material fact must be accompanied by a specific reference to material in the record that establishes that fact. General references to pleadings, depositions, or documents are insufficient if the document is more than one page in length. (2) 6 (3) (4) (5) (6) A general reference is sufficient only if the nature of the material fact does not permit a specific reference (e.g., “The contract contains no provision for termination.”). Any party opposing the motion for summary judgment shall, in a section of the brief styled “Response to Statement of Undisputed Material Facts,” admit or deny the movant’s asserted material facts. The admission or denial shall be made in separate correspondingly numbered paragraphs. Any denial shall be accompanied by a brief factual explanation of the reason(s) for the denial and a specific reference to material in the record supporting the denial. If the party opposing the motion believes that there are additional disputed questions of fact that have not been adequately addressed in the submissions made pursuant to subsection (4) above (e.g., disputed facts concerning an affirmative defense), the party shall, in a separate section of the brief styled “Statement of Additional Disputed Facts,” set forth in simple, declarative sentences, separately numbered and paragraphed, each additional, material disputed fact that undercuts the movant’s claim that it is entitled to judgment as a matter of law. Each such fact shall be accompanied by a specific reference to material in the record establishing the fact or demonstrating that it is disputed. Any reply brief must comply with the following: (A) In a separate section styled “Reply Concerning Undisputed Facts,” the movant shall include any factual reply it cares to make regarding the facts asserted in its motion to be undisputed, supported by specific references to material in the record. The reply will be made in separate paragraphs numbered according to the motion and the opposing party’s response. In a separate section styled “Response Concerning Disputed Facts” (with respect to each fact that the opposing party, pursuant to subsection (5) above, claims to be in dispute), the movant shall either admit that the fact is disputed or supply a brief factual explanation for its position that the fact is undisputed, accompanied by a specific reference to material in the record establishing the fact is undisputed. This will be done in paragraphs numbered to correspond with the opposing party’s paragraph numbering. (B) (7) The sole purpose of these procedures is to establish facts and determine which of them are in dispute. Legal argument is not permitted here and should be reserved for separate portions of the briefs. (c) See D.C.COLO.LCivR 56.1(c) and Civ. Practice Standard 7.1A(a)(3) above regarding submission and marking of summary judgment exhibits. 7 (d) Failure to follow these procedures may result in an order striking or denying the motion or brief, and it will have to be re-submitted. Repeated failures may result in an order granting other proper relief. Civ. Practice Standard 7.2 – Public Access to Documents and Proceedings (a) Public access to the courts is fundamental to our system of justice. While the Court recognizes that some cases may involve information that must be restricted, this Court will not grant motions to restrict that do not specifically address all of the factors set out in D.C.COLO.LCivR 7.2, even if the motions are stipulated. Failure to comply with D.C.COLO.LCivR 7.2 may result in the striking of the motion to restrict and may also result in public availability of the information and/or document(s) at issue. In addition, the Court will rarely restrict court pleadings, papers, or orders, even if such documents refer to exhibits that are restricted. Civ. Practice Standard 10.1 – Format of Pleadings and Documents Presented for Filing (a) Font and Format. All papers filed with the Court by anyone other than a judicial officer shall be double spaced and in Arial 12-point font. SKC: All papers filed with Judge Crews should be double spaced and in Century Schoolbook 12-point font, excluding footnotes, which should remain in 12-point font but be single spaced. (b) Citations. (1) Citations shall be made pursuant to the most current edition of The Bluebook: A Uniform System of Citation. (2) General references to cases, filings, or depositions are insufficient if the document is more than one page in length. Where possible, specific references in the form of pinpoint citations should be used to identify relevant excerpts from a document (e.g., to ECF page numbers or paragraph numbers). (3) Whenever practicable, citations to unpublished opinions should include a Westlaw® citation. If a Westlaw® citation does not exist, include the caselaw as an attachment. SKC: For cases pending before Judge Crews, no caselaw need be attached if a LexisNexis® citation is provided. (c) Page Limitations. 8 (1) Excluding motions filed under Rule 56 of the Federal Rules of Civil Procedure; Objections to Magistrate Judge Recommendations and Orders and responses to Objections, which are addressed in Civ. Practice Standard 72.3(c); and motions and briefs filed in patent infringement, invalidity and unenforceability actions pursuant to D.C.COLO.LPtR 17, all motions, objections, responses, and concomitant briefs shall not exceed fifteen (15) pages. If the Court permits a party to file more than one Rule 12(b) motion pursuant to Civ. Practice Standard 7.1B(a), then opening briefs and response briefs shall not exceed fifteen (15) pages total for all such motions (not each such motion) filed by that party. Motions and briefs shall be combined pursuant to Civ. Practice Standard 7.1A(a)(2) and shall be considered one paper for purposes of computing page limitations. Replies shall not exceed ten (10) pages. These page limitations shall not include the cover page, table of contents, signature block, or certificate of service. (2) Motions for summary judgment or partial summary judgment and response briefs shall not exceed twenty (20) pages. Reply briefs shall not exceed ten (10) pages. These page limitations shall not include the cover page, table of contents, signature block, or certificate of service. (3) While these page limitations set forth the maximum number of pages for a party’s filing, parties should make the utmost effort to set forth their arguments clearly and concisely. A motion should state the relevant facts, the relevant legal standard, and a brief argument. Repetitive arguments and string citations are not necessarily persuasive and may only serve to slow the ultimate disposition of the motion. (4) (5) Please avoid characterizing the opposing party’s actions (“counsel conveniently overlooked,” “counsel attempts to mislead the court by stating,” etc.). Such characterizations serve no purpose and merely add to the overall amount of reading materials for a particular matter. The Court will entertain motions for extensions of the page limit where appropriate and for good cause. Notice of Supplemental Authority. To the extent that new legal authority prompts one or more parties to file a Notice of Supplemental Authority, such Notice shall be limited to the identification and attachment of the new legal authority. A Notice of Supplemental Authority may identify the relevant issue, but may not include any additional or new argument. A Notice of Supplemental Authority may not be used to identify legal authority available at the time of the original filings of the papers. (d) 9 Civ. Practice Standard 16.6 – Alternative Dispute Resolution (a) (b) (c) To facilitate settlement, no later than fourteen (14) days after the close of discovery, the parties shall file a Status Report regarding settlement discussions. Such Status Report shall reflect the efforts at settlement and the possibility of settlement, but should not include any details with respect to the substantive terms of settlement. To the extent that parties seek to participate in a settlement conference before a Magistrate Judge, the parties must move for an order setting a settlement conference pursuant to D.C.COLO.LCivR 16.6. Prior to moving for such settlement conference, the parties must exchange at least one written demand and response to that demand, including monetary and non-monetary terms. The parties should be prepared to address why a settlement conference before the Court is more appropriate than private alternative dispute resolution. If the parties reach a resolution of the case without Court assistance, they shall advise Chambers immediately by email. In addition, the parties shall file a Notice of Settlement on the docket at their earliest convenience. Please note that previously set conferences or deadlines (including trial) will not be vacated without the filing of dismissal papers, unless otherwise ordered by the Court. [No Practice Standards] IV. PARTIES Civ. Practice Standard 26.1A – Employment Cases V. DEPOSITIONS AND DISCOVERY (a) (b) This Court has adopted the Initial Discovery Protocols for Employment Cases Alleging Adverse Action (“Initial Discovery Protocols”) issued by the Advisory Committee on Federal Rules of Civil Procedure (see the Court’s website). These Initial Discovery Protocols will apply in all employment cases filed in the District of Colorado that are assigned to this Court on or after August 1, 2022, and which challenge one or more employment actions alleged to be adverse, except: (1) (2) Class Actions; Cases in which the allegations involve only the following: (A) (B) Discrimination in hiring; Harassment/hostile work environment; (C) (D) Violations of wage and hour laws under the Fair Labor Standards Act; Failure to provide reasonable accommodations under the Americans with Disabilities Act; 10 (c) (d) (e) (E) (F) Violations of the Family Medical Leave Act; or Violations of the Employee Retirement Income Security Act. Parties and counsel shall comply with the Initial Discovery Protocols, located on the Court’s website. Within thirty (30) days following the Defendant’s submission of a responsive pleading or motion, the parties shall provide to one another the documents and information described in the Initial Discovery Protocols for the relevant time period. This obligation supersedes the parties’ obligations to provide initial disclosures pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure. The parties shall use the documents and information exchanged in accordance with the Initial Discovery Protocols to prepare the Rule 26(f) discovery plan. The parties’ responses to the Initial Discovery Protocols shall comply with the Rule 26 obligations to certify and supplement discovery responses, as well as the form of production standards for documents and electronically stored information. As set forth in the Initial Discovery Protocols, this Initial Discovery is not subject to objections, except upon the grounds set forth in Rule 26(b)(2)(B). If any party believes that there is good cause why a particular case should be exempted from the Initial Discovery Protocols, in whole or in part, that party may raise the issue with the Court. Civ. Practice Standard 43.1A – General Information VI. TRIALS (a) Courtroom Decorum. (1) Creating a courtroom where all litigants, witnesses, and counsel feel welcome and respected is of utmost importance to this Court. In that regard, counsel are invited and encouraged to identify the applicable pronouns of counsel, litigants, and witnesses at the earliest juncture possible. This may be done in an initial signature block, in person at a conference or hearing, or in a witness list. Should the wrong pronoun be used, counsel are encouraged to bring that to the Court’s attention at the time, or through a subsequent email to Chambers. All parties should observe the following courtroom decorum: (A) Stand when the Judge enters or leaves the courtroom, when addressing the Court, and when the jury enters or leaves the courtroom; Request permission to approach the bench; Address the Judge as “Your Honor”; Refer to all other persons by their surnames, prefaced by the individual’s title (e.g., Dr., Agent, Officer, etc.) and applicable pronouns. 11 (2) (B) (C) (D) (b) (c) (3) Oaths. Please note and advise all persons appearing with you in court, including co-counsel, paralegals, clients, witnesses, and spectators that oath-taking is treated formally in the courtroom. The Court will administer an oath to a jury or witness ONLY when all other activity in the courtroom has ceased. Attorneys are directed to observe the administration of the oath and to stop all other activity. Accessibility and Accommodations. Counsel should bring any accessibility or disability accommodation issues to the attention of the Courtroom Deputy prior to any hearing or trial so the Court can ensure that all necessary accommodations are in place. Recording of Proceedings. (1) (2) Transcripts of proceedings may be ordered by contacting the Court Reporter. Requests for daily transcripts should be made at least thirty (30) days before the trial or hearing. Requests for realtime transcription should be made no later than seven (7) days prior to the trial or hearing. Further details can be obtained from the Court Reporter. RMR: Jessica Anderson, [email protected] CNS: Sarah Mitchell, [email protected] NYW: Darlene Martinez, [email protected], (303) 335-2312 GPG: Megan Strawn, [email protected] SKC: Mary George, [email protected], (303) 296-2638 (d) Glossary. (1) Not later than five (5) business days before commencement of a hearing, a bench trial, a jury trial, or any other proceeding, the parties shall file a glossary of any difficult, unusual, scientific, technical, and/or medical jargon, words, names, terms and/or phrases. (2) Before a hearing or trial commences, the parties shall submit to the Courtroom Deputy three paper copies of the Glossary and shall submit additional paper copies of the Glossary to opposing counsel and any pro se party. 12 (e) Technology. 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 or hearing. For information about courtroom technology and trial preparation, please contact the Courtroom Deputy. RMR: Kally Myhaver, [email protected], (303) 335-2101 CNS: Julie Dynes, [email protected], (303) 335-2054 NYW: Emily Buchanan, [email protected], (303) 335-2044 GPG: Donald Clement, [email protected], (970) 241-8932 (Ext. 8209) SKC: Cathy Pearson, [email protected], (303) 335-2089 (f) Oral Argument. The Court may set a matter for oral argument at the Court’s discretion. The Court encourages counsel of record to ensure that more junior attorneys are afforded a meaningful opportunity to present arguments to the Court. Civ. Practice Standard 43.1B – Trial (a) Please refer to the respective Judge’s Standing Order found on the Court’s website for information regarding setting the case for trial, pre-trial preparations, and trial procedures. Civ. Practice Standard 43.1C – Exhibits (a) (b) (c) At least two business days before any hearing, the parties shall file via CM/ECF a single, joint Exhibit List. The form for Exhibit Lists is available on the Court’s website. Before any hearing, each party shall submit to the Courtroom Deputy three paper copies of the Exhibit List. Each party must pre-mark all exhibits that will be used or identified for the record in a hearing. The case number shall appear on each exhibit sticker or label. Copies of exhibits should be provided to opposing counsel or any pro se party as early as practicable before any hearing. Exhibits not timely pre-marked or exchanged before a hearing may not be admitted. SKC: 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 and should stipulate to the admissibility of as many exhibits as possible. 13 (d) 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 business days before commencement of a hearing. If exhibits are not bound and labeled properly and timely, the hearing may be delayed or continued until they are. (e) Number of Exhibits. Separate sets of bound exhibits shall be brought for (1) the Court and (2) the witness stand. SKC: Only one three-ring binder containing the original exhibits (for the witness box), together with a thumb/flash drive of the exhibits in PDF form, should be delivered to the Clerk’s office (ATTN: Nicholas Richards) at least two business days before the commencement of a hearing. NYW: Only one three-ring binder containing the original exhibits (for the witness box), together with two thumb/flash drives of the exhibits in PDF form, should be delivered to the Clerk’s office (ATTN: Emily Buchanan) at least two business days before the commencement of a hearing. Civ. Practice Standard 43.1D – Witnesses (a) (b) (c) At least two business days before any hearing, the parties shall file via CM/ECF a single, joint Witness List. The form for Witness Lists is available on the Court’s website. Before any hearing, each party shall submit to the Courtroom Deputy three paper copies of the Witness List. Testimony by Telephone or Video Conference. A party may request that testimony be presented by telephone or video conference at a trial or hearing. The Court will generally be amenable to allowing video testimony if the parties agree. 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 7 days before the hearing at which testimony is proposed to be taken by telephone or video conference. For hearings set with less than 7 days’ notice, counsel should call Chambers as early as possible once the hearing is set to advise of the intent to file such a motion, and thereafter should file the motion as far as possible in advance of the hearing date. 14 [No Practice Standards] VII. JUDGMENT VIII. PROVISIONAL AND FINAL REMEDIES [No Practice Standards] Civ. Practice Standard 72.3 – Objections to Magistrate Judge Recommendations IX. SPECIAL PROCEEDINGS (a) (b) (c) (d) “[A] party’s objections to the magistrate judge’s report and recommendation must be both timely and specific to preserve an issue for de novo review by the district court or for appellate review.” United States v. 2121 E. 30th St., 73 F.3d 1057, 1060 (10th Cir. 1996). Failure to make timely Objections may bar de novo review by this Court of the Magistrate Judge’s Recommendation and may result in a waiver of the right to appeal from a judgment of this Court based on the Recommendation of the Magistrate Judge. See Vega v. Suthers, 195 F.3d 573, 579–80 (10th Cir. 1999). A general objection that does not put this Court on notice of the basis for the objection will not preserve the objection for de novo review. A party objecting to a Magistrate Judge’s Recommendation must identify, with particularity, the specific portions of the Recommendation that are the basis for the Objection. Objections must include specific citations to the case record—e.g., the party’s motion and/or briefing, supporting exhibits, and the Recommendation—that form the objecting party’s arguments. In general, this Court disfavors the consideration of arguments and exhibits not made to the Magistrate Judge. Should the objecting party seek to make arguments or introduce exhibits that were not raised before the Magistrate Judge, such party must expressly identify those arguments and/or exhibits and explain why such omitted arguments and/or exhibits should be considered, in the first instance, upon Objection. All Objections to Magistrate Judge Recommendations and Orders and responses to Objections are limited to ten (10) pages. Pursuant to Rule 72 of the Federal Rules of Civil Procedure, replies in support of an Objection will not be permitted absent leave of Court and good cause shown. A party generally may not file a response to an Objection to Magistrate Judge Order on a non-dispositive issue. Should a party seek leave to file a response to an Objection to a Magistrate Judge Order on a non-dispositive issue, the party shall seek leave within three (3) business days of the filing of the Objection discussing the reasons why a response is necessary. Should leave be granted to file such a response to an Objection, such response must be limited to issues raised by the original Objection. 15 Civ. Practice Standard 77.2 – Communication with Chambers X. DISTRICT COURT AND CLERK (a) (b) (c) Chambers staff is not authorized to give legal advice or grant oral requests over the telephone, so please do not contact Chambers about substantive matters. For procedural information or assistance regarding a case, including scheduling of hearings or trials, please contact Chambers. SKC: Do NOT call or come to Chambers. You may contact Chambers only by a joint email to [email protected] All emails to Chambers should include the case name and number in the subject line of the email and should copy all involved parties on the email. You may be directed to transmit proposed orders or other pleadings or papers to Chambers by email. The proposed order or document should be submitted as an attachment to the email in Word format unless otherwise specified. The email message should identify the case number and document attached. Please do not send documents directly to Chambers by facsimile or email unless requested or ordered to do so by the Court. [No Practice Standards] XI. GENERAL PROVISIONS 16

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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 1 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 2 1. The Uniform Civil Practice Standards A. Introduction 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. 3 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. 4 I also have a courtroom deputy assigned to Chambers. My courtroom deputy is Cathy Pearson. Please direct questions regarding courtroom proceedings, technology, or or to [email protected]. equipment 335-2089 needs other (303) her at Documents required to be submitted to Chambers pursuant to local rule, court order, to shall [email protected]. Please include the case number, case name, and document description in the subject line of the email. standards, submitted practice email via be or 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. 5 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. b. Single Motion. Absent leave of Court and exceptional circumstances, a party may file only one motion for summary judgment. 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. 6 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 the is no page judgment. There evidence/exhibits attached in support of the motion. limit on 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 7 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. 8 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. 9 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.). 10 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. courtroom Questions equipment/technology may be directed to Ms. Pearson. concerning exhibits and 11 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 12 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.] 13 ATTACHMENT 1 Format for Separate Statement of Undisputed Material Facts Movant’s Statement 14 Opposing Party’s Statement 15 Moving Party’s Reply Statement 16 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 17 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) 18

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S. Kato Crews United States District Judge Byron G. Rogers United States Courthouse Courtroom C201 (303) 335-2124 [email protected] STANDING ORDER FOR CRIMINAL CASES Effective: December 1, 2024 1 I. GENERAL PROCEDURES A. Applicable Rules Those appearing in the District Court on criminal matters must know and follow: 1. 2. 3. 4. 5. The Federal Rules of Criminal Procedure; The Federal Rules of Evidence; The Local Rules of Practice of the United Sates District Court for the District of Colorado; The Electronic Case Filing Procedures (Criminal Version 3.0 or the most current version); and This Standing Order. B. Access to Local Rules and Standing Order 1. 2. A copy of the Local Rules is 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. A copy of this Standing Order is available on the District Court’s website (http://www.cod.uscourts.gov/) under “Judicial Officers” and from the Clerk of the Court in Room A105. C. Communication with Chambers 1. My Judicial Assistant is Amanda Montoya, at [email protected]. 2. 3. For information about the status of a motion or document, please contact the Clerk’s Office, at (303) 844-3433. For information about courtroom technology, trial preparation, or submission of trial exhibits, please contact my Courtroom Deputy, Cathy Pearson, at (303) 335-2089, or [email protected]. 4. My Court Reporter is Mary George, at (303) 335-2109, or [email protected]. 5. Please do not contact my law clerks about procedural or scheduling matters. D. Proposed Orders You may be directed to transmit proposed orders by electronic mail to [email protected]. The proposed order or document should be 2 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. 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. When a motion to continue is granted, all parties will be notified as soon as practicable. 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. 2. 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. If you have a question about courtroom protocol, please contact my Courtroom Deputy, Cathy Pearson, at (303) 335-2089, or [email protected]. B. Oaths Please note and advise all persons appearing with you in court, including co- counsel, paralegals, clients, witnesses, and spectators that oath-taking is treated formally in the courtroom. The Court will administer an oath to a jury or witness ONLY when all other activity in the courtroom has ceased. Attorneys are directed to observe the administration of the oath and to stop all other activity. 3 C. Recording of Proceedings 1. 2. The official record of all trials and proceedings will be taken either by a realtime reporter or by electronic sound recording (audiotape). The realtime reporter assigned to the Court is Mary George, at (303) 335-2109, or [email protected]. Transcripts of proceedings may be ordered from Ms. George. Requests for realtime, daily, or hourly copy must be made at least thirty days before the trial or hearing. Further details can be obtained from Ms. George. D. Exhibits 1. When to file - For motions hearings, each party must provide a copy of its exhibit list to opposing counsel or any pro se party two business days before the hearing. As for exhibits for trial, the Government must provide a copy of its exhibits to Chambers electronically on a thumb drive, or an e-mailed zip or shared file, no later than two business days prior to trial. This requirement applies to a defendant if they have identified exhibits for trial. As for exhibit lists for trial, see Section IV.A concerning Trial Preparation Conference. 2. 3. 4. 5. Format of Exhibit List – Parties must use the form exhibit list available on the District Court website for Judge Crews. 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. 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. Exhibit labels can be obtained from the Clerk’s Office before trial. The Government’s exhibits should be marked using numbers. Defendant’s exhibits should be marked using alphabetical letters for the first 26 exhibits. For example, if there are 26 or fewer exhibits, label them A through Z. If there are more than 26 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. There will be no juror exhibit notebooks. Instead, the Court will provide an Elmo projector and television screen, or other technology, for purposes of publishing admitted exhibits to the jury. The parties may use the Elmo system provided by the Court or may bring in their own technology for purposes of publishing exhibits. Questions concerning 4 6. exhibits and courtroom equipment/technology may be directed to Ms. Pearson. 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 one to my courtroom deputy and the other to my court reporter. The court reporter does not need media files such as videos or photos, only document exhibits. E. 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/). F. Depositions Together with Fed. R. Crim. P. 15, this Standing Order governs the use of depositions in criminal proceedings: 1. 2. 3. Objections to any portion of a proposed deposition shall be filed as soon as practicable, but no 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. For jury trials, parties shall provide a person to read the deposition answers. 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 the government’s designated portions highlighted in yellow and the defendant’s in blue. G. Videotaped Depositions Together with Fed. R. Crim. P. 15, this Standing Order governs the use of videotaped depositions in criminal proceedings. Objections to any portion of a 5 proposed videotaped deposition shall be filed as soon as practicable, but no later than the time of the Trial Preparation Conference. Objections may be resolved before trial to facilitate appropriate redaction. H. Special Equipment (Audio/Visual) 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 my Courtroom Deputy, Cathy Pearson, 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. A. Page Limitations III. MOTIONS PRACTICE 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 this Standing Order 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. Conferral The moving party is directed to confer with opposing counsel (and co-defendant counsel if applicable) before filing any motion and include the opposing party’s position in the motion. C. Objections to Rule 404(b) Notices Objections to a Fed. R. Crim. P. 404(b) notice shall be filed no later than seven days before the Trial Preparation Conference. D. 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 6 flagged in a trial brief. If motions in limine are filed, they must be filed fourteen days before the trial preparation conference. E. Ends of Justice Continuances of Hearings and Trials All motions for an ends of justice continuance must: 1. 2. 3. Specify the number of days remaining on the speedy trial clock and the date the requesting party believes the speedy trial clock expires; Specify the number of days the party is seeking to exclude; and Identify which parties join in the motion and which parties object to the motion. Any party who objects to the granting of an ends of justice continuance must file their objection within seven days of the filing of the motion. F. 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 no later than seven days before trial. Please flag evidentiary issues in a trial brief rather than by a motion in limine. A trial brief may not be used as a substitute for a motion. A. Trial Preparation Conference IV. TRIALS The Trial Preparation Conference will usually be held approximately seven 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 Preparation Conference date and specify the tasks to be completed before the Trial Preparation Conference. 1. Preliminary Statement, Voir Dire, Jury Instructions, Verdict Forms a. Fourteen days before the Trial Preparation Conference, the parties shall meet and confer regarding the Preliminary Statement (summarizing or introducing the case) to be read to the jury, Voir Dire, Jury Instructions, and Verdict Forms. These documents shall be filed no later than five days before the Trial Preparation Conference. The jury instructions shall be titled (e.g., Burden of Proof) and 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 documents 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. 7 b. c. Within the jury instructions file, each jury instruction shall begin on a new page. 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. The parties should include the title references on each instruction, i.e., Burden of Proof, Direct and Circumstantial Evidence, etc. 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 online at (https://www.ca10.uscourts.gov/). found 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.D and II.E. above. 3. Trial Stipulations shall be filed five days before the Trial Preparation Conference. B. Jury Trials 1. 2. 3. Counsel and pro se parties shall be present on the first day of trial at 8:00 a.m. Jury selection will begin at 8:30 a.m. Each trial day, counsel must be ready at 8:00 a.m. to meet with the Court. The jury will be brought in and trial will commence at 8:30 a.m. and continue until 4:30 p.m. The trial day will have morning and afternoon recesses of approximately fifteen minutes duration. A lunch break of approximately 45 minutes will be taken at approximately 12:00 p.m. Unless ordered otherwise, the procedure employed for selection of jurors and alternate jurors will be reviewed with the parties at the Trial Preparation Conference. Unless ordered otherwise, each side shall be permitted voir dire examination of 15 to 20 minutes after voir dire examination by the Court. 8 4. 5. 6. 7. 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. Jurors will be permitted to take notes during the trial. The jury will be instructed before closing arguments. 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 8:30 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. D. Glossary 1. 2. No 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. 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. A. Treatment of Notice of Disposition V. PLEA AGREEMENTS 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 Unites States Sentencing Guidelines (“U.S.S.G.”), or to any other statutory guideline calculation or adjustment predicated on such cooperation. 9 C. Plea Agreement Supplement 1. 2. 3. 4. 5. In all criminal cases resolved by a 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 courtroom deputy will file the Plea Agreement Supplement in the Electronic Case Filing (“ECF”) system as a Court only entry. 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. The Plea Agreement Supplement shall be signed by all persons who sign the Plea Agreement. 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 the D.C.COLO.LCrR 11.1(c). 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, Section 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 10 2. 3. D.C.COLO.LCrR 32.1 shall, except as provided in ¶3 below, be filed as restricted documents subject to Restriction Level 2. This requirement shall constitute a standing order for purposes of D.C.COLO.LCrR 32.1(d) and 47.1(a). 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 is to be tendered pursuant to Fed. R. Crim P. 11(c)(1)(C), the notice of disposition must so state. 11

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CASE CAPTION: CASE NO.: EXHIBIT LIST OF: (Name and Party Designation) Exhibit Witness Brief Description Stipulation Offered Admitted Refused Court Use Only Exhibit Witness Brief Description Stipulation Offered Admitted Refused Court Use Only

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE S. KATO CREWS Case No. _________________________ Date:_________________ Case Title: ____________________________________________________________ _______________________________ WITNESS LIST (Plaintiff/Defendant) WITNESS ESTIMATED DATE(S) AND LENGTH OF TESTIMONY __________________________________ ____________________________ __________________________________ ____________________________ __________________________________ ____________________________ __________________________________ ____________________________ __________________________________ ____________________________ __________________________________ ____________________________ __________________________________ ____________________________ __________________________________ ____________________________ __________________________________ ____________________________ __________________________________ ____________________________ __________________________________ ____________________________ __________________________________ ____________________________ __________________________________ ____________________________

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JURY SELECTION PROTOCOL Criminal Jury Trials Judge S. Kato Crews 1. Except in longer trials, the jury will consist of twelve regular jurors and one alternate juror, who shall remain anonymous to all but the court and the parties. The alternate juror shall be in the seat selected by the court during the Trial Preparation Conference. 2. Thirty-one prospective jurors will be chosen at random by lot and seated in front of and in the jury box. 3. Voir dire will be conducted by the court and counsel and will be directed to those 31 prospective jurors. 4. Any juror excused by the court for hardship will be replaced by a prospective juror other than the initial 31. 5. After voir dire is completed, the court will entertain challenges for cause. 6. Pursuant to Fed. R. Crim. P. 24(b) and (c)(2) and (c)(4)(A), the defendant is entitled to eleven peremptory challenges (ten for the regular jurors and one for the alternate) and the government is entitled to seven peremptory challenges (six for the regular jurors and one for the alternate). 7. When the court directs, the parties shall exercise their regular (non- alternate) juror peremptory challenges in the following order: • the government may exercise its first peremptory challenge; • the defendant may exercise his first and second peremptory challenges; • the government may exercise its second peremptory challenge; • the defendant may exercise his third and fourth peremptory challenges; • the government may exercise its third peremptory challenge; • the defendant may exercise his fifth and sixth peremptory challenges; • the government may exercise its fourth peremptory challenge; • the defendant may exercise his seventh and eighth peremptory challenges; • the government may exercise its fifth peremptory challenge; • the defendant may exercise his ninth peremptory challenge; • the government may exercise its sixth peremptory challenge; • the defendant may exercise his tenth peremptory challenge; 8. When the court directs, the parties shall exercise their alternate juror peremptory challenges in the following order: • the government may exercise its seventh (and final) peremptory challenge as to the alternate juror only, or the challenge is waived; and • the defendant may exercise his eleventh (and final) peremptory challenge as to the alternate juror only. 9. If either side accepts the jury before exercising all of its peremptory challenges, the other side may continue to exercise available peremptory challenges in response to which the side accepting the jury with peremptory challenges remaining may exercise remaining peremptory challenges, but only with respect to a prospective juror who was seated in the place of another prospective juror who was excused through the exercise of a peremptory challenge. 10. A peremptory challenge shall be by audible strike made in open court by the party exercising the challenge. 11. All but the last peremptory challenge for each side shall be directed at prospective jurors in seats 1 through 13 only, with the exception of the seat designated for the alternate. As required by Fed. R. Crim. P. 24(c)(2) and (4), the last peremptory challenge for each side may be used to remove the alternate juror only. 12. Panelists in seats one through thirteen who are excused by peremptory challenge shall be replaced by remaining prospective jurors in seats 14 through 31 beginning with the prospective juror in seat 14. 2

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO District Judge S. Kato Crews Civil Action No.: ____-cv-______-SKC-____ ____________________________ Plaintiff, v. ___________________________, Defendant. FINAL JURY INSTRUCTIONS NOTE: The following are standard instructions for use as applicable to a given case. Not all of these instructions may apply to your case. Last updated: 2-5-2025 1 INSTRUCTION NO. 1 INTRODUCTION TO FINAL INSTRUCTIONS Members of the Jury: In any jury trial there are, in effect, two judges. I am one of the judges, you are the other. I am the judge of the law. You, as jurors, are the judges of the facts. I presided over the trial and decided what evidence was proper for your consideration. It is also my duty at the end of the trial to explain to you the rules of law that you must follow and apply in arriving at your verdict. In explaining the rules of law that you must follow, first, I will give you some general instructions which apply in every civil case – for example, instructions about burden of proof and insights that may help you judge the believability of witnesses. Then I will give you specific rules of law that apply to this case. And finally, I will explain the procedures you should follow in your deliberations, and the possible verdicts you may return. You will be allowed to take these instructions with you to the jury deliberation room, so you don’t need to take notes as I read them to you. 2 INSTRUCTION NO. 2 PURPOSE OF JURY AND DUTY TO FOLLOW INSTRUCTIONS These instructions contain the law that you must use in deciding the case. No single instruction states all the applicable law. All the instructions must be read and considered together. You, as jurors, are the judges of the facts. But in determining what actually happened – that is, in reaching your decision as to the facts – it is your sworn duty to follow all of the rules of law as I explain them to you. You must not be concerned with the wisdom of any rule of law. Regardless of any opinion you may have as to what the law should be, it would be a violation of your sworn duty to base a verdict upon any other view of the law than that given in the instructions of the Court. By these instructions, the Court does not express any opinions as to what has or has not been proven in the case, or to what are or are not the facts of the case, except for the stipulations agreed to by the parties. And nothing in these instructions or in any verdict form prepared for your use is meant to suggest or convey in any way any suggestion as to what verdict the Court thinks you should find. What verdict you reach shall be your sole prerogative and duty. 3 INSTRUCTION NO. __ BURDEN OF PROOF AND PREPONDERANCE OF THE EVIDENCE – DEFINED The Plaintiff has the burden of proving his claim by a preponderance of the evidence. The Defendant has the burden of proving his affirmative defense by a preponderance of the evidence. To prove something by a “preponderance of the evidence” means to prove that it is more probably true than not. “Burden of proof” means the obligation a party has to prove their claim or defense by a preponderance of the evidence. The party with the burden of proof can use evidence produced by any party to persuade you. If a party fails to meet their burden of proof as to any claim or defense or if the evidence weighs so evenly that you are unable to say there is a preponderance on either side, you must reject that claim or defense. This means that no matter who produces the evidence, when you consider Plaintiff’s claim in light of all the facts, you must believe that claim is more probably true than not true in order to find in his favor. To put it differently, if you were to put all the evidence in favor of Plaintiff and all the evidence in favor of Defendant on opposite sides of a scale, Plaintiff would have to make the scale tip to Plaintiff’s side. If Plaintiff fails to meet this burden, your verdict must be for Defendant. In evaluating whether the parties have met their respective burdens on their claim and affirmative defense, you should also know the law does not require the parties to call as witnesses all persons who may have been present at any time or place involved in the case, or who may appear to have some knowledge of the matters at issue. Nor does the law require parties to produce as exhibits all papers or other things mentioned in the evidence in the case. 4 INSTRUCTION NO. __ EVIDENCE – GENERAL You must make your decision based only on the evidence the parties presented to you during the trial. That evidence consists of: The sworn testimony of witnesses on both direct and cross-examination, 1. regardless of who called the witness; 2. Documents and other things received into evidence as exhibits; and Any facts on which the lawyers agree or which I instruct you to accept as 3. true. Nothing else is evidence. The following things are not evidence and you must not consider them as evidence in deciding the facts of this case: Statements and arguments by lawyers are not evidence. The lawyers are 1. not witnesses. What they said in their opening statements, during jury selection, in closing arguments, and at other times was intended to help you interpret the evidence, but it was not evidence. If the facts as you remember them differ from the way the lawyers have stated them, your memory of the facts controls. 2. Questions and objections by the lawyers are not evidence. Lawyers have a duty to their clients to object when they believe a question is improper under the rules of evidence. You should not be influenced by any objections or by my rulings on them. Testimony that has been excluded or stricken, or that you have been 3. instructed to disregard, is not evidence and must not be considered. 4. Anything you may have seen or heard when court was not in session is not evidence, even if what you saw or heard was done or said by one of the parties or by one of the witnesses. In addition, as I have previously told you, you are not allowed to look at, read, consult, or use any material of any kind, including any dictionaries or medical, scientific, technical, religious, or law books, the Internet, or any material of any type or description in connection with your jury service. None of these materials are evidence. 5 Any notes you have taken during this trial are only aids to your memory. 5. The notes are not evidence. If you have not taken notes, you should rely on your independent recollection of the evidence and not be unduly influenced by the notes of other jurors. Notes are not entitled to any greater weight than the recollections or impressions of each juror about the testimony. 6 INSTRUCTION NO. __ EVIDENCE – DIRECT AND CIRCUMSTANTIAL You may have heard the phrases “direct evidence” and “circumstantial evidence.” Direct evidence is proof that does not require an inference, such as the testimony of someone who claims to have personal knowledge of a fact. Circumstantial evidence is proof of a fact, or a series of facts, that tends to show that some other fact is true. As an example, direct evidence that it is raining is testimony from a witness who says, “I was outside a minute ago and I saw it raining.” Circumstantial evidence that it is raining is the observation of someone entering a room carrying a wet umbrella. The law makes no distinction between the weight to be given to either direct or circumstantial evidence. You should decide how much weight to give to any evidence. In reaching your verdict, you should consider all the evidence in the case, including the circumstantial evidence. 7 INSTRUCTION NO. __ EVIDENCE – INFERENCES You should use common sense in weighing the evidence and consider the evidence in light of your own observations in life. In our lives, we often look at one fact and conclude from it that another fact exists. In law we call this “inference.” A jury is allowed to make reasonable inferences. Any inference you make must be reasonable and must be based on the evidence in the case. 8 INSTRUCTION NO. __ HIGHLIGHTED OR REDACTED EXHIBITS The lawyers may have highlighted certain parts of some exhibits. However, it is for you to determine the significance of the highlighted parts. Also, the lawyers may have redacted (blacked out) portions of some exhibits. Those redactions are appropriate and are allowed by applicable law or rules. You should make no inferences based on any redactions you see in the exhibits. 9 INSTRUCTION NO. __ EVIDENCE - DEMONSTRATIVE EXHIBITS Certain timelines, diagrams, photographs and calculations may have been shown to you. Those are used for convenience and to help explain the facts of the case. They are not themselves evidence or proof of any facts. 10 INSTRUCTION NO. __ EVIDENCE - CHARTS AND SUMMARIES IN EVIDENCE Certain charts and summaries may have been received into evidence to illustrate information brought out in the trial. The Court has admitted these charts and summaries, if any, in place of the underlying documents they represent to save time and avoid unnecessary inconvenience. 11 INSTRUCTION NO. __ EVIDENCE - USE OF DEPOSITIONS AS EVIDENCE During the trial, certain testimony was presented by a deposition. The deposition consisted of sworn, recorded answers to questions asked of the witness in advance of the trial by attorneys for the parties to the case. The deposition testimony of a witness who, for some reason, is not present to testify from the witness stand may be presented at trial. This testimony is entitled to the same considerations, and should be judged as to credibility and weight, in the same way as if the witness had been present and had testified from the witness stand. You should make no inferences regarding any testimony from the deposition that was not presented. 12 INSTRUCTION NO. __ EXPERT WITNESSES The rules of evidence ordinarily do not permit witnesses to testify as to their own opinions or their own conclusions about important questions in a trial. An exception to this rule exists for those witnesses who are described as “expert witnesses.” An “expert witness” is someone who, by education, background, training, or experience, may have become knowledgeable in some technical, scientific, or very specialized area. If such knowledge or experience may be of assistance to you in understanding some of the evidence or in determining a fact, an “expert witness” in that area may state an opinion as to a matter in which they claim to be an expert. You should consider each expert opinion received in evidence in this case and give it such weight as you may think it deserves. You should judge expert testimony just as you would judge any other testimony. If you decide that the opinion of an expert witness is not based upon sufficient education or experience, or if you conclude that the reasons given in support of the opinion are not sound, or if you conclude that the opinion is outweighed by other evidence, including that of other “expert witnesses,” you may disregard the opinion in part or in its entirety. 13 INSTRUCTION NO. __ DETERMINING CREDIBILITY OF WITNESSES You are the sole judges of the credibility of the witnesses and the weight to be given their testimony. You should take into consideration their means of knowledge, strength of memory and opportunities for observation; the reasonableness or unreasonableness of their testimony; the consistency or lack of consistency in their testimony; their motives; whether their testimony has been contradicted or supported by other evidence; their bias, prejudice or interest, if any; their manner or demeanor upon the witness stand; and all other facts and circumstances shown by the evidence which affect the credibility of the witnesses. Based on these considerations, you may believe all, part, or none of the testimony of a witness. 14 INSTRUCTION NO. __ PREPONDERANCE NOT DETERMINED BY NUMBER OF WITNESSES The weight of evidence is not necessarily determined by the number of witnesses testifying to a particular fact. You may find the testimony of one witness or a few witnesses more persuasive than the testimony of a larger number. You need not accept the testimony of the larger number of witnesses. 15 INSTRUCTION NO. __ SYMPATHY - PREJUDICE You must not be influenced by sympathy, bias or prejudice for or against any party in this case. 16 INSTRUCTION NO. __ NO SPECULATION Any finding of fact you make must be based on probabilities, not possibilities. You should not guess or speculate about a fact. 17 INSTRUCTION NO. __ ALL PERSONS EQUAL BEFORE THE LAW—ORGANIZATIONS— IMPLICIT BIAS You should consider and decide this case as a dispute between persons of equal standing in the community, of equal worth, and holding the same or similar stations in life. Corporations and governmental agencies are entitled to the same fair trial as a private individual. All persons, including corporations, governmental agencies, and other organizations stand equal before the law, and are to be treated as equals. You should not be influenced by who the parties are, or who the witnesses are, i.e., whether they are rich or poor, young or old, well-educated or not. You also should be aware of the natural human tendency to look at others and to filter what they have to say through the lens of our own personal experience and background. Because we all do this, we often see life – and evaluate evidence – in a way that tends to favor people who are like ourselves or who have had life experiences like our own. In deciding this case, I urge you to be aware of this natural human tendency to stereotype other people and to make assumptions about them based on the stereotypes, and I urge you to avoid such stereotyping. 18 INSTRUCTION NO. __ STATEMENT OF THE CASE The Court will now explain the claims and defenses of each party to the case and the law governing the case. Please pay close attention to these instructions. These instructions include both general instructions and instructions specific to the claims and defenses in this case. You must consider all the general and specific instructions together. You must all agree on your verdict, applying the law, as you are now instructed, to the facts as you find them to be. [Insert Statement] These are the issues you are to decide. 19 INSTRUCTION NO. __ STIPULATED FACTS The parties have stipulated or agreed to the facts listed below. You must treat each of these facts as having been proved for the purpose of this case: 1. 2. 3. [Insert Stipulated Fact] [Insert Stipulated Fact] [Insert Stipulated Fact] 20 INSTRUCTION NO. __ [ELEMENTAL INSTRUCTION FOR SPECIFIC CLAIM] [Insert elemental instruction followed by additional elemental and definitional instructions for claims and affirmative defenses as necessary.] 21 INSTRUCTION NO. __ DAMAGES NOT TO BE INFERRED I will now instruct you on the law relating to damages. The fact that an instruction on measure of damages is given to you does not mean the Court is instructing the jury to award or not award damages. The question of whether or not damages are to be awarded is a question for the jury’s consideration. 22 INSTRUCTION NO. ___ PERSONAL INJURIES—ADULTS Plaintiff ___________ has the burden of proving, by a preponderance of the evidence, the nature and extent of his claimed damages. If you find in favor of the plaintiff, you must determine the total dollar amount of his damages, if any, that were caused by the defendant ______________. In determining such damages, you shall consider the following: 1. Any noneconomic losses or injuries which the plaintiff has had to the present time or which the plaintiff will probably have in the future, including: physical and mental pain and suffering, inconvenience, emotional stress, and impairment of the quality of life. In considering damages in this category, you shall not include actual damages for physical impairment or disfigurement, because these damages, if any, are to be included in a separate category. 2. Any economic losses or injuries which the plaintiff has had to the present time or which the plaintiff will probably have in the future, including: loss of earnings or damage to his ability to earn money in the future, and reasonable and necessary medical, hospital, and other expenses. In considering damages in this category, you shall not include actual damages for physical impairment or disfigurement, since these damages, if any, are to be included in a separate category. 3. Any physical impairment or disfigurement. In considering damages in this category, you shall not include damages again for losses or injuries already determined under either numbered paragraph 1 or 2 above. 23 INSTRUCTION NO. ___ UNCERTAINTY AS TO THE AMOUNT OF DAMAGES Difficulty or uncertainty in determining the precise amount of any damages does not prevent you from deciding an amount. In that circumstance, you should use your best judgment based on the evidence. On the other hand, damages may not be awarded where the fact of damages, as opposed to the amount, is uncertain. 24 INSTRUCTION NO. ___ APPLYING LAW TO EVIDENCE In your deliberations, your duty is to apply the Court’s instructions of law to the evidence that you have seen and heard in the courtroom. You are not allowed to look at, read, consult, or use any material of any kind, including newspapers, magazines, television and radio broadcasts, dictionaries, medical, scientific, technical, religious, or law books or materials, or the Internet in connection with your jury service. I want to emphasize that you must not seek or receive any information about this case from the Internet, which includes all social networking sites, Google, Wikipedia, Twitter, Facebook, blogs, and any other website. You are not allowed to do research of any kind about this case. Do not use information from any other source concerning the facts or the law applicable to this case other than the evidence presented and the instructions that I give you. Do not do your own investigation or research about this case. You are not allowed to visit any places mentioned in the evidence. If this is an area that you normally go through, you should try to take an alternate route. If you are not able to take an alternate route, you should not gather any information from that location. 25 INSTRUCTION NO. ___ DUTIES UPON RETIRING When I finish reading these instructions, I will swear my Courtroom Deputy and she will escort you to the jury room and will give you the original jury instructions and the original verdict form. Any exhibits admitted into evidence will also be placed in the jury room for your review. You will be allowed to take your notes with you and your copy of the jury instructions that I have just read. The original of the jury instructions and the exhibits are a part of the court record. Do not place any marks or notes on them. Your copy of the instructions may be marked or used in any way you see fit. When you go to the jury room, you should first select a foreperson, who will help guide your deliberations and will speak for you here in the courtroom. The second thing you should do is review the instructions in their entirety before beginning your deliberations. Not only will your deliberations be more productive if you understand the legal principles upon which your verdict must be based, but for your verdict to be valid, you must follow the instructions throughout your deliberations. Remember, you are the judges of the facts, but you are bound by your oath to follow the law stated in the instructions. You may deliberate only while all jurors are present together in the jury room. You must suspend your deliberations until and unless you are all present together in the jury room. It is your duty to find the facts from all the evidence in the case. To those facts, you must apply and follow the laws contained in these instructions whether you agree with them or not. Your decision is called a “verdict” and is reached by applying those laws to the facts as you find them. You must not be influenced by any personal likes or dislikes, opinions, prejudices, or sympathies. You must follow all of these instructions and not single out some and ignore others; they are all equally important. Your deliberations will be secret. You will never have to explain your verdict to anyone. 26 Any verdict you reach must represent the collective judgment of the jury. To return a verdict, it is necessary that each juror agree to it. In other words, your verdict must be unanimous. Your verdict must be based solely on the evidence received in the case. Nothing you have seen or read outside of court may be considered. Nothing that I have said or done during the trial is intended, in any way, to suggest to you somehow what I think your verdict should be. Nothing said in these instructions and nothing in the verdict form is intended to suggest or convey to you in any way or manner what verdict I think you should return. What the verdict shall be is the exclusive duty and responsibility of the jury. As I have told you many times, you are the sole judges of the evidence and the facts. This is an important case. If you should fail to agree upon a verdict, the case is left open and must be tried again. Obviously, another trial would require the parties to make another large investment of time and effort, and there is no reason to believe that the case can be tried again better or more exhaustively than it has been tried before you. It is your duty, as jurors, to consult with one another and deliberate with a view toward reaching an agreement if you can do so without violence to individual judgment. Each of you must decide the case for yourself, but do so only after an impartial consideration of the evidence with your fellow jurors. During your deliberations do not hesitate to reexamine your own views and change your opinion if you are convinced it is erroneous. But do not surrender your honest conviction as to the weight or effect of evidence solely because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict. A Special Verdict Form has been prepared to help guide you through your deliberations. This form contains questions and directions for answering them. In answering these questions, you must apply the law in these instructions to the facts that were proved by the evidence in this case. You will note that the Special Verdict Form includes a number of questions that call for a “yes” or “no” answer. The answer to each question must be the unanimous answer of the jury. Your foreperson will write the unanimous answer of the jury in the space provided for each response. As you will note from the wording of the questions, it may not be necessary to consider or answer every question. You will be provided with only one copy of the Special Verdict Form, so please 27 do not write on the form or indicate your answer to any questions on it until you have all agreed on the answer. After you reach a verdict, your foreperson should ensure that the Special Verdict Form is complete and then each of you must sign the Special Verdict Form and the form must be dated. Please double-check that the Form has been filled out in its entirety and that it is signed and dated. The foreperson should then advise the Courtroom Deputy that you have reached a verdict, but do not tell her what your verdict is. The Courtroom Deputy will then inform me that you have reached a verdict. The foreperson should remain in possession of the Special Verdict Form until you return to the courtroom and I request that it be given to me. 28 INSTRUCTION NO. __ COMMUNICATING WITH THE COURT If it becomes necessary during your deliberations to communicate with me, you may send a folded note through the Courtroom Deputy, signed by one of you. Do not disclose the content of your note to the Courtroom Deputy. No member of the jury should hereafter attempt to communicate with me except by signed writing and I will communicate with any member of the jury on anything concerning the case only in writing, or orally here in open court. You are not to tell anyone – including me – how the jury stands, numerically or otherwise, until you have reached a unanimous verdict and I have discharged you. If you send a note to me containing a question or request for further direction, please keep in mind that responding may take some time and effort. Before giving you an answer or direction, I must first notify the attorneys and bring them back to the courtroom. I must confer with them, listen to their arguments, research the legal authorities, if necessary, and reduce the answer or direction to writing. Please understand also that there may be questions that, under the law, I am not permitted to answer. If it is improper for me to answer the question, I will tell you that. Please do not speculate about what the answer to your question might be or why I am not able to answer any particular question. 29