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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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PRACTICE STANDARDS – CRIMINAL CASES Judge Nina Y. Wang United States District Court District of Colorado Alfred A. Arraj United States Courthouse 901 19th Street, Courtroom A-902 Denver, Colorado 80294-3589 Email: [email protected] Telephone: 303.335.2600 Revised: December 1, 2025 TABLE OF CONTENTS I. GENERAL PROCEDURES ................................................................................................ 3 A. Applicable Rules ............................................................................................................. 3 B. Communications with Chambers .................................................................................... 3 C. Citations ......................................................................................................................... 3 D. Proposed Orders ............................................................................................................ 4 II. COURTROOM PROCEDURES ......................................................................................... 4 A. Courtroom Operations .................................................................................................... 4 B. Recording of Proceedings .............................................................................................. 4 C. Courtroom Decorum ....................................................................................................... 4 D. Oaths ............................................................................................................................. 5 III. MOTIONS PRACTICE .................................................................................................... 5 A. Page Limitations and Formatting Requirements ............................................................. 5 B. Motions to Continue or Reset ......................................................................................... 5 C. Motions for Extension of Time ........................................................................................ 6 D. Emergency Motions ........................................................................................................ 6 E. Ends-of-Justice Motions ................................................................................................. 6 F. Objections to Rule 404(b) Notices .................................................................................. 6 G. Motions In Limine ........................................................................................................... 7 IV. HEARINGS AND TRIALS ............................................................................................... 7 A. Trial Preparation Conference .......................................................................................... 7 B. Evidentiary Hearings ...................................................................................................... 7 C. Proposed Voir Dire Questions ........................................................................................ 7 D. Jury Instructions and Verdict Form ................................................................................. 8 E. Exhibits and Exhibit Lists ................................................................................................ 8 F. Witness Lists .................................................................................................................10 G. Depositions ...................................................................................................................10 H. Trial Briefs .....................................................................................................................11 I. Jury Trials ......................................................................................................................12 J. Bench Trials ..................................................................................................................13 K. Glossary ........................................................................................................................13 L. Sentencing Hearings .....................................................................................................14 V. PLEA AGREEMENTS .......................................................................................................14 A. Notices of Disposition ....................................................................................................14 B. Rule 11(c)(1)(C) Pleas ...................................................................................................14 C. Plea Agreement Content Restriction ..............................................................................14 D. Change of Plea Hearings ..............................................................................................15 I. GENERAL PROCEDURES A. Applicable Rules 1. Those appearing in the District Court must know and follow: a. The Federal Rules of Criminal Procedure; b. The Federal Rules of Evidence; c. The Local Rules of Practice of the United States District Court for the District of Colorado; d. The Electronic Case Filing Procedures (Criminal Version 3.0 or the most recent version); and e. These Practice Standards. Failure to comply with these rules, procedures, or standards may result in appropriate sanctions. B. Communications with Chambers 1. Chambers staff cannot 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, please contact Chambers at [email protected] or at 303.335.2600. The opposing counsel or the opposing pro se party must be included in all communications to Chambers. 2. For information about filing documents electronically, please contact the ECF Help Desk at [email protected] or at 303.335.3433. C. Citations 1. Citations shall be made pursuant to the most current edition of The Bluebook: A Uniform System of Citation. 2. 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). Whenever practicable, a citation to an unpublished opinion should include its Westlaw citation. 3. These standards should be cited as NYW Crim. Practice Standard, Part, Section, Subsection, Paragraph, and Subparagraph (e.g., NYW Crim. Practice Standard § III.F.1.a). 3 D. Proposed Orders 1. All unopposed motions, with the exception of motions for an ends-of- justice continuance, to reschedule a hearing, or to restrict a document, shall include a proposed order as an attachment to the motion. The proposed order should also be submitted via email to [email protected] in editable Microsoft Word format. II. COURTROOM PROCEDURES A. Courtroom Operations For information regarding the courtroom, including telephonic or video connection, courtroom equipment and technology, courtroom protocol, use of deposition transcripts, the submission of trial exhibits and witness lists, and the use of exhibits at trial, please contact the courtroom deputy, Emily Buchanan, at [email protected]. The courtroom is equipped with HDMI and VGA plug-ins for displaying exhibits. In addition, there are monitors at each table including the witness stand, large screens for the gallery, white pads, easels, and an ELMO. Please contact Ms. Buchanan at least fourteen days prior to the hearing or trial with any questions regarding remote witnesses (if allowed by the Court), submission of trial exhibits and witness lists, use of exhibits at trial, general courtroom procedures, and to schedule a technical walk-through, if needed. B. Recording of Proceedings The realtime reporter assigned to the Court is Darlene Martinez. She may be contacted at [email protected]. Transcripts of court proceedings may be ordered from Ms. Martinez. Requests for realtime, daily, or hourly copies must be made at least thirty days before trial. For further details, please contact Ms. Martinez. C. Courtroom Decorum Creating a courtroom where all parties, 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 preferred pronouns of counsel, clients, 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. 4 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. All parties should observe the following courtroom decorum: 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”; and refer to all other persons by their surnames, prefaced by the individual’s title (e.g., Dr., Agent, Officer, etc.) and preferred pronouns. D. 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. III. MOTIONS PRACTICE A. Page Limitations and Formatting Requirements 1. All papers filed with the Court shall be double-spaced and in an easily readable 12-point font. 2. All motions, objections, responses, and briefs shall not exceed fifteen pages. Reply briefs, when permitted, shall not exceed ten pages. These page limitations shall not include the cover page, table of contents, signature block, or certificate of service. The Court will entertain motions for extensions of the page limitation where appropriate and for good cause. 3. Motions and all supporting arguments should be contained in a single document. Exhibits to a motion, response, or reply must be filed on the same calendar day as the motion, response, or reply. Exhibits filed on a later day may be summarily stricken. B. Motions to Continue or Reset 1. Requests to continue or reset a hearing or trial must be made via formal motion filed on the docket, except in exigent or unforeseen circumstances. Requests to continue or reset a hearing or trial should be made as far in advance of the setting as possible. 2. 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, 5 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 continuances are not effective unless approved by the Court. When a motion to continue is granted, all parties will be notified as soon as practicable. C. Motions for Extension of Time 1. 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. D. Emergency Motions 1. Emergency motions are only those necessary to avoid imminent, irreparable harm. Counsel filing an emergency motion should ensure that: (1) the caption of the motion begins with the word “emergency”; (2) the motion is electronically filed using the CM/ECF drop-down menu option entitled “Emergency” on the docket text modification screen; and (3) Chambers is notified of the motion by email at [email protected] with a subject line containing “Emergency Motion” and the case name and number. E. Ends-of-Justice Motions 1. All motions for an ends-of-justice continuance must: a. Specify the date the requesting party believes the speedy trial clock expires; b. Specify the specific number of days the party is seeking to exclude; and Identify which parties join in the motion and which parties object to c. the motion. 2. 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. Objections to Rule 404(b) Notices 1. An objection to a Fed. R. Crim. P. 404(b) notice shall be filed no later than seven days after such Rule 404(b) notice was filed. 6 G. Motions In Limine 1. Motions in limine are strongly discouraged when the motion cannot be resolved until evidence is presented at trial. Instead, those evidentiary issues should be flagged in a trial brief. If motions in limine are filed, they must comply with the following 2. procedures: a. Prior to filing a motion in limine, counsel shall confer with one another in an attempt to resolve the contested evidentiary issues. If they are unable to come to a mutual resolution, counsel shall then determine which party will file the motion on the particular evidentiary issue and which party will file the response. b. Motions in limine must be filed fourteen days before the Trial Preparation Conference. Responses shall be filed seven days before the Trial Preparation Conference. c. Unless otherwise ordered, each party shall be limited to one omnibus motion in limine. IV. HEARINGS AND TRIALS A. Trial Preparation Conference 1. The Trial Preparation Conference will be held approximately seven days before trial. Counsel who will try the case must attend. B. Evidentiary Hearings 1. If the parties believe an evidentiary hearing on a motion is necessary, they shall email [email protected] no later than two business days after the motion is filed to set the hearing. Prior to emailing Chambers, the parties shall meet and confer to discuss the anticipated length of the evidentiary hearing and shall include the anticipated length in their email to Chambers. C. Proposed Voir Dire Questions 1. The parties shall submit their respective proposed voir dire questions to the Court no later than seven days prior to the Trial Preparation Conference. The parties shall file their respective proposed voir dire questions via CM/ECF to and [email protected]. The parties shall be prepared to discuss their proposed voir dire at the Trial Preparation Conference. Microsoft Word versions editable send shall 7 D. Jury Instructions and Verdict Form 1. The parties shall submit their proposed jury instructions and proposed verdict form seven days prior to the Trial Preparation Conference, unless otherwise ordered. The parties shall jointly file their proposed jury instructions and their proposed verdict form (in separate filings) via CM/ECF and shall also jointly send an editable Microsoft Word version of each document to [email protected]. 2. Each proposed jury instruction must be submitted on a separate page, be numbered, and identify the source of the instruction and supporting authority. Whenever practicable and appropriate, the parties shall use or adapt for use the Criminal Pattern Jury Instructions prepared by the Criminal Pattern Jury Instruction Committee of the United States Court of Appeals for the Tenth Circuit. The pattern instructions and updates may be found online at https://www.ca10.uscourts.gov. 3. The parties must use their best efforts to stipulate to jury instructions. To the extent there are disputes with respect to proposed jury instructions, each party shall submit its own proposed jury instruction. In addition, for each disputed instruction, the parties shall jointly submit a single, redlined jury instruction in which they delineate the language they respectively propose. For example: Defendant’s Proposed Jury Instruction: You have heard evidence of other crimes engaged in by the defendant. You may consider that evidence only as it bears on the defendant’s motive and for no other purpose. The Government’s Proposed Jury Instruction: You have heard evidence of other crimes engaged in by the defendant. You may consider that evidence only as it bears on the defendant’s motive, plan, knowledge, or absence of mistake, and for no other purpose. 4. The parties shall meet and confer and stipulate to a proposed verdict form. The Court strongly encourages counsel to craft a stipulated verdict form that is readily understandable to laypersons. E. Exhibits and Exhibit Lists 1. Exhibits a. Prior to a hearing or trial, the parties shall jointly provide to the courtroom deputy a copy of all exhibits in a notebook format. This notebook will be used for the witnesses and/or the jury. For all trials, the exhibit notebook is due no later than seven days prior to the Trial 8 Preparation Conference, unless otherwise ordered. For all hearings, the exhibit notebook is due no later than two business days prior to the hearing, unless otherwise ordered. b. In addition to submitting exhibit notebooks, the parties shall jointly provide to the courtroom deputy two flash drives that each contains a copy of all exhibits, numbered sequentially in the same numeric order used in the exhibit notebook. For all trials, exhibit flash drives are due no later than seven days prior to the Trial Preparation Conference, unless otherwise ordered. For all hearings, exhibit flash drives are due no later than two business days prior to the hearing, unless otherwise ordered. c. The parties must stipulate to the authenticity and admissibility of as many exhibits as possible, marking the appropriate box on the proposed exhibit list. The failure to appropriately stipulate to exhibits may lead to further conferences with the Court. The parties’ stipulation as to the admissibility of a document does not guarantee its admissibility; each document the parties intend to submit to the jury must be offered to and accepted by the Court. d. The parties must pre-mark all exhibits that will be used or identified for the record. Exhibits not timely pre-marked or exchanged before a hearing or trial may not be admitted. e. No oversized exhibits are to be used unless requested by prior motion and approved by the Court. 2. Exhibit Lists a. For all evidentiary hearings and trials, the parties shall use the format for exhibit the District Court’s website at http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonN inaYWang.aspx. located on lists b. For all trials, exhibit lists are due no later than seven days prior to the Trial Preparation Conference, unless otherwise ordered. The parties shall file their exhibit list(s) on CM/ECF and shall send an editable Microsoft Word version to [email protected]. c. For all evidentiary hearings, exhibit lists are due no later than two business days prior to the hearing, unless otherwise ordered. The parties shall file their exhibit list(s) on CM/ECF and shall send an editable Microsoft Word version to [email protected]. 9 F. Witness Lists 1. For all evidentiary hearings and trials, the parties shall use the format for at witness http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonNinaY Wang.aspx. the District Court’s website located lists on 2. For all trials, witness lists are due no later than seven days prior to the Trial Preparation Conference, unless otherwise ordered. The parties shall file their witness lists via CM/ECF and shall also jointly send editable Microsoft Word versions to [email protected]. 3. For all evidentiary hearings, witness lists are due no later than two business days prior to the hearing, unless otherwise ordered. The parties shall file their witness lists via CM/ECF and shall also jointly send editable Microsoft Word versions to [email protected]. 4. For each witness, please estimate the time for all examinations, e.g., direct and re-direct. For trials, two days after witness lists are filed, the parties shall file estimates of the time required for their cross-examination of the opposing party’s witnesses. The Court will strictly enforce the estimated time allotted for each witness’s testimony. The parties shall include the proposed order of witnesses, the anticipated length of testimony, and the expertise of any testifying experts. 5. On the morning of the first day of the trial or the evidentiary hearing, each party shall provide the courtroom deputy with four paper copies of a final list of its witnesses that includes an estimate of the time anticipated for each witness’s direct and cross examination. One copy will be made available to the court reporter to assist in the transcription of court proceedings, so please be sure that names are spelled correctly. G. Depositions 1. Together with Fed. R. Crim. P. 15, this Practice Standard governs the use of both regular and videotaped depositions in criminal proceedings. If the parties intend to offer deposition testimony in lieu of a live witness at 2. trial or at an evidentiary hearing: a. No later than twenty-one days prior to the Trial Preparation Conference, the party offering such testimony must designate the deposition testimony and inform the opposing party whether the testimony will be read or presented from a video recording. The deposition designations should be provided to the opposing party but should not be filed on the docket. 10 b. Counter-designations must be made no later than fourteen days prior to the Trial Preparation Conference. The counter-designations should be provided to the opposing party but should not be filed on the docket. c. The parties should be prepared to address any objections to deposition designations at the Trial Preparation Conference. Prior to the Trial Preparation Conference, the parties shall meet and confer regarding their designations and objections. After a good-faith meet and confer process, the parties shall identify any remaining objections by page and line citation and jointly submit a chart that sets forth (1) the page and line citations of the deposition testimony subject to objection; (2) an explanation for each objection; and (3) any relevant or supporting case law. The objection chart shall be filed on CM/ECF and submitted to [email protected] no later than seven days prior to the Trial Preparation Conference. In addition, no later than seven days prior to the Trial Preparation Conference, the parties shall jointly submit a to copy [email protected]. transcript(s) deposition the of i. Transcripts submitted to the Court should have each party’s designations highlighted in a different color, with a clear legend of the designated colors. testimony 3. To accommodate evidentiary objections presented by video, the proponent must have the technical ability to “mute” excluded responses and efficiently “fast forward” to the next segment of testimony. Otherwise, the deposition testimony will be read into the record. to deposition 4. For jury trials, if evidence will be presented through a written deposition transcript, the proponent shall supply a person to read from a written deposition transcript in a non-argumentative fashion. The Court does not permit attorneys of record to read deposition transcripts into the record. 5. 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 each party’s designations highlighted in a different color, with a clear legend of the designated colors. H. Trial Briefs 1. Trial briefs are encouraged but are not required absent a specific Court order. If filed, trial briefs shall not exceed ten pages and shall be filed no later 11 than seven days before trial. Please flag evidentiary issues in a trial brief rather than by motion in limine. A trial brief may not be used as a substitute for a motion. I. Jury Trials 1. Counsel shall be present no later than 8:30 a.m. each day during the trial to discuss any last-minute trial matters. Trial days will typically begin at 9:00 a.m. and end at 4:00 p.m., with a fifteen-minute break in the morning, an hour break for lunch, and a fifteen-minute break in the afternoon. However, counsel and witnesses should be aware that the general schedule may be modified to promote the efficiency of the trial. 2. Jury Selection and Voir Dire: a. The Court will conduct voir dire of prospective jurors. Unless otherwise ordered, each side will then be permitted to conduct a voir dire examination of potential jurors for fifteen minutes after the Court has completed its voir dire examination. b. After voir dire is complete, the Court will entertain challenges for cause. If any prospective jurors are struck for cause, the Court will conduct voir dire of any replacement juror(s). Each side will be permitted three peremptory strikes. c. Challenges pursuant to Batson v. Kentucky, 476 U.S. 79 (1986), and its progeny shall be made and considered at the time challenges for cause are made, before the jury is sworn. A party wishing to preserve a Batson challenge should ask the Court to not release any jurors subject to the challenge. 3. Jurors will be permitted to take notes during the trial. 4. After the close of evidence but before closing arguments, the Court will read the jury instructions to the jurors. Each juror will be given a copy of the jury instructions for use during deliberations. 5. Opening Statements and Closing Arguments: a. Opening statements will generally be limited to thirty minutes per party. Should the parties believe that they require more time, the parties should be prepared to discuss their request at the Trial Preparation Conference. Typically, only one attorney per party will be permitted to make opening statements, unless the Court finds good cause to permit otherwise. The courtroom deputy will provide a five-minute warning before time expires if requested by counsel. 12 b. After the close of evidence, the Court will inform the parties how much time will be allotted for closing arguments. Typically, only one attorney per party will be permitted to make closing arguments, unless the Court finds good cause to permit otherwise. Counsel for each party should inform the courtroom deputy whether counsel would like a warning before their time expires. Should the government wish to reserve any time for rebuttal, counsel must make the request prior to beginning closing arguments. J. Bench Trials 1. Trials to the Court will begin at 8:30 a.m. on the first day of trial. 2. Generally, the Court will permit no more than fifteen minutes for opening statements and thirty minutes for closing arguments. To the extent that the parties agree, they may substitute a written submission of no more than ten pages in lieu of closing arguments. 3. No later than three business days before the Trial Preparation Conference, the parties shall submit Proposed Findings of Fact, Conclusions of Law, and Orders. A Joint Proposed Findings of Fact, Conclusions of Law, and Orders shall be submitted that reflects stipulated facts and/or law to which the parties agree. Each party may then file separate proposed Findings of Fact, Conclusions of Law, and Orders with respect to any disputed points. The proposed Findings of Fact shall include citations to the trial exhibits, and the proposed Conclusions of Law shall include legal citations. The documents shall be filed via CM/ECF and shall also be submitted as an editable Microsoft Word version to [email protected]. The parties are expected to present their proposed findings of fact in the same order as the anticipated order of proof at trial. 4. For a trial to the Court, a proper résumé or curriculum vitae, marked as an exhibit, generally will suffice for the qualification of an expert witness. K. Glossary 1. Not later than five business days before trial, the parties shall submit a glossary of any difficult, unusual, scientific, technical, and/or medical words, names, terms, or phrases. The glossary shall be submitted via email to [email protected]. 2. The parties shall submit to the courtroom deputy three paper copies of the glossary and provide a copy of the glossary to opposing counsel and any pro se party on the day of trial. 13 L. Sentencing Hearings 1. The Court generally does not permit witnesses to speak on behalf of the defendant at a Sentencing Hearing. Individuals wishing to speak on behalf of the defendant may submit letters and other materials for consideration through defense counsel no later than three business days before the Sentencing Hearing. 2. To the extent victim testimony is anticipated at the Sentencing Hearing, the Assistant United States Attorney shall provide a list of those individuals to Chambers via email at [email protected] no later than three business days before the Sentencing Hearing. Victims may also submit letters and other materials for consideration through the United States Attorney’s Office no later than three business days before the Sentencing Hearing. V. PLEA AGREEMENTS A. Notices of Disposition 1. Any notice of disposition filed pursuant to D.C.COLO.LCrR 11.1(a) will be construed as 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. B. Rule 11(c)(1)(C) Pleas 1. Plea agreements made pursuant to Fed. R. Crim P. 11(c)(1)(C) are generally disfavored. 2. Any plea agreement under Fed. R. Crim P. 11(c)(1)(C) must be submitted to Chambers no later than fourteen days before the date set for trial. C. Plea Agreement Content Restriction 1. 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. 2. Consequently, no plea agreement shall contain any reference to any cooperation agreement between the defendant and the government, to any potential for a motion under 5K.1.1 of the United States Sentencing Guidelines or to any other statutory or guideline calculation or adjustment predicated on such cooperation. 14 D. Change of Plea Hearings 1. The Assistant United States Attorney who negotiated the plea agreement (unless no longer employed as an AUSA) and defense counsel who reviewed the plea agreement with the defendant must attend the Change of Plea Hearing. 2. The parties shall send courtesy copies of the plea documents to [email protected] no later than three business days before the Change of Plea Hearing, unless otherwise ordered. The courtesy copies of the plea documents need not be signed. 3. Pursuant to D.C.COLO.LCrR 11.1(e), defense counsel shall submit the signed original and one copy of the plea agreement and the defendant’s statement in advance of plea of guilty to the courtroom deputy at the time of the hearing. 15 TABLE OF PRE-TRIAL/TRIAL DEADLINES Note: This table is provided for the convenience of parties appearing before Judge Wang. It does not include all the dates and deadlines listed within the Court’s Criminal Practice Standards and is not a substitute for knowledge of and familiarity with the text. Deadline Days Prior to/After Practice Standard Prior to Evidentiary Hearing File exhibit list and witness lists. 2 business days §§ IV.E.2.c, F.3. Submit exhibit notebook and exhibit flash drives to the courtroom deputy. 2 business days § IV.E.1.a–b. Submit courtesy copies of plea documents. 3 business days § V.D.2. Prior to Change of Plea Hearing Prior to Sentencing Hearing Submit letters or other materials on behalf of the defendant. 3 business days § IV.L.1. Submit list of victims expected to speak at Sentencing Hearing. 3 business days § IV.L.2. Submit letters or other materials from victims for consideration in sentencing. 3 business days § IV.L.2. Prior to Trial Preparation Conference File motions in limine. 14 days File responses to motions in limine. 7 days Exchange designations of deposition testimony. 21 days § III.G.2.b. § III.G.2.b. § IV.G.2.a. Exchange counter-designations of deposition testimony. 14 days § IV.G.2.b. Submit unresolved deposition objections. 7 days File proposed jury instructions and verdict form. 7 days § IV.G.2.c. § IV.D.1. File proposed voir dire questions, exhibit list, and witness lists. 7 days §§ IV.C.1, E.2.b, F.2. 16 For trials, file estimates of the time required for cross-examination of witnesses. 2 days after witness lists are filed § IV.F.4. Submit exhibit notebook and exhibit flash drives to the courtroom deputy. 7 days § IV.E.1.a–b. File Proposed Findings of Fact, Conclusions of Law, and Orders for bench trial. 3 business days § IV.J.3. Request realtime, daily, or hourly transcripts from the court reporter. File trial briefs. Prior to Trial 30 days 7 days Submit glossary of any difficult, unusual, scientific, technical, and/or medical jargon, words, names, terms, and/or phrases. 5 business days § II.B. § IV.H. § IV.K. Submit final witness lists to the courtroom deputy. Morning of the first day of trial § IV.F.5. 17

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STANDING ORDER REGARDING TRIAL AND PRE-TRIAL PROCEDURES Judge Nina Y. Wang United States District Court District of Colorado Alfred A. Arraj United States Courthouse 901 19th Street, Courtroom A-902 Denver, Colorado 80294-3589 Email: [email protected] Telephone: 303.335.2600 Revised: December 1, 2025 TABLE OF CONTENTS A. B. C. D. Title and Citation ................................................................................................... 3 Final Pretrial/Trial Preparation Conference .......................................................... 3 Jury Instructions and Verdict Form ....................................................................... 4 Exhibits and Exhibit Lists ...................................................................................... 5 E. Witness Lists ........................................................................................................ 6 F. Depositions ........................................................................................................... 7 G. Motions in Limine .................................................................................................. 8 H. I. J. Trial Briefs ............................................................................................................ 8 Jury Trials ............................................................................................................. 8 Bench Trials........................................................................................................ 10 TABLE OF PRE-TRIAL/TRIAL DEADLINES ................................................................. 11 2 TRIAL AND PRE-TRIAL PROCEDURES A. Title and Citation 1. This Standing Order shall be cited as “NYW Standing Order Regarding Trial and Pre-Trial Procedures, Section, Subsection, Paragraph” (e.g., NYW Standing Order Regarding Trial and Pre-Trial Procedures § E.5.a). B. Final Pretrial/Trial Preparation Conference 1. Unless otherwise ordered, this Court will conduct one joint Final Pretrial/Trial Preparation Conference, to be held after the resolution of all dispositive motions, should any be filed. If no dispositive motions are filed, the parties shall, no later than seven 2. days after the dispositive motions deadline has passed, file a joint motion for a status conference for purposes of setting firm dates for the Final Pretrial/Trial Preparation Conference and the trial. In cases in which one of the parties is an incarcerated pro se litigant, the motion may be filed by the non-incarcerated party. a. If dispositive motions are filed, the Court will sua sponte set the status conference when resolving the dispositive motion(s), should the dispositive motion(s) not fully dispose of the case. b. The parties should be prepared to discuss at the status conference the anticipated length of trial. If the parties believe that the trial should last longer than five days, the parties should be prepared to explain why good cause exists for a trial longer than five days. 3. The Final Pretrial/Trial Preparation Conference will be held approximately six weeks prior to the beginning of the trial. Counsel who will try the case must attend the Final Pretrial/Trial Preparation Conference in person. It is the expectation of the Court that, in cases in which one of the parties is an incarcerated pro se litigant, the incarcerated litigant will participate in the Final Pretrial/Trial Preparation Conference by telephone. 4. Seven days prior to the Final Pretrial/Trial Preparation Conference, the parties shall submit a proposed Final Pretrial Order using the form found on the District of Colorado’s website. The parties shall jointly file their proposed Final Pretrial Order via CM/ECF and shall also send an editable Microsoft Word version to [email protected]. In a case with a pro se litigant, counsel for represented parties shall take the lead in preparing the proposed Final Pretrial Order. 3 5. The parties shall submit their respective proposed voir dire questions to the Court no later than seven days prior to the Final Pretrial/Trial Preparation Conference. The parties shall file their respective proposed voir dire questions to via CM/ECF and shall send editable Microsoft Word versions [email protected]. The parties shall be prepared to discuss their proposed voir dire at the Conference. C. Jury Instructions and Verdict Form 1. The parties shall submit their proposed jury instructions and proposed verdict form fourteen days prior to the Final Pretrial/Trial Preparation Conference, unless otherwise ordered. The parties shall jointly file their proposed jury instructions and proposed verdict form (in separate filings) via CM/ECF and shall also jointly send an editable Microsoft Word version of each document to [email protected]. 2. Each proposed jury instruction must be submitted on a separate page, be numbered, and identify the source of the instruction and supporting authority. 3. The parties must use their best efforts to stipulate to jury instructions. To the extent there are disputes with respect to proposed jury instructions, each party shall submit its own proposed jury instruction. In addition, for each disputed instruction, the parties shall jointly submit a single, redlined jury instruction in which they delineate the language they respectively propose. For example: Plaintiff’s Proposed Jury Instruction: The reasonableness of an insurer’s conduct is to be determined objectively, according to industry standards and must be evaluated based on the information before the insurer at the time of the conduct. Defendant’s Proposed Jury Instruction: The reasonableness of an insurer’s conduct is to be determined objectively, according to industry standards. and must be evaluated based on the information before the insurer at the time of the conduct. 4. The parties shall meet and confer and stipulate to a proposed verdict form. The Court strongly encourages counsel to craft a stipulated verdict form that is readily understandable to laypersons. 5. Stylistic conventions: Please capitalize party names and refrain from using articles when referring to parties (e.g., “Plaintiff” rather than “the plaintiff”). Where parties or other individuals are referenced by name, please use the appropriate title (e.g., Ms., Mr., Dr.) and not the last name alone. 4 D. Exhibits and Exhibit Lists 1. For all evidentiary hearings and trials, the parties shall use the format for at exhibit http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonNinaY Wang.aspx. the District Court’s website located lists on 2. Exhibits shall be labeled on the parties’ joint exhibit list in numeric order, with no designation as to whether it is “Plaintiff’s Exhibit” or “Defendant’s Exhibit.” The parties must stipulate to the authenticity and admissibility of as many exhibits as possible, marking the appropriate box on the proposed exhibit list. Failure to appropriately stipulate to exhibits may lead to further conferences with the Court and/or a resetting of the trial date. The parties’ stipulation as to the admissibility of a document does not guarantee its admissibility; each document the parties intend to submit to the jury must be offered to and accepted by the Court. 3. For all trials, exhibit lists are due no later than seven days prior to the Final Pretrial/Trial Preparation Conference, unless otherwise ordered. The parties shall jointly file their exhibit list via CM/ECF and shall also send an editable Microsoft Word version to [email protected]. 4. For all evidentiary hearings, exhibit lists are due no later than two business days prior to the hearing, unless otherwise ordered. The parties shall jointly file their exhibit list via CM/ECF and shall also send an editable Microsoft Word version to [email protected]. 5. Exhibit Notebooks a. Prior to a hearing or trial, the parties shall jointly provide to the courtroom deputy a copy of all exhibits in a notebook format. This notebook will be used for the witnesses and/or the jury. For all trials, the exhibit notebook is due no later than seven days prior to the Final Pretrial/Trial Preparation Conference, unless otherwise ordered. For all hearings, the exhibit notebook is due no later than two business days prior to the hearing, unless otherwise ordered. b. Exhibit notebooks should be labeled with the following information: (a) case caption; and (b) scheduled commencement date and time of the hearing or trial. c. The parties shall separate all documents by numbered tabs and reproduce each exhibit in the manner in which it will be shown to the witness and jury, e.g., colored exhibits should appear in color in the notebooks. Multi-page exhibits should include internal numbering for 5 ease of the witness and the Court. All exhibits will be sequentially numbered, without any attribution to the plaintiff or the defendant. In addition to submitting exhibit notebooks, the parties shall jointly d. provide to the courtroom deputy two flash drives that each contains a copy of all exhibits, numbered sequentially in the same numeric order used in the exhibit notebook. For all trials, exhibit flash drives are due no later than seven days prior to the Final Pretrial/Trial Preparation Conference, unless otherwise ordered. For all hearings, exhibit flash drives are due no later than two business days prior to the hearing, unless otherwise ordered. 6. Demonstrative Exhibits a. To the extent any party wishes to use demonstrative exhibits during trial, those exhibits must be prepared in advance outside of court. The Court does not permit parties to create demonstratives during the trial (for example, writing on an easel pad during cross-examination). b. The Court does not permit the use of demonstrative exhibits that contain unadmitted documentary evidence, even if the parties have stipulated to that evidence. c. Demonstrative exhibits are permitted for in-court use only and will not be sent back to the jury for use during deliberations. E. Witness Lists 1. For all evidentiary hearings and trials, the parties shall use the format for at witness http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonNinaY Wang.aspx. the District Court’s website located lists on 2. For each witness, please provide a brief description of the subjects that will be covered in the witness’s testimony. Please also estimate the time for all examinations, e.g., direct and re-direct. Please note that the cumulative estimated times for trial witnesses should not exceed the total time allotted for a party to present its case. The Court will strictly enforce the estimated time allotted for each witness’s testimony. 3. For all trials, witness lists are due no later than seven days prior to the Final Pretrial/Trial Preparation Conference, unless otherwise ordered. The parties shall file their witness lists via CM/ECF and shall also jointly send editable Microsoft Word versions to [email protected]. 6 4. For all evidentiary hearings, witness lists are due no later than two business days prior to the hearing, unless otherwise ordered. The parties shall file their witness lists via CM/ECF and shall also jointly send editable Microsoft Word versions to [email protected]. 5. On the morning of the first day of trial or the evidentiary hearing, each party shall provide the courtroom deputy with four paper copies of a final list of its witnesses that includes an estimate of the time anticipated for each witness’s direct and cross examination. One copy will be made available to the court reporter to assist in the transcription of court proceedings, so please be sure that names are spelled correctly. F. Depositions 1. Together with Fed. R. Civ. P. 32, this Practice Standard governs the use of both regular and videotaped depositions in court proceedings. If the parties intend to offer deposition testimony in lieu of a live witness at 2. trial or at an evidentiary hearing: a. No later than twenty-one days prior to the Final Pretrial/Trial Preparation Conference, the party offering such testimony must designate the deposition testimony and inform the opposing party whether the testimony will be read or presented from a video recording. The deposition designations should be provided to the opposing party but should not be filed on the docket. b. Counter-designations must be made no later than fourteen days prior to the Final Pretrial/Trial Preparation Conference. The counter- designations should be provided to the opposing party but should not be filed on the docket. c. The parties should be prepared to address any anticipated objections at the Final Pretrial/Trial Preparation Conference. Prior to the Final Pretrial/Trial Preparation Conference, the parties shall meet and confer regarding their designations and objections. After a good-faith meet and confer process, the parties shall identify any remaining objections by page and line citation and jointly submit a chart that sets forth (1) the page and line citations of the deposition testimony subject to objection; (2) an explanation for each objection; and (3) any relevant or supporting case law. The objection chart shall be filed on CM/ECF and submitted to [email protected] no later than seven days prior to the Final Pretrial/Trial Preparation Conference. In addition, no later than seven days prior to the Final Pretrial/Trial Preparation Conference, the parties shall jointly submit a copy of the deposition transcript(s) to [email protected]. 7 i. Transcripts submitted to the Court should have each party’s designations in a different color of highlighting, with a clear legend of the designated colors. 3. To accommodate evidentiary objections testimony presented by video, the proponent must have the technical ability to “mute” excluded responses and efficiently “fast forward” to the next segment of testimony. Otherwise, the deposition testimony will be read into the record. to deposition 4. For jury trials, if evidence will be presented through a written deposition transcript, the proponent shall supply a person to read from a written deposition transcript in a non-argumentative fashion. G. Motions in Limine 1. Each party may file one omnibus motion in limine, not to exceed fifteen pages. 2. Motions in limine shall be filed no later than forty-two days prior to the Final Pretrial/Trial Preparation Conference, unless otherwise ordered. Responses shall be filed no later than twenty-eight days prior to the Final Pretrial/Trial Preparation Conference, or fourteen days after the motion is filed, whichever is earlier. No replies will be permitted absent leave of Court and good cause shown. H. Trial Briefs 1. The Court typically does not permit the filing of trial briefs. However, if a party believes that the circumstances of the case necessitate a trial brief, the party may seek leave of Court to submit a trial brief by filing a formal motion, and must articulate specific issue(s) that the party seeks to brief. The trial brief should not be used to repeat any arguments made in a motion in limine or a dispositive motion. Only after leave is granted shall the Court enter an order with page limitations and/or specific instructions. Trial briefs must be submitted to the Court via CM/ECF no later than forty-five days prior to the commencement of trial. I. Jury Trials 1. Counsel and all pro se parties shall be present no later than 8:30 a.m. each day during the trial to discuss any last-minute trial matters. Trial days will typically begin at 9:00 a.m. and end at 4:00 p.m., with a fifteen-minute break in the morning, an hour break for lunch, and a fifteen-minute break in the afternoon. However, counsel and witnesses should be aware that the general schedule may be modified to promote the efficiency of the trial. 8 2. Unless otherwise ordered, civil juries will consist of at least 7 jurors. 3. Jury Selection and Voir Dire: a. The Court will conduct voir dire of prospective jurors. Unless otherwise ordered, each side will then be permitted to conduct a voir dire examination of potential jurors for 15 minutes after the Court has completed its voir dire examination. b. After voir dire is complete, the Court will entertain challenges for cause. If any prospective jurors are struck for cause, the Court will conduct voir dire of any replacement juror(s). Each side will be permitted three peremptory strikes. 4. Jurors will be permitted to take notes during the trial. 5. After the close of evidence but before closing arguments, the Court will read the jury instructions to the jurors. Each juror will be given a copy of the jury instructions for use during deliberations. 6. Opening Statements and Closing Arguments: a. Opening statements will generally be limited to thirty minutes per party. Should the parties believe that they require more time, the parties should be prepared to discuss their request at the Final Pretrial/Trial Preparation Conference. Typically, only one attorney per party will be permitted to make opening statements, unless the Court finds good cause to permit otherwise. The courtroom deputy will provide a five minute warning before time expires. b. After the close of evidence, the Court will inform the parties how much time will be allotted for closing arguments. Typically, only one attorney per party will be permitted to make closing arguments, unless the Court finds good cause to permit otherwise. Counsel for each party should inform the courtroom deputy whether counsel would like a warning before their time expires. Should the plaintiff wish to reserve any time for rebuttal, counsel must make the request prior to beginning closing arguments. c. To the extent any party intends to utilize PowerPoints, slides, or any other demonstrative items for opening statements, the parties shall exchange such items no later than two business days prior to the commencement of trial and shall provide copies of the same to [email protected]. To the extent any party intends to use these demonstrative items for closing arguments, the parties shall 9 and shall exchange such items no later than 6:00 P.M. the evening before closing copies arguments to provide the [email protected]. Counsel shall not use any documents that have not been stipulated to in their opening statements and shall not use any documents not admitted in evidence in their closing arguments. The Court will generally consider objections to the use of such items on the morning of the first day of trial for opening statements, or at a break preceding the presentation of closing arguments, respectively. same of J. Bench Trials 1. Generally, the Court will permit no more than fifteen minutes for opening statements and thirty minutes for closing arguments. To the extent that the parties agree, they may substitute a written submission of no more than ten pages in lieu of closing arguments. 2. No later than three business days before the Final Pretrial/Trial Preparation Conference, the parties shall submit Proposed Findings of Fact, Conclusions of Law, and Orders. A joint Proposed Findings of Fact, Conclusions of Law, and Orders shall be submitted that reflects stipulated facts and/or law to which the parties agree. Each party may then file separate proposed Findings of Fact, Conclusions of Law, and Orders with respect to any disputed points. The proposed Findings of Fact shall include citations to the trial exhibits, and the proposed Conclusions of Law shall include legal citations. The documents shall be filed via CM/ECF and shall also be submitted as an editable Microsoft Word version to [email protected]. The parties are expected to state their proposed findings of fact in the same order as the anticipated order of proof at trial. 3. For a trial to the Court, a proper résumé or curriculum vitae, marked as an exhibit, generally will suffice for the qualification of an expert witness. 10 TABLE OF PRE-TRIAL/TRIAL DEADLINES Note: This table is provided for the convenience of the parties appearing before Judge Wang. It does not include all the dates and deadlines listed within the Court’s Civil Practice Standards and Standing Orders and is not a substitute for knowledge of and familiarity with those texts. Deadline Days Prior to/After Reference to Applicable Practice Standard, Standing Order, or Rule After the Defendant’s Submission of a Responsive Pleading or Motion For employment cases which challenge one or more employment actions alleged to be adverse, except the employment actions listed in Civ. Practice Standard 26.1A(b): Exchange documents and information described in the Initial Discovery Protocols, located on the District Court’s website, for the relevant time period. 30 days Civ. Practice Standard 26.1A(c). After the Deadline for the Disclosure of Rebuttal Witnesses File motions pursuant to Federal Rule of Evidence 702. 30 days Civ. Practice Standard 7.1C(a). After the Close of Discovery File joint status report regarding settlement discussions. 14 days Civ. Practice Standard 16.6(a). After the Dispositive Motions Deadline File motion to set status conference, if no dispositive motions are filed. 7 days NYW Standing Order Regarding Trial and Pre-Trial Procedures § B.2. 11 Prior to the Final Pretrial/Trial Preparation Conference File proposed Final Pretrial Order. 7 days File motions in limine. 42 days NYW Standing Order Regarding Trial and Pre-Trial Procedures § B.4. NYW Standing Order Regarding Trial and Pre-Trial Procedures § G.2. File responses to motions in limine. 28 days (or 14 days after the motion is filed, whichever is earlier) NYW Standing Order Regarding Trial and Pre-Trial Procedures § G.2. Exchange designations of deposition testimony. 21 days Exchange counter- designations of deposition testimony. 14 days Submit unresolved deposition objections. 7 days File proposed jury instructions and verdict form. 14 days File proposed voir dire questions, exhibit list, and witness lists. Submit exhibit notebook and exhibit flash drives to the courtroom deputy. File Proposed Findings of Fact, Conclusions of Law, and Orders for bench trial. 7 days 7 days 3 business days 12 NYW Standing Order Regarding Trial and Pre-Trial Procedures § F.2.a. NYW Standing Order Regarding Trial and Pre-Trial Procedures § F.2.b. NYW Standing Order Regarding Trial and Pre-Trial Procedures § F.2.c. NYW Standing Order Regarding Trial and Pre-Trial Procedures § C.1. NYW Standing Order Regarding Trial and Pre-Trial Procedures §§ B.5, D.3, E.3. NYW Standing Order Regarding Trial and Pre-Trial Procedures §§ D.5.a, D.5.d. NYW Standing Order Regarding Trial and Pre-Trial Procedures § J.2. File any trial briefs. 45 days Prior to Trial Request daily transcripts from the court reporter. File motion requesting the presentation of testimony by telephone or video conference. 30 days 7 days Request realtime transcripts from the court reporter. 7 days 5 business days NYW Standing Order Regarding Trial and Pre-Trial Procedures § H.1. Civ. Practice Standard 43.1A(c)(2). Civ. Practice Standard 43.1D(c). Civ. Practice Standard 43.1A(c)(2). Civ. Practice Standard 43.1A(d)(1). File glossary of any difficult, unusual, scientific, technical, and/or medical jargon, words, names, terms, and/or phrases. Submit and exchange PowerPoints, slides, or any other demonstrative items for opening statements. Submit and exchange PowerPoints, slides, or any other demonstrative items for closing arguments. Submit final witness lists to the courtroom deputy. 2 business days NYW Standing Order Regarding Trial and Pre-Trial Procedures § I.6.c. 6:00 P.M. the evening before closing arguments NYW Standing Order Regarding Trial and Pre-Trial Procedures § I.6.c. Morning of the first day of trial NYW Standing Order Regarding Trial and Pre-Trial Procedures § E.5. 13

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STANDING ORDER REGARDING DISCOVERY DISPUTE PROCEDURES Judge Nina Y. Wang United States District Court District of Colorado Alfred A. Arraj United States Courthouse 901 19th Street, Courtroom A-502 Denver, Colorado 80294-3589 Email: [email protected] Telephone: 303.335.2600 Effective: December 1, 2022 TABLE OF CONTENTS A. B. C. Title and Citation ................................................................................................................ 3 Applicable Procedures ........................................................................................................ 3 Telephonic Discovery Conferences .................................................................................... 3 D. Written Discovery ............................................................................................................... 4 E. F. Document Privilege Issues .................................................................................................. 5 Depositions ......................................................................................................................... 5 2 DISCOVERY DISPUTE PROCEDURES A. Title and Citation 1. This Standing Order shall be cited as “NYW Standing Order Regarding Discovery Dispute Procedures, Section, Subsection, Paragraph” (e.g., NYW Standing Order Regarding Discovery Dispute Procedures, § B.1). B. Applicable Procedures 1. If the case has been referred to a Magistrate Judge, please consult the Magistrate Judge’s Practice Standards to determine the applicable procedures, unless otherwise ordered by the Court. 2. In cases which I have not referred to a Magistrate Judge, or where I have otherwise decided to adjudicate a discovery dispute, the following discovery dispute procedures are applicable, EXCEPT cases involving pro se prisoners. Failure to engage in this discovery dispute process without leave of Court may lead to the striking of any filed discovery motion without substantive consideration. C. Telephonic Discovery Conferences Before filing any discovery motion, please contact my chambers with all 1. counsel representing parties to the particular discovery dispute and/or the pro se party to set a telephonic discovery conference. I expect that before the parties contact my chambers requesting a telephonic discovery conference, the parties will have met and conferred, either in person or by telephone, during which: • The dispute to be presented to the Court was discussed in detail, • Each party clearly stated its position and any position of compromise that is acceptable to it, and • Each party identified the basis for its position. 2. If it becomes clear that the parties have not had an adequate meet and confer, or that one party is trying to use the discovery dispute process as improper leverage, I may sua sponte terminate the telephonic discovery conference and impose other sanctions if warranted. 3. Telephonic discovery conferences occur on the record. I conduct these conferences on the record in hopes of avoiding further disputes over what 3 occurred or how the Court ruled or provided guidance during such conference. Unless you advise my staff otherwise, you should expect that these discovery conferences will be limited to 30 minutes. You may order transcripts of these discovery conferences by contacting Ms. Martinez. D. Written Discovery 1. If the dispute involves written discovery, at least one business day prior to the telephonic discovery conference, unless otherwise ordered, the parties must complete and submit a written discovery dispute chart in the following example form, with the most persuasive authority included: Issue Moving Party’s Position Opposing Party’s Position Interrogatory No. 1 broad Overly contention interrogatory. Witt v. GC Servs. Ltd. P’ship, 307 F.R.D. 554, 559 (D. Colo. 2014). than Contention interrogatory is the appropriate vehicle and is less a Rule burdensome 30(b)(6) deposition on this topic. Teashot LLC v. Green Mountain Coffee Roasters, Inc., No. 12-cv-00189-WJM- KLM, 2014 WL 485876, at *7 (D. Colo. Feb. 6, 2014). The moving party must submit the chart, the disputed discovery request, 2. and the response to the disputed discovery request to my chambers. It should not be filed on the Court’s Electronic Case Filing system. The parties should only submit one final version of the chart reflecting each party’s position in the same document. Separate charts containing only one party’s position on each of the issues will not be accepted. Should a formal discovery motion follow, the chart may then be included in any filing or order of the Court. 3. If the dispute does not involve written discovery, or if the parties find the above chart unhelpful or inappropriate given the substance of their dispute, then the parties are directed to submit a joint status report that clearly and succinctly outlines (1) the object of the dispute, (2) the parties’ positions thereon, (3) the authority supporting the parties’ positions, and (4) a brief summary of the parties’ good faith attempts to resolve the matter before seeking Court intervention. Like 4 the chart described above, the joint status report should not be filed on the Court’s docket unless formal motions practice follows the informal conference. E. Document Privilege Issues 1. Parties having issues related to the invocation of privilege are expected to have provided a privilege log with respect to the documents at issue that can be submitted to the Court. To the extent that a party contends that creating such a privilege log would be too onerous, the Court expects that the party forwarding that position will be prepared to address the burden in specific terms during the informal discovery conference. I will likely not resolve privilege issues during the telephonic discovery conference, and so to the extent that the parties’ dispute concerns an assertion of attorney-client, marital, or other such privilege, the parties should expect to engage in formal motions practice. F. Depositions 1. If a dispute arises at a deposition, the parties still must meet and confer regarding the issue in the manner set forth above before contacting chambers. Parties who have disputes over the topics and/or scope of a Rule 30(b)(6) deposition, as written in the notice of deposition, are expected to raise such issues prior to the commencement of the Rule 30(b)(6) deposition. 5

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STANDING ORDER REGARDING THE USE OF GENERATIVE ARTIFICIAL INTELLIGENCE (“AI”) IN COURT FILINGS Judge Nina Y. Wang United States District Court District of Colorado Alfred A. Arraj United States Courthouse 901 19th Street, Courtroom A-902 Denver, Colorado 80294-3589 Email: [email protected] Telephone: 303.335.2600 Effective: December 1, 2025 USE OF GENERATIVE ARTIFICIAL INTELLIGENCE (“AI”) IN COURT FILINGS A. Certification Re: Use of Generative Artificial Intelligence (“AI”) for Drafting 1. Every filing shall contain an AI Certification regarding the use, or non-use, of generative AI (such as ChatGPT, Harvey.AI, or Google Gemini) in preparing the filing, signed by all individuals who contributed to the drafting of the filing. To the extent that generative AI was used in any drafting of the filing, each individual must certify that any language drafted by AI (even if later edited by a human) was personally reviewed by the filer or another human for accuracy and that all legal citations reference actual non-fictitious cases or cited authority. The AI Certification does not count against any page limitations. All filings remain subject to Federal Rule of Civil Procedure 11, 28 U.S.C. § 1927, and applicable ethical rules. Examples of acceptable AI Certifications are provided below for illustrative purposes only: The undersigned counsel certifies/certify intelligence was not used to draft this filing. that generative artificial or The undersigned counsel certifies/certify that generative artificial intelligence—specifically, ChatGPT—was used to draft this filing. I/we further certify that [Party] was/were advised of and consented to such use. All cited authority was manually reviewed by counsel of record. 2. Filings that do not comply with the AI Certification requirement may be stricken without substantive consideration and with leave to re-file a compliant document. 2

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PILOT PROJECT REGARDING INITIAL DISCOVERY PROTOCOLS FOR EMPLOYMENT CASES ALLEGING ADVERSE ACTION November 2011 The Federal Judicial Center is making this document available at the request of the Advisory Committee on Civil Rules, in furtherance of the Center's statutory mission to conduct and stimulate research and development for the improvement of judicial administration. While the Center regards the contents as responsible and valuable, it does not reflect policy or recommendations of the Board of the Federal Judicial Center. INTRODUCTION The Initial Discovery Protocols for Employment Cases Alleging Adverse Action provide a new pretrial procedure for certain types of federal employment cases. As described in the Protocols, their intent is to "encourage parties and their counsel to exchange the most relevant information and documents early in the case, to assist in framing the issues to be resolved and to plan for more efficient and targeted discovery." Individual judges throughout the United States District Courts will pilot test the Protocols and the Federal Judicial Center will evaluate their effects. This project grew out of the 2010 Conference on Civil Litigation at Duke University, sponsored by the Judicial Conference Advisory Committee on Civil Rules for the purpose of re-examining civil procedures and collecting recommendations for their improvement. During the conference. a wide range of attendees expressed support for the idea of case-type-specific "pattern discovery" as a possible solution to the problems of unnecessary cost and delay in the litigation process. They also arrived at a consensus that employment cases, "regularly litigated and [presenting] recurring issues,,,j would be a good area for experimentation with the concept. Following the conference, Judge Lee Rosenthal convened a nationwide committee of attorneys, highly experienced in employment matters, to develop a pilot project in this area. Judge John Koeltl volunteered to lead this committee. By design, the committee had a balance of plaintiff Joseph Garrison 2 (New Haven, Connecticut) chaired a plaintiff and defense attorneys. subcommittee, and Chris Kitchel 3 (Portland, Oregon) chaired a defense subcommittee. The committee invited the Institute for the Advancement of the American Legal System at the University of Denver (lAALS) to facilitate the process. 1 Civil Rules Advisory Committee, Report to the Standing Committee, 10 (May 17,2010). 2 Mr. Garrison was a panelist at the Duke Conference. He also wrote and submitted a conference paper, entitled A Proposal to Implement a Cost-Effective and Efficient Procedural Tool Info Federal Litigation Practice, which advocated for the adoption of model or pattern discovery tools for "categories of cases which routinely appear in the federal courts" and suggested the appointment of a task force to bring the idea to fruition. J Ms. Kitchel serves on the American College of Trial Lawyers Task Force on Discovery and Civil Justice, which produced the Final Report on the Joint Project a/the American College a/Trial Lawyers Task Force on Discovery and the Institute/or the Advancement o/the American Legal System, 268 F.R.D. 407 (2009). As a result of her role on the ACTL Task Force, Ms. Kitchel had already begun discussing possibilities for improving employment litigation with Judge Rosenthal when she attended the Duke Conference. I The group worked diligently over the course of one year. Committee members met at IAALS for valuable in-person discussions in March and July of2011. Judge Koeltl was in attendance as well, to oversee the process and assist in achieving workable consensus. In addition, committee members exchanged hundreds of emails, held frequent telephone conferences, and prepared numerous drafts. The committee's final product is the result of rigorous debate and compromise on both sides, undertaken in the spirit of making constructive and even-handed improvements to the pretrial process. The Protocols create a new category of information exchange, replacing initial disclosures with initial discovery specific to employment cases alleging adverse action. This discovery is provided automatically by both sides within 30 days of the defendant's responsive pleading or motion. While the parties' subsequent right to discovery under the F.R.C.P. is not affected, the amount and type of information initially exchanged ought to focus the disputed issues, streamline the discovery process, and minimize opportunities for gamesmanship. The Protocols are accompanied by a standing order for their implementation by individual judges in the pilot project, as well as a model protective order that the attorneys and the judge can use a basis for discussion. The Federal Judicial Center will establish a framework for effectively measuring the results of this pilot project. 4 If the new process ultimately benefits litigants, it is a model that can be used to develop protocols for other types of cases. Please note: Judges adopting the protocols for use in cases before them should inform FJC senior researcher Emery Lee, [email protected], so that their cases may be included in the evaluation. 4 Civil Rules Advisory Committee, Draft Minutes of April 2011 Meeting, 43 (June 8, 2011). 2 INITIAL DISCOVERY PROTOCOLS FOR EMPLOYMENT CASES ALLEGING ADVERSE ACTION PART 1: INTRODUCTION AND DEFINITIONS. (1) Statement of purpose. a. The Initial Discovery Protocols for Employment Cases Alleging Adverse Action is a proposal designed to be implemented as a pilot project by individual judges throughout the United States District Courts. The project and the product are endorsed by the Civil Rules Advisory Committee. b. In participating courts, the Initial Discovery Protocols will be implemented by standing order and will apply to all employment cases that challenge one or more actions alleged to be adverse, except: I. Class actions; ii. Cases in which the allegations involve only the following: I. Discrimination in hiring; 2. Harassment/hostile work environment; 3. Violations of wage and hour laws under the Fair Labor Standards Act (FLSA); 4. Failure to provide reasonable accommodations under the Americans with Disabilities Act (ADA); 5. Violations of the Family Medical Leave Act (FMLA); 6. Violations of the Employee Retirement Income Security Act (ERISA). If any party believes that there is good cause why a particular case should be exempted, in whole or in part, from this pilot program, that party may raise such reason with the Court. c. The Initial Discovery Protocols are not intended to preclude or to modifY the rights of any party for discovery as provided by the Federal Rules of Civil Procedure (F.R.C.P.) and other applicable local rules, but they are intended to supersede the parties' obligations to make initial disclosures pursuant to F.R.C.P. 26(a)(I). The purpose of the pilot project is to encourage parties and their counsel to exchange the most relevant information and documents early in the case, to assist in framing the issues to be resolved and to plan for more efficient and targeted discovery. 4 d. The Initial Discovery Protocols were prepared by a group of highly experienced attorneys from across the country who regularly represent plaintiffs and/or defendants in employment matters. The information and documents identified are those most likely to be requested automatically by experienced counsel in any similar case. They are unlike initial disclosures pursuant to F.R.C.P. 26(a)(I) because they focus on the type of information most likely to be useful in narrowing the issues for employment discrimination cases. (2) Definitions. The following definitions apply to cases proceeding under the Initial Discovery Protocols. a. Concerning. The term "concerning" means referring to, describing, evidencing, or constituting. b. Document. The terms "document" and "documents" are defined to be synonymous in meaning and equal in scope to the terms "documents" and "electronically stored information" as used in F.R.C.P. 34(a). c. Identify (Documents). When referring to documents, to "identify" means to give, to the extent known: (i) the type of document; (ii) the general subject matter of the document; (iii) the date of the document; (iv) the author(s), according to the document; and (v) the person(s) to whom, according to the document, the document (or a copy) was to have been sent; or, alternatively, to produce the document. d. Identify (Persons). When referring to natural persons, to "identify" means to give the person's: (i) full name; (ii) present or last known address and telephone number; (iii) present or last known place of employment; (iv) present or last known job title; and (v) relationship, if any, to the plaintiff or defendant. Once a person has been identified in accordance with this subparagraph, only the name of that person need be listed in response to subsequent discovery requesting the identification of that person. (3) Instructions. a. For this Initial Discovery, the relevant time period begins three years before the date of the adverse action, unless otherwise specified. b. This Initial Discovery is not subject to objections except upon the grounds set 5 forth in F.R.C.P. 26(b)(2)(B). c. If a partial or incomplete answer or production is provided, the responding party shall state the reason that the answer or production is partial or incomplete. d. This Initial Discovery is subject to F.R.C.P. 26(e) regarding supplementation and F.R.C.P. 26(g) regarding certification of responses. e. This Initial Discovery is subject to F.R.C.P. 34(b)(2)(E) regarding form of production. PART 2: PRODUCTION BY PLAINTIFF. (1) Timing. a. The plaintiffs Initial Discovery shall be provided within 30 days after the defendant has submitted a responsive pleading or motion, unless the court rules otherwise. (2) Documents that Plaintiff must produce to Defendant. a. All communications concerning the factual allegations or claims at issue in this lawsuit between the plaintiff and the defendant. b. Claims, lawsuits, administrative charges, and complaints by the plaintiff that rely upon any of the same factual allegations or claims as those at issue in this lawsuit. c. Documents concerning the formation and termination, if any, of the employment relationship at issue in this lawsuit, irrespective of the relevant time period. d. Documents concerning the terms and conditions of the employment relationship at issue in this lawsuit. e. Diary, journal, and calendar entries maintained by the plaintiff concerning the factual allegations or claims at issue in this lawsuit. f. The plaintiffs current resume(s). g. Documents in the possession of the plaintiff concerning claims for unemployment benefits, unless production is prohibited by applicable law. h. Documents concerning: (i) communications with potential employers; (ii) job search efforts; and (iii) offer(s) of employment, job description(s), and income 6 and benefits of subsequent employment. The defendant shall not contact or subpoena a prospective or current employer to discover information about the plaintiffs claims without first providing the plaintiff30 days notice and an opportunity to file a motion for a protective order or a motion to quash such subpoena. If such a motion is filed, contact will not be initiated or the subpoena will not be served until the motion is ruled upon. i. Documents concerning the termination of any subsequent employment. j. Any other document(s) upon which the plaintiff relies to support the plaintiffs claims. (3) Information that Plaintiff must produce to Defendant. a. Identify persons the plaintiff believes to have knowledge of the facts concerning the claims or defenses at issue in this lawsuit, and a brief description of that knowledge. b. Describe the categories of damages the plaintiff claims. c. State whether the plaintiff has applied for disability benefits and/or social security disability benefits after the adverse action, whether any application has been granted, and the nature of the award, if any. Identify any document concerning any such application. PART 3: PRODUCTION BY DEFENDANT. (1) Timing. a. The defendant's Initial Discovery shall be provided within 30 days after the defendant has submitted a responsive pleading or motion, unless the court rules otherwise. (2) Documents that Defendant must produce to Plaintiff. a. All communications concerning the factual allegations or claims at issue in this lawsuit among or between: I. The plaintiff and the defendant; ii. The plaintiffs manager(s), and/or supervisor(s), and/or the defendant's human resources representative(s). 7 b. Responses to claims, lawsuits, administrative charges, and complaints by the plaintiff that rely upon any ofthe same factual allegations or claims as those at issue in this lawsuit. c. Documents concerning the formation and termination, if any, of the employment relationship at issue in this lawsuit, irrespective of the relevant time period. d. The plaintiffs personnel file, in any form, maintained by the defendant, including files concerning the plaintiff maintained by the plaintiffs supervisor(s), manager(s), or the defendant's human resources representative(s), irrespective of the relevant time period. e. The plaintiffs performance evaluations and formal discipline. f. Documents relied upon to make the employment decision(s) at issue in this lawsuit. g. Workplace policies or guidelines relevant to the adverse action in effect at the time of the adverse action. Depending upon the case, those may include policies or guidelines that address: I. Discipline; II. Termination of employment; iii. Promotion; IV. Discrimination; v. Performance reviews or evaluations; VI. Misconduct; VII. Retaliation; and viii. Nature of the employment relationship. h. The table of contents and index of any employee handbook, code of conduct, or policies and procedures manual in effect at the time ofthe adverse action. i. Job description(s) for the position(s) that the plaintiff held. j. Documents showing the plaintiffs compensation and benefits. Those normally include retirement plan benefits, fringe benefits, employee benefit summary plan descriptions, and summaries of compensation. k. Agreements between the plaintiff and the defendant to waive jury trial rights or to arbitrate disputes. I. Documents concerning investigation(s) of any complaint(s) about the plaintiff or made by the plaintiff, if relevant to the plaintiffs factual allegations or claims at issue in this lawsuit and not otherwise privileged. 8 m. Documents in the possession of the defendant and/or the defendant's agent(s) concerning claims for unemployment benefits unless production is prohibited by applicable law. n. Any other document(s) upon which the defendant relies to support the defenses, affirmative defenses, and counterclaims, including any other document(s) describing the reasons for the adverse action. (3) Information that Defendant must produce to Plaintiff. a. Identify the plaintiff's supervisor(s) and/or manager(s). b. c. Identify person(s) presently known to the defendant who were involved in making the decision to take the adverse action. Identify persons the defendant believes to have knowledge of the facts concerning the claims or defenses at issue in this lawsuit, and a brief description of that knowledge. d. State whether the plaintiff has applied for disability benefits and/or social security disability benefits after the adverse action. State whether the defendant has provided information to any third party concerning the application(s). Identify any documents concerning any such application or any such information provided to a third party. 9

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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

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE NINA Y. WANG Case No. _____________________________ Date: ______________________ Case Title: __________________________________________________________________ ______________________________ WITNESS LIST (Plaintiff/Defendant) WITNESS/ DESCRIPTION OF TESTIMONY ESTIMATED DATE(S) AND LENGTH OF TESTIMONY _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________