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NOTICE TO ATTORNEYS IN CIVIL CASES BEFORE U.S. DISTRICT JUDGE GORDON P. GALLAGHER This notice is for counsel or a pro se party in a civil case that now has been assigned to Judge Gallagher. Although Judge Gallagher’s Chambers is in Grand Junction, the civil docket includes cases from all parts of Colorado. For cases that arise out of events occurring on the Front Range (i.e., cases assigned to Jury Division One (Denver) and Jury Division Four (Pueblo , proceedings in those cases will be held in Denver.1 For cases that arise out of events occurring in Jury Division Two (Durango), proceedings in those cases will be held in Durango. For cases arising in Jury Division Three (Grand Junction), proceedings in those cases will be held in Grand Junction. In each of these circumstances, evidentiary hearings or trials will be conducted with all parties, counsel, witnesses, court staff, and Judge Gallagher in person in the courtroom. Matters involving non-evidentiary motions, status conferences, or scheduling matters will often be conducted remotely by Judge Gallagher via videoconference. Attorneys must be present in person in the courtroom in the location where the case is assigned (i.e., Denver, Durango, or Grand Junction). If circumstances warrant, Judge Gallagher may also authorize a proceeding to be conducted fully remotely, with counsel appearing from their own offices via videoconference. Generally, no counsel or party will be required to travel to Grand Junction for proceedings in any Front Range or Durango civil case. When filing a motion requesting a hearing, please indicate whether that hearing can be effectively conducted fully remotely, partially remotely (with Judge Gallagher appearing by videoconference), or whether a fully in-person hearing is required. Further instructions regarding the location and character of proceedings (if partially or fully remote) will be set forth in the Order setting the hearing. 1 In most circumstances, that means proceedings in these cases will be conducted in the Alfred A. Arraj United States Courthouse in Denver. Depending on courtroom availability and further instructions from the Court, some proceedings may be conducted in the Byron G. Rogers United States Courthouse in Denver. Parties and counsel will receive ample advance notice of the location of any proceedings.

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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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Standing Order Regarding Pretrial and Trial Procedures - CIVIL Judge Gordon P. Gallagher United States District Court District of Colorado Courtroom 323 Wayne Aspinall U.S. Courthouse Chambers 310 400 Rood Avenue Grand Junction, CO 81501 Telephone: (970) 241-8932 Email: [email protected] Issued: December 2025 I. GENERAL PROCEDURES A. Communications with Chambers Inquiries to Chambers (e.g., questions about procedures and standards) should be made via email to [email protected]. Please copy opposing counsel or opposing pro se parties on all emails. Please do not contact Chambers about substantive matters as Chambers staff cannot give legal advice or grant informal requests not made via motion. For information about filing documents electronically please contact the ECF Help Desk at [email protected] or (303) 335-3433. B. Citations This Standing Order should be cited as GPG Civil Standing Order, Part, Section, Subsection, and Paragraph (e.g., GPG Civ. Standing Order III(B)(1)(a . II. COURTROOM PROCEDURES C. 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, Donald Clement, 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. For trial, please contact Mr. Clement at least fourteen days prior with any questions regarding remote witnesses (if allowed by the Court), submission of trial exhibits and witness lists, use of exhibits at trial, general courtroom procedures, and to schedule a technical walk-through. D. Recording of Proceedings The realtime reporter assigned to the Court is Megan Strawn at [email protected] Transcripts of proceedings may be ordered from Ms. Strawn. Requests for realtime, daily, or hourly copy must be made at least thirty days before trial. For further details, contact Ms. Strawn. - 2 - A. Final Pretrial Order and Conference III. TRIALS The Court will hold a Final Pretrial Conference as prescribed by Fed. R. Civ. P. 16(e) and D.C.COLO.LCivR 16.3. The Final Pretrial Order Form can be found at http://www.cod.uscourts.gov/CourtOperations/RulesProcedures/ Forms.aspx. At least fourteen days before the scheduled date of the Final Pretrial Conference, counsel shall meet and confer to develop jointly the contents of the proposed Final Pretrial Order. It is the responsibility of Plaintiff’s counsel (but if Plaintiff is pro se, it shall be Defendant’s counsel’s responsibility) to schedule meetings and then file and submit the proposed Final Pretrial Order. If the parties agree, Plaintiff may delegate responsibility for filing and submission to Defendant. Unless otherwise ordered, the parties shall submit their proposed Final Pretrial Order no later than seven days before the date of the Final Pretrial Conference. The proposed Final Pretrial Order should be filed in CM/ECF and submitted electronically in editable (Word) format directly to Chambers at [email protected]. If no summary judgment motions are filed, the parties shall contact the Court jointly via email within ten days after the dispositive motions deadline to set a Final Pretrial Conference. If dispositive motions are filed, parties shall contact the Court jointly via email within thirty days after the Court has issued a ruling (assuming the case survives a motion for summary judgment) to set a Final Pretrial Conference. B. Trial Settings Whenever practicable, dates for the trial and the Trial Preparation Conference will be given to the parties during the Final Pretrial Conference. C. Length of Trial Should the parties request a trial lasting longer than five days, before a trial date can be set, counsel shall be prepared to present argument to the Court as to why a trial longer than five days is necessary. - 3 - D. Motions In Limine Motions in limine are strongly discouraged when the motion cannot be resolved until evidence is presented at trial. Instead, such evidentiary issues can be flagged in a trial brief. If motions in limine are filed, they must be filed twenty-one days before the Trial Preparation Conference. Any responses to the motions in limine shall be filed fourteen days before the Trial Preparation Conference. Conferral and One Motion Limit: Prior to filing a motion in limine, counsel shall confer with one another in an attempt to resolve the contested evidentiary issues. If they are unable to come to a mutual resolution, counsel shall then determine which party will file the motion on the particular evidentiary issue and which party will file the response. Each party shall be limited to one motion in limine unless the Court grants leave for a supplemental filing. The motion shall address difficult or unusual evidentiary issues the party anticipates can be resolved before trial, with each discrete evidentiary dispute separately numbered within the motion. Each motion and response shall be limited to eight pages unless there is a showing of good cause and the Court grants leave to extend the page limits. All text in these filings will count against the page limits, except for the attorney or party signature blocks and the certificate of service. No reply brief in support of a motion in limine will be permitted. E. Trial Preparation Conference The Trial Preparation Conference will typically be held approximately twenty-eight days before trial. Counsel who will try the case must attend. Seven days before the Trial Preparation Conference, the parties shall file in CM/ECF their proposed voir dire questions. If parties want to use a jury questionnaire, they must raise the issue at the Trial Preparation Conference. If counsel needs additional time for voir dire, opening statements, closing arguments, and evidence presentation than what is designated in Sections III(K), (N), and (O), counsel must address the issue with the Court during the Trial Preparation Conference. - 4 - F. Jury Instructions and Verdict Form Clear and concise jury instructions and verdict forms are imperative. While the Court encourages the use of stock and model instructions, counsel should review those instructions and the verdict form with the average layperson in mind and modify language that is overly complicated so that the jury instructions and verdict form are understandable to laypersons. Where possible, jury instructions and verdict forms will be finalized before the trial begins. This will allow counsel to refer to the instructions in opening statements and throughout the presentation of evidence. In addition, the Court may utilize the jury instructions in advising the jury before the trial begins. Of course, the jury instructions will be revisited at the close of evidence and the Court will hold a charging conference to ensure that counsel has the opportunity to offer additional or alternative instructions based on the evidence. 1. 2. 3. The Court requires preparation and submission of instructions twenty-one days before the Trial Preparation Conference, so counsel and the Court can devote the time necessary for this crucial task before other trial preparation demands become overwhelming. to submit stipulated The parties shall meet and confer to stipulate to the verdict form, as many proposed jury instructions as possible, and a joint statement of the case. Only true conflict or uncertainty in binding substantive law should prevent agreement. It is Plaintiff’s counsel’s responsibility (but if Plaintiff is pro se, it shall be Defendant’s counsel’s responsibility) if applicable, a stipulated verdict form) directly to Chambers in editable (Word) format via email ([email protected]) with a copy to opposing counsel/party, at least twenty-one days before the Trial Preparation Conference. Similarly, competing and non-stipulated instructions should also be submitted to Chambers via email by the party proffering such instructions at least twenty-one days before the Trial Preparation Conference. Instructions shall NOT be filed via CM/ECF. The Court will consider only those jury instructions and verdict forms tendered using the procedures described here. instructions (and, jury The Court generally follows the most current editions of the form instructions provided in Federal Jury Practice and Instructions (for federal claims and introductory instructions) and the Colorado Jury Instructions – Civil (for state claims). However, the Court encourages counsel to carefully read and tailor any form instruction to the facts and circumstances of the particular case as well as to edit such instructions to use plain language. - 5 - Categories of Jury Instructions: The Court contemplates three categories of jury instructions, as described below. In order to assist the Court in distinguishing among the different instructions, at the bottom of each instruction (immediately preceding the legal authority), the instruction should be identified as “Stipulated,” “Competing,” or “Non-Stipulated,” and, in the case of competing or non-stipulated instructions, should also identify the party tendering the instruction (e.g., “Plaintiff’s Competing Instruction,” “Defendant’s Non-Stipulated Instruction.”) a. b. c. Stipulated Instructions: Stipulated instructions are those instructions about which the parties agree after conferral. There should be no duplication of stipulated instructions (or verdict forms); i.e., if the parties stipulate to a particular instruction or a verdict form, then that instruction or form should be submitted as stipulated only, and no similar instruction or form should appear in any party’s competing or non-stipulated instructions. Competing Instructions: Competing instructions are those instructions about which all parties agree that an instruction is necessary but disagree about the content of that instruction. Non-Stipulated Instructions: Non-stipulated instructions are those instructions requested by a party (or parties) to which any other party objects, but does not request/tender a competing instruction. Each proposed competing or non-stipulated instruction should contain, at the bottom of the instruction, one paragraph of argument from each side, including citations to legal authority, explaining why the instruction is tendered or opposed. 4. Format of Proposed Jury Instructions a. b. c. Proposed instructions should NOT be numbered. Each proposed instruction should contain a title, which shall be centered in bold. If the parties edit a form, model, or pattern instruction, the parties shall either redline/track such changes or specifically describe them at the bottom of the instruction. Proposed instructions should be submitted with “hard page breaks” (not the use of “hard returns”) between each instruction. - 6 - d. Stylistic conventions. When referring to this Court in the body of the instructions, always capitalize the word “Court.” Additionally, do not use articles when referring to the parties, but do capitalize the parties’ names or designation. Thus, the preferred format is: “Plaintiff Smith” or “Mr./Ms./Mx. Doe” or “XYZ Corp.” rather than “the Plaintiff/Defendant.” Please be mindful of a party’s preferred pronouns. Please proofread submissions carefully. Verdict Form: As with jury instructions, the Court urges counsel to confer and to craft a stipulated verdict form that is understandable to lay persons. In all but the most complex cases, the Court prefers a general verdict form. The verdict form shall not be filed via CM/ECF; it should be submitted pursuant to the same deadlines and method provided in subsection F(2). Charging Conference: The Court will examine the jury instructions and verdict form again when it holds the charging conference before the case goes to the jury. The parties will have another opportunity to request changes or additions to the proposed instructions and verdict forms and to state their objections on the record. 5. 6. 7. Final Instructions and Verdict Form: Court staff will prepare a final, clean set of instructions and the verdict form for the jury. G. Exhibits 1. 2. Format: Parties must use the exhibit list available on the District Court website at http://www.cod.uscourts.gov/JudicialOfficers/ ActiveArticleIIIJudges/HonGordonPGallagher.aspx. Parties must pre-mark all exhibits that will be used or identified for the record in trial. The parties shall submit a single, joint list of exhibits listed numerically and consecutively using the exhibit list form. Parties shall file their final joint exhibit list via CM/ECF no later than seven days before the Trial Preparation Conference. 3. Exhibits Preparation a. All parties are to use numerical exhibit labels. This generally is most efficient if the Plaintiff estimates the number of exhibits it might need (e.g., estimate 100 exhibits and use numbers 1- 100; the next party can then use exhibit numbers 101-200). Overestimate as appropriate so that no duplication of numbers occurs. The Court is not concerned if there is a gap in numbers, (e.g., no one uses numbers 120-130). - 7 - b. c. d. e. f. g. The parties must pre-mark all exhibits that will be used or identified for the record. Exhibits not timely pre-marked before a hearing or trial may not be admitted. The case number shall appear on each exhibit sticker or label. If exhibits are not bound and labeled properly, the trial may be delayed or continued until they are. There is no need for duplicate exhibits or for a party to seek to admit exhibits offered by another party and admitted by the Court or by stipulation. The parties shall confer and attempt to stipulate to the admissibility of any exhibits. No oversized exhibits are to be used unless requested by prior motion and approved by the Court. If a particular exhibit has more than two (2) pages and is not otherwise paginated internally, pages within the exhibit shall be numbered sequentially. 4. One USB flash drive and three exhibit notebooks, one containing the original exhibits and two containing copies of the exhibits for the Court, shall be delivered to Chambers at the courthouse where the trial will occur by 9:00 a.m. at least two business days before commencement of trial. The following information should appear on the cover of each notebook: (i) caption, (ii) nature of the proceeding, (iii) scheduled date and time, and (iv) “original” or “copy.” a. b. Parties shall contact Chambers via email prior to delivery of exhibits and shall deliver the exhibits as directed by Chambers per the designated deadline. Generally, parties shall deliver exhibits to the Court address associated with the location where the trial or hearing will be held (e.g., for a Denver trial, the parties would deliver the exhibits notebooks and USB flash drive to the Court representative in Denver). The Courtroom Deputy will place the original exhibit notebook(s) in the witness box. Thus, when asking a witness to look at an exhibit, the party may simply say, “Please look at Exhibit No. in the notebook in front of you,” and the witness will be able to refer to the exhibit in the original exhibit notebook. - 8 - H. Witness Lists 1. 2. 3. Format: Parties must use the form of witness list available through the District Court website at http://www.cod.uscourts.gov/Judicial Officers/ActiveArticleIIIJudges/HonGordonPGallagher.aspx. When to File: Each party shall submit a list of its proposed witnesses as set forth below: a. b. Parties shall file their witness lists via CM/ECF no later than seven days before the Trial Preparation Conference. 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. On the morning of the commencement of trial, each party shall provide the Courtroom Deputy with four paper copies of a final list of its witnesses, which 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. 4. Parties are encouraged to discuss calling witnesses common to both parties a single time. I. Depositions 1. 2. 3. Together with Fed. R. Civ. P. 32, this Standing Order governs the use of both regular and videotape depositions in Court proceedings. At the beginning of trial, a party shall deliver to the Courtroom Deputy the sealed, original transcripts of all depositions the party intends to use, whether for impeachment or otherwise. If the parties intend to offer deposition testimony in lieu of a live witness at trial: - 9 - a. b. c. d. Not later than thirty days prior to trial, counsel shall exchange with each other their designation of anticipated deposition and videotaped deposition testimony. Plaintiff’s designations shall be highlighted in yellow; Defendant’s designations highlighted in blue; and any other party’s in green. Subsequent to the original exchange, and not later than twenty-one days prior to trial, counsel shall notify opposing counsel of any counter- designated deposition testimony, exchange objections to all designated testimony, and make a good-faith attempt to resolve such objections. Not later than fourteen days prior to trial, the parties shall submit directly to Chambers the transcript of the designated deposition testimony, highlighted as set forth above, along with the objections thereto highlighted in red, with a notation as to the basis for the objection and a response to such objection. The Court will attempt to resolve disputes regarding the admissibility of properly designated deposition testimony prior to trial. However, if the Court does not rule on the admissibility of deposition testimony before trial, as with all other live testimony, objections shall be raised at the time the deposition testimony is presented. to deposition 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. 4. 5. 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. For bench trials, depositions will usually not be read in open court. Instead, the Court will read them in Chambers in any sequence requested. At the beginning of the trial, the offering party shall provide the Courtroom Deputy with two copies of the relevant deposition transcript marked as an exhibit with Plaintiff’s designated portions highlighted in yellow, Defendant’s in blue, and any other party’s in green. If there is any dispute or objection concerning such testimony, see subsection 3 above. - 10 - J. Glossary 1. 2. Not later than five business days before trial, the parties shall email to Chambers a Glossary of any difficult, unusual, scientific, or technical words, names, terms, or phrases, along with the spellings of witnesses’ names, names of persons or entities that will be frequently referenced, and acronyms or abbreviations that may be used in testimony or argument. The parties shall submit to the Courtroom Deputy three paper copies of the Glossary and provide a copy of the Glossary to opposing counsel and any pro se party on the day of trial. K. Jury Trials 1. 2. 3. 4. 5. 6. The parties shall be present on the first day of trial at 8:00 a.m. Jury selection will begin at 8:30 a.m. The trial day will have morning and afternoon recesses of approximately fifteen minutes in duration. A lunch break of approximately one hour will be taken at approximately 12:00 p.m. The jury in civil cases will normally consist of nine jurors. Pursuant to Fed. R. Civ. P. 47(b) and 28 U.S.C. § 1870, each side shall have three peremptory challenges. Voir Dire: After potential jurors are seated in the courtroom, the Court will give them a brief statement of the case and conduct initial voir dire. The parties will conduct the remainder of the voir dire examination. Counsel will have thirty minutes per party/party group to conduct voir dire. Division of Trial Time: In all civil trials, the time available for each party/party group to present evidence will be divided equally. We will track the amount of time each party spends examining or cross-examining witnesses. If a party has used substantially more time than the opposing party and the difference in time taken is greater the remaining anticipated time for testimony, then the party that has used more time will not be allowed to present additional evidence. In determining remaining time, testimony will close no later than the last scheduled day of trial by 10:00 a.m. (final time to be determined during trial) to allow time for reading instructions, closings, and deliberations. Jurors will be permitted to take notes during the trial. The jury will be instructed before closing argument. - 11 - 7. 8. Each juror will be given a copy of the written jury instructions for use during deliberations. The parties are not required to remain behind the lectern. It is useful, however, for the reporter if parties use the microphone at the lectern. Please speak slowly for the court reporter. The parties should also remind their witnesses to speak slowly and clearly. L. Trials To Court 1. 2. Trials to court will begin at 8:30 a.m. on the first day of trial. Not less than two business days before the Trial Preparation Conference, counsel and any pro se party shall file proposed findings of fact, conclusions of law, and orders. A copy shall also be emailed to Chambers in Word format. Counsel and any pro se party are requested to state their proposed findings of fact in the same order as their anticipated order of proof at trial. Counsel and any pro se party are requested to key their closing arguments to their proposed findings of fact and conclusions of law and to emphasize the evidence on which they rely to support their positions. 3. For a trial to the court, a proper resume or curriculum vitae, marked as an exhibit, generally will suffice for the qualification of an expert witness. M. Trial Briefs Trial briefs are encouraged but not required absent a specific court order. If filed, trial briefs shall not exceed ten pages and shall be filed no later than two business days before the Trial Preparation Conference. A trial brief may not be used as a substitute for a motion. N. Opening Statements Counsel will have thirty minutes per party/party group for opening statements. Parties are permitted to use charts, graphs, and other demonstrative aids in opening statements using white pads, overhead projectors, PowerPoint slides, or any other means of display. Demonstrative exhibits should be exchanged at least three business days before trial so that objections can be resolved before trial. The parties must promptly notify the Court of any disputes. O. Closing Arguments Counsel will have sixty minutes per party/party group for closing arguments. The parties are required to adhere to the evidence admitted during the trial but may argue inferences from the evidence, use analogies, or employ other tactics that would be useful for the jury. - 12 - P. Order and Mode of Presentation by Counsel in Trial Where a party is represented by more than one attorney, only one attorney for that party will be permitted, per witness, to examine and/or cross- examine said witness. Only one attorney for such party may conduct voir dire (unless given leave of the Court to do otherwise) or give an opening statement. If a party is entitled to two closing arguments, two attorneys may split closing arguments between counsel. - 13 - Table of Pretrial/Trial Deadlines Note: This table is provided for the convenience of parties appearing before Judge Gallagher. It does not include all the dates and deadlines listed within the Judge’s Civil Standing Order and is not a substitute for knowledge of and familiarity with the text. DEADLINE DAYS PRIOR Contact Chambers to set Final Pretrial Conference Meet and confer regarding Final Pretrial Order 10 days after deadline or 30 days after ruling 14 days Prior to Final Pretrial Conference Final Pretrial Order 7 days Prior to Trial Preparation Conference Proposed jury instructions and verdict form Motions in limine Responses to motions in limine Proposed voir dire questions Joint list of exhibits Witness lists 21 days 21 days 14 days 7 days 7 days 7 days GPG CIV. STANDING ORDER REF. III(A) III(A) III(A) III(F)(1) III(D) III(D) III(E) III(G)(2) III(H)(2)(a) III(H)(2)(b) III(L)(2) Estimates for cross-examinations of opposing party’s witnesses Proposed findings of fact, conclusions of law, and orders (bench trials only) Trial briefs 5 days (or two days after witness lists are filed) 2 business days 2 business days III(M) Prior to Trial Realtime, daily, or hourly proceeding transcript request Exchange deposition designations Counter-designations and objections regarding deposition designations Transcript of designated deposition testimony and objections Questions to Courtroom Deputy regarding courtroom technology Glossary due (3) Exchange demonstratives for openings 30 days 30 days 21 days 14 days 14 days II(B) III(I)(3)(a) III(I)(3)(a) III(I)(3)(b) II(A) 5 business days via email and 3 copies on the first day of trial 3 business days III(J) & Civ. Practice Standard 43.1A(d)(1) III(N) Exhibit notebooks (3) and USB flash drive (1) 2 business days III(G)(4)(a) Final witness list (4) First day of trial III(H)(3) - 14 - - 15 -

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PRACTICE STANDARDS - CRIMINAL District Judge Gordon P. Gallagher United States District Court District of Colorado Courtroom 323 Wayne Aspinall U.S. Courthouse Chambers 310 400 Rood Avenue Grand Junction, CO 81501 Telephone: (970) 241-8932 Email: [email protected] Issued: February 2026 I. GENERAL PROCEDURES A. Scope, Title, and Citation The Criminal Practice Standards of Judge Gordon P. Gallagher apply to all criminal actions assigned to him. These rules should be cited as Crim. Practice Standard, Part, Section, Subsection, Paragraph, and Subparagraph (e.g., Crim. Practice Standard III(B)(1)(a . B. Interpretation of the Practice Standards Consistent with Rule 2 of the Federal Rules of Criminal Procedure, these Practice Standards are to be interpreted to provide for the just determination of every criminal proceeding, to secure simplicity in procedure, fairness in administration, and to eliminate unjustifiable expense and delay. C. Applicable Rules 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 at https://www.cod.uscourts.gov/CourtOperations/RulesProcedures/L ocalRules.aspx); Colorado District (found of d. The Electronic Case Filing Procedures (the most current version); and e. These Practice Standards. Failure to comply with the foregoing rules or procedures or the Practice Standards of this Court may result in appropriate sanctions. D. Communication with Chambers 1. All communications with Chambers shall be by email only. If after fully and carefully reading these Practice Standards and the Local Rules of Practice, there are still questions about general procedures, please email Chambers at [email protected]. Please do not contact Chambers about substantive matters as Chambers staff cannot give legal advice or grant oral requests over the telephone. 2. No Case-Related or Ex Parte Communications: All communications relating to a specific case must be (1) made in the form of a motion, brief, - 2 - notice, or status report; (2) be served on all opposing counsel and pro se parties; and (3) filed as required by the Electronic Case Filing Procedures. Except as specifically directed by these Practice Standards, counsel and pro se litigants may not communicate about a case by email or letter to Chambers. 3. CM/ECF Assistance: For information about filing documents electronically, please contact the ECF Help Desk at 303-335-2026. 4. Courtroom Assistance: For information regarding the courtroom, including telephonic connection, courtroom equipment, and technology, please email [email protected]. E. Courtesy Copies, Proposed Orders, and Requested Submissions 1. Courtesy copies of documents filed electronically on CM/ECF are not required. If a party’s Proposed Order includes substantial or legal findings (i.e., significantly more than simply “motion granted”), a courtesy copy of that Proposed Order shall be sent to Chambers as set forth below. 2. When directed by the Local Rules of Practice, these Practice Standards, or Judge Gallagher to submit a document directly to Chambers, parties should submit documents as an attachment to an email addressed to [email protected] (Word) format. Submissions in PDF format are not acceptable. The subject line of the email should identify the case name, number, and title of the document attached. in an editable 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, Donald Clement, 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. Requests regarding remote witnesses (if allowed by the Court), submission of trial exhibits and witness lists, use of exhibits at trial, general courtroom procedures, and scheduling a technical walk-through shall be made to Mr. Clement at least fourteen days before the proceeding. - 3 - B. Recording of Proceedings This Court uses the FTR digital taping system for some hearings (e.g., change of plea hearings). For inquiries regarding transcripts of proceedings, please email [email protected]. Please specify the case number and date(s) of the proceeding. The Court generally will use a realtime reporter for other matters which can be considered contested hearings (e.g., sentencings, suppression hearings, and trials). The realtime reporter assigned to the Court is Megan Strawn at [email protected]. Transcripts of proceedings may be ordered from Ms. Strawn. Requests for realtime, daily, or hourly copy must be made at least thirty days before trial. For further details, contact Ms. Strawn. C. Courtroom Decorum It is of utmost importance to the Court to create a courtroom where all parties, witnesses, and counsel feel welcome and respected. 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. 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: 1. 2. 3. 4. 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 preferred pronouns. - 4 - D. Oaths The administration of the oath is a solemn moment, both as a matter of ceremony and to impress upon witnesses, jurors, and the public the seriousness of the undertakings in the oath. Please 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. A. General III. MOTIONS PRACTICE 1. Filing: Motions with separately filed briefs or memoranda in support are discouraged. The motion and all supporting arguments must be contained within a single document. In no event, however, will a separate motion and brief in support thereof be accepted unless they are filed contemporaneously. Additionally, separately filed documents will be combined and considered one document for purposes of the page limitations set forth below. 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 suppress evidence and exclude time from the speedy trial clock, the party must file two separate motions. However, requests for complementary or alternative relief, such as multiple grounds for a motion or requesting relief in the alternative, should 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. However, as discussed below, a single motion in limine may address a variety of evidence. Exhibits to a motion or response must be filed on the same calendar day as the motion or response. Exhibits filed on a later day may be summarily stricken. 2. Responses and Replies: A response shall clearly and completely identify the antecedent motion or petition to which the response is made, including title, court CM/ECF docket number, and date filed. If necessary, a party may move the Court to file a reply. The reply shall clearly and completely identify the antecedent response to which the reply is made, by title, court CM/ECF docket number, and date filed. 3. Page Limitations and Font Size: All motions, objections, responses, and concomitant briefs shall not exceed fifteen pages. Replies, if permitted, are limited to ten pages. These page limitations shall not include any cover page, table of contents, signature block, or certificate of service. The body of the text and all footnotes shall be no smaller than - 5 - 12-point font and the body of the text shall be double-spaced with at least 1” margins. The Court will entertain motions to exceed the page limit where appropriate and for good cause. Such motions shall indicate the number of pages sought and the reason why additional pages are necessary. B. Continuances of Hearings or Trials 1. End of Justice Continuances Generally: All motions for an ends of justice continuance must: a. Specify the number of days remaining on the speedy trial clock and the date the requesting party believes the speedy trial clock expires; b. Specify the number of days the party is seeking to exclude; c. Identify which parties join in the motion and which parties object to the motion. 2. Continuances Outside the Speedy Trial Deadline: A request to continue a hearing or trial to a date beyond the existing Speedy Trial deadline shall be made in writing and must provide an analysis of the factors set forth in 18 U.S.C. § 3161(h)(7)(B). The Court encourages counsel to closely examine the continuance factors set forth in 18 U.S.C. § 3161(h)(7)(B) and to specifically address how the ends of justice are served by granting the continuance pursuant to United States v. Toombs, 574 F.3d 1262 (10th Cir. 2009). Furthermore: a. Oral or written motions to continue shall not be made at the time of a hearing or trial; b. Stipulations for continuance are not effective unless approved by the Court. When a motion to continue is granted, all parties will be notified as soon as practicable; c. All motions for an ends of justice continuance must have a certification from counsel that they have conferred with the defendant and that the defendant agrees to the requested exclusion generally and to the specific amount of time excluded; d. In a multi-defendant action, a statement of conferral from all counsel shall be included and counsel for those co-defendants joining in the motion (or not opposing) must certify that they have conferred with their individual client and that their individual client concurs. - 6 - e. 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. 3. Continuances Within the Speedy Trial Deadline: Motions to continue hearings and trials to a date within the existing Speedy Trial deadline will be determined pursuant to United States v. West, 828 F.2d 1468 (10th Cir. 1987). Counsel must also comply with the requirements of Crim. Practice Standard III(B)(2)(a)-(d). C. Motions for Extensions of Time 1. Motions for extension of briefing deadlines or other dates set by the Court require a showing of good cause, which must be established with particularity. Unless the circumstances are truly unavoidable and unanticipated, the following reasons do not constitute good cause: agreement of counsel, inconvenience to counsel or to the parties; the press of business; conflicts in scheduling; or practice as a sole practitioner. 2. Any motion for an extension of time shall be filed no later than three business days before the deadline to be extended. D. Objections to Rule 404(b) Notices Objections 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. E. Motions for Discovery 1. The Court will not consider any motion related to the disclosure or production of discovery that is addressed by the discovery order and/or Federal Rule of Criminal Procedure 16, unless counsel for the moving party, prior to filing the motion, has conferred or made reasonable, good faith efforts to confer with opposing counsel in an effort to attempt to resolve the disputed matter (e.g., questions or disputes relating to the scope and/or timing of disclosure of such discovery). Motions filed without conferral will be summarily struck. 2. If the parties can resolve the dispute, the motion shall be entitled ” and the parties shall submit via email to “Unopposed Motion for Chambers the proposed order that the parties wish the Court to enter. 3. If the parties are unable to resolve the dispute, the moving party shall state in the motion the specific efforts that were taken to comply with this duty to confer. - 7 - F. Emergency Motions Emergency motions are disfavored and are only those necessary to avoid imminent, irreparable harm will be addressed on an expedited basis. 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 (as well as copying any opposing counsel or pro se party on the email) to [email protected], with a subject line containing “Emergency Motion,” and the case name and number. G. Motions In Limine 1. Generally: Motions in limine are strongly discouraged if the motion cannot be resolved until evidence is presented at trial. In many circumstances (e.g., motions seeking to exclude evidence on the grounds of Fed. R. Evid. 401 or 403, motions where the precise verbatim language of the anticipated testimony is unknown), the determination of admissibility may turn on the factual context in which the evidence is offered or the specific language the witness will use. These types of motions are usually not amenable to resolution prior to trial and are not appropriate subjects for motions in limine. In such circumstances, the Court will treat any such motion as a trial brief and will not resolve it prior to trial. 2. Time for filing: If motions in limine are filed, they must be filed fourteen days before the Trial Preparation Conference. Any responses to the motions in limine shall be filed seven days before the Trial Preparation Conference. 3. Conferral and One Motion Limit: a. Prior to filing a motion in limine, counsel shall confer 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. Each party shall be limited to one motion in limine unless the Court grants leave for a supplemental filing. The motion shall address all difficult or unusual evidentiary issues the party anticipates can be resolved before trial, with each discrete evidentiary dispute separately numbered within the motion. - 8 - c. The motion and response shall be limited to eight pages, unless counsel moves to exceed the page limitation, establishes good cause for excess pages, and the Court grants the motion. All text in these filings will count against the page limits, except for the attorney or party signature blocks and the certificate of service. No reply brief in support of a motion in limine will be permitted. H. Expert Disclosures All required disclosures by the Government pursuant to Federal Rule of Criminal Procedure 16(a)(1)(G) or any Defendant(s) pursuant to Federal Rule of Criminal Procedure 16(b)(1)(C) shall occur no later than thirty (30) days prior to trial. Any objections to such disclosures or anticipated testimony, including but not limited to those that may be made pursuant to Federal Rules of Evidence 702, 703, and 705, and Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993), shall be filed within seven (7) days thereafter. IV. HEARINGS AND TRIALS A. Durango Proceedings Criminal matters will be heard during the Durango Term Week. Durango Term Weeks are generally the third full week of the following months: February, April, June, August, October, and December. The Durango Term Week Calendar can be found at https://www.cod.uscourts. gov/Judges/Calendars.aspx. Durango criminal matters will be heard by Judge Gordon P. Gallagher or Magistrate Judge James Candelaria at the LaPlata County Courthouse in Suite 150 in Durango. B. Exhibits and Exhibit Lists: The following provisions govern all hearings and trials at which a party intends to present evidence by exhibit. 1. Format: Parties must use the exhibit list available on the Court’s website at http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIII Judges/HonGordonPGallagher.aspx. 2. When To File Exhibit Lists: Parties shall file their exhibit lists via CM/ECF no later than two business days before a hearing or seven days before the Trial Preparation Conference. 3. When to File Exhibits: a. Motions Hearings: each party must provide a copy of its exhibits to the Court, opposing counsel, or any pro se party at least two business days before the hearing. - 9 - b. Trial: The parties must provide a copy of their exhibits to Chambers no later than two business days prior to trial. 4. Exhibits Preparation a. All parties are to use numerical exhibit labels. This generally is most efficient if the Government estimates the number of exhibits it might need (e.g., estimate 100 exhibits and use numbers 1-100; the next party can then use exhibit numbers 101-200). Overestimate as appropriate so that no duplication of numbers occurs. The Court is not concerned if there is a gap in numbers, (e.g., no one uses numbers 120-130). b. The parties must pre-mark all exhibits that will be used or identified for the record. Exhibits not timely pre-marked before a hearing or trial may not be admitted. c. The case number shall appear on each exhibit sticker or label. If exhibits are not bound and labeled properly, the trial may be delayed or continued until they are. d. There is no need for duplicate exhibits or for a party to seek to admit exhibits offered by another party and admitted by the Court or by stipulation. e. The parties shall confer and attempt to stipulate to the admissibility of any exhibits. f. No oversized exhibits are to be used unless requested by prior motion and approved by the Court. g. If a particular exhibit has more than two (2) pages and is not otherwise paginated internally, pages within the exhibit shall be numbered sequentially. 5. Submission of Exhibits to the Court for Parties shall submit one USB flash drive and three exhibit notebooks, one containing the original exhibits and two containing copies of the exhibits the Court. Parties shall contact Chambers at [email protected] prior to delivery of exhibits and shall deliver the exhibits as directed by Chambers per the designated deadline. The following information should appear on the cover of each notebook: (i) caption, (ii) nature of the proceeding, (iii) scheduled date and time, and (iv) “original” or “copy.” - 10 Generally, parties shall deliver exhibits to the Court address associated with the location where the trial or hearing will be held (e.g., for a Durango trial, the parties would deliver the exhibits notebooks and USB flash drive to the Court representative in Durango). C. Witness Lists 1. Format: The parties must use the witness list form available through the District Court website at http://www.cod.uscourts.gov/JudicialOfficers/ ActiveArticleIIIJudges/HonGordonPGallagher.aspx. a. The witness lists shall include the anticipated length of testimony by the proponent for each witness, including anticipated cross- and redirect-examination. b. The parties are required to confer in advance of the filing deadlines to estimate cross-examination times for each other’s witnesses. c. The list shall also identify the expertise of any testifying experts and shall also advise the Court whether any witnesses will appear by video and whether there is any objection to any/all potential video testimony. 2. When to File: Each party shall submit a list of its proposed witnesses as set forth below: a. Hearings: Parties shall file their witness lists via CM/ECF no later than two business days before the hearing b. Trial Preparation Conference: Parties shall file their witness lists via CM/ECF no later than seven days before the Trial Preparation Conference. 3. Updated Lists: On the morning of commencement of trial, each party shall provide the Courtroom Deputy with four paper copies of a final list of its witnesses, which 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. D. Presentation of Evidence Via Deposition Transcript Together with Fed. R. Crim. P. 15, this practice standard governs the use of depositions in criminal proceedings: - 11 1. Deposition designations and objections: If a party intends to offer deposition testimony in lieu of a live witness at a hearing or trial, counsel shall exchange with each other their designations of anticipated deposition testimony at least twenty-one days prior to the hearing or trial. If any party objects to any deposition designations, the parties shall jointly file with the Court a single marked-up transcript of their respectively designated deposition testimony no later than fourteen days before the hearing or trial. The Government’s designations shall be highlighted in yellow, and Defendant’s designations shall be highlighted in blue. The parties shall also file a chart identifying the designation by page and line number and any objections to that designation. Objections must state the rule and a short statement of the basis for the objection. 2. For jury trials, parties shall provide a person to read the deposition answers aloud from the witness stand. 3. For hearings or bench trials, depositions will not be read in open court. Instead, the Court will read them in chambers in any requested sequence. At the beginning of the hearing or trial, the offering party shall provide the Courtroom Deputy with two copies of the relevant deposition transcript marked as an exhibit with the Government’s designated portions highlighted in yellow and the defendant’s in blue. E. Presentation of Evidence Via Videotaped Depositions Together with Fed. R. Crim. P. 15, this practice standard governs the use of videotaped depositions in criminal proceedings. 1. The procedure set forth above with regard to designating deposition testimony and lodging objections shall apply where the deposition testimony will be presented by video. 2. In addition to providing the Court with a copy of a transcript of the designated and objected-to portions of the testimony, the parties shall provide the Court with a copy of the video recording on a USB flash drive. 3. The chart identifying designations shall include time stamps of where each objected-to portion of testimony may be found on the recording. 4. If the Court is not able to resolve objections before trial to facilitate appropriate redaction of the video recording, the party proffering the recording shall be prepared at trial to “fast-forward” past any testimony that the Court may exclude. - 12 F. Trial Preparation Conference The Court will set a date for the Trial Preparation Conference approximately fourteen days before trial. Counsel who will try the case must attend. Once trial has been set, the Court will issue an order that will confirm the trial date and the Trial Preparation Conference date. Not later than seven days prior to the Trial Preparation Conference, the parties shall submit, via CM/ECF, the following: 1. Final witness and exhibit lists: the parties shall file their proposed to witness and exhibit [email protected] in accordance with Section IV(B) and (C). lists via CM/ECF and by email 2. Proposed jury instructions and verdict forms: the parties shall file their instructions and verdict forms via CM/ECF and shall submit a courtesy copy by email to [email protected] in an editable (Word) format. Verdict forms shall be submitted in a separate file from jury instructions. Within the jury instruction file, each jury instruction shall begin on a new page. Clear and concise jury instructions and verdict forms are imperative. While the Court encourages the use of stock and model instructions, counsel should review those instructions and the verdict form with the average layperson in mind and modify language that is overly complicated so that the jury instructions and verdict form are understandable to laypersons. a. To the maximum extent possible, the parties shall agree on one stipulated set of proposed jury instructions, including both stock and substantive instructions. Only true conflict or uncertainty in binding substantive law should prevent such agreement. b. The jury instructions shall 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/. c. To the extent that counsel are unable to agree on certain proposed instructions, they may each submit their preferred version of any disputed instruction, including supporting authority. Each disputed instruction should be identified by party and numbered (e.g., - 13 Government’s Disputed Instruction No. 1) for the purpose of making a record at the jury instruction conference. d. The same process as in subsection (c) shall be used for verdict forms. e. Where possible, the Court will attempt to ensure that jury instructions and verdict forms will be finalized before the trial begins. 3. Proposed voir dire questions: It is not necessary to submit generalized questions that are commonly asked in every jury selection (e.g., where the prospective juror works or what organizations they belong to). Only submit questions that are uniquely raised by the particular facts or issues in the case (e.g., in an embezzlement case, questions focusing on prospective jurors’ work experience with finances and financial control policies). G. Trial Briefs 1. A general trial brief setting forth the party’s theory of the case is unnecessary, but to the extent there are unusual legal or evidentiary issues that may arise, a brief that primarily recites the authorities the parties intend to rely upon may be helpful. 2. If filed, trial briefs shall not exceed ten pages and shall be filed no later than seven days before trial. Please flag evidentiary issues that are likely to arise during trial in a trial brief rather than by motion in limine. A trial brief may not be used as a substitute for any motion. H. Jury Trials 1. The parties shall be present on the first day of trial at 8:00 a.m. Jury selection will begin at 8:30 a.m. The second day of trial will generally begin at 8:00 a.m. and continue until 5:00 p.m when possible. The trial day will have morning and afternoon recesses of approximately fifteen minutes in duration. A lunch break of approximately one hour will be taken at approximately 12:00 p.m. 2. Voir Dire: After potential jurors are seated in the courtroom, the Court will give them a brief statement of the case and conduct initial voir dire. The parties will conduct the remainder of the voir dire examination. Unless ordered otherwise, each side shall be permitted voir dire examination of thirty minutes after voir dire examination by the Court. - 14 3. Challenges pursuant to Batson v. Kentucky, 476 U.S. 79 (1986), shall be made and considered at the time challenges for cause are made before the jury is sworn. A party that wants to preserve a Batson challenge should request the Court not to release any jurors subject to the challenge. 4. Jurors will be permitted to take notes during the trial. 5. The jury will be instructed before closing argument. 6. Each juror will be given a copy of the written jury instructions for use during deliberations. I. Trials to Court 1. Trials to court will begin at 8:30 a.m. on the first day of trial. 2. For a trial to the court, a proper resume or curriculum vitae, marked as an exhibit, generally will suffice for the qualification of an expert witness. J. Order and Mode of Presentation by Counsel in Trial 1. Where a party is represented by more than one attorney, only one attorney for that party will be permitted, per witness, to examine and/or cross-examine said witness. Only one attorney for such party may conduct voir dire (unless given leave of the Court to do otherwise) or give an opening statement. 2. If a party is entitled to two closing arguments, two attorneys may split closing arguments between counsel. K. Glossary 1. Not later than five business days before trial, the parties shall email to Chambers a Glossary of any difficult, unusual, scientific, or technical words, names, terms, or phrases, along with the spellings of witnesses’ names, names of persons or entities that will be frequently referenced, and acronyms or abbreviations that may be used in testimony or argument. 2. The parties shall submit to the Courtroom Deputy three paper copies of the Glossary and provide a copy of the Glossary to opposing counsel and any pro se party on the day of trial. - 15 V. PLEA AGREEMENTS A. Notices of Disposition 1. When to File: A disposition is the final settlement of a matter. Therefore, if counsel files a Notice of Disposition in a case, it is representing to the Court that: (1) defense counsel and Government have reached a final agreement on all the terms of the plea agreement; and (2) the defendant has agreed to those terms. If this is not the case, do not file a Notice of Disposition. 2. Tolling Speedy Trial: Any notice of disposition filed pursuant to D.C.COLO.LCrR 11.1(a) shall be considered to be a pretrial motion within the meaning of 18 U.S.C. § 3161(h)(1)(F) for the purpose of computing time under the Speedy Trial Act of 1974, 18 U.S.C. §§ 3161– 74. 3. Dates Not Vacated: The Final Trial Preparation Conference and the trial dates will not be vacated until the defendant’s plea is entered and accepted by the Court. Therefore, parties reaching disposition on the eve of trial shall be prepared to proceed to a Change of Plea Hearing at the time scheduled for the Trial Preparation Conference or first day of trial. However, the filing requirements of the Criminal Practice Standards are tolled upon the filing of a Notice of Disposition. If a plea is not entered by the defendant at the Change of Plea Hearing, then the case will proceed to trial as scheduled, unless the Court grants an ends of justice continuance to exclude time from the speedy trial clock. B. Change of Plea Hearing 1. The AUSA who negotiated the plea agreement and defense counsel who reviewed the plea agreement with the defendant must be present in person at the Change of Plea hearing. 2. Courtesy Copy of Plea Agreement: No less than five business days before the Change of Plea Hearing, the parties shall send via email a courtesy copy of the plea agreement (signed) to Chambers. Parties shall also provide any other necessary paperwork that shall be considered alongside the plea (e.g., information, waiver of indictment, supplemental agreement, etc.). 3. Signed Plea Agreement: Pursuant to D.C.COLO.LCrR 11.1(e), defense counsel shall submit the signed original and one copy of the “Statement by Defendant in Advance of Change of Plea” and the “Plea Agreement - 16 and Statement of Facts” to the Courtroom Deputy at the time of the hearing. A. Motions or Statements. VI. SENTENCING 1. Motions: Sentencing-related motions or statements must be filed no later than fourteen days before the Sentencing Hearing. Responses or objections to the opposing party’s filings MUST be filed no later than seven days before the scheduled Sentencing Hearing. The deadlines for filing such papers will be extended only upon the showing of good cause. Additionally, failure to file a response to the opposing party’s sentencing statement or motion(s) may be construed as a concession of the relief requested by the opposing party. The above deadlines do not in any way alter or affect deadlines for the filing of objections or other pleadings established pursuant to Fed. R. Crim. P. 32. 2. Proceedings under seal. Sentencing-related filings are not to be filed under seal unless counsel is able to provide a compelling reason for sealing the filing. The mere inclusion of information of a personal nature in a filing is not a compelling reason to seal such a filing. Sentencing- related documents to D.C.COLO.LCr.R 32.1(e) will be summarily stricken. Failure to comply with this Practice Standard may result in a continuance of the Sentencing Hearing. filed correctly pursuant that are not VII. SUPERVISED RELEASE VIOLATIONS A. Supervised Release Violation Report The Probation Officer shall file the Supervised Release Violation Report with the Court not later than seven days prior to the Final Hearing on Supervised Release. B. Sentencing Statements 1. Not later than seven days before the Supervised Release Revocation Hearing, the defendant shall file a sentencing statement indicating whether the defendant intends to admit or deny the allegations and setting forth his/her/their sentencing position. 2. The Government’s response to the defendant’s sentencing statement must be filed not later than five days before the Supervised Release Revocation Hearing. - 17 3. Failure to comply with this Practice Standard may result in a continuance of the Supervised Release Revocation Hearing. VIII. REMOTE APPEARANCE A. General Rule 1. Counsel whose offices are outside the area where a hearing is being held or who cannot reasonably make a personal appearance (e.g., due to illness that prevents an in-person appearance but does not necessarily warrant a continuance), may appear remotely (via VTC) with prior approval by the Court. If counsel believes that a remote appearance is warranted, counsel shall file a motion with the Court at least ten days before the hearing. 2. For substantive hearings (detention, change of plea, sentencing, and supervised is strongly release proceedings) defense counsel encouraged to be present with their client to foster better communication between counsel and the defendant. For any remote appearance by a defendant or defense counsel, both client and counsel must consent to the remote appearance before the Court will allow it. 3. No remote appearance will be permitted for any trial and or for any substantive motion hearing (e.g., a motion to suppress). B. Process For VTC appearances, counsel are directed to contact Chambers via email at [email protected] at least three days before the scheduled hearing for instructions on how to proceed by VTC. - 18 Table of Pretrial/Trial Deadlines Note: This table is provided for the convenience of parties appearing before Judge Gallagher. It does not include all the dates and deadlines listed within the Judge’s Criminal Practice Standards and is not a substitute for knowledge of and familiarity with the text. DEADLINE DAYS PRIOR CRIM. PRACTICE STANDARDS REF. Objections to Rule 404(b) notices 7 days after notice filed III(D) Motions Hearing Objections to ends of justice continuance 7 days after motion filed III(B)(2)(d) Courtesy copy of plea agreement 5 business days prior V(B)(2) Exhibits and witness list 2 business days prior Prior to Trial Preparation Conference Motions in limine Responses to motions in limine 14 days 7 days Proposed jury instructions and verdict form 7 days Final exhibit list Final witness lists Estimates for cross-examinations of opposing party’s witnesses 7 days 7 days 7 days IV(B)(2) & IV(C)(2)(a) III(G)(2) III(G)(2) IV(F)(2) IV(B)(2) & IV(F)(1) IV(C)(2)(b) & IV(F)(1) IV(C)(2)(b) Prior to Trial Realtime, daily, or hourly proceeding transcript request Designations and objections regarding deposition designations Questions to Courtroom Deputy regarding courtroom technology Trial briefs 30 days II(B) 21 and 14 days IV(D)(1) 14 days 7 days II(A) IV(G)(2) Glossary 5 business days IV(J)(1) Exhibit notebooks (3) and USB flash drive (1) 2 business day Final witness list (4) First day of trial IV(B)(3)(b) & IV(B)(5) IV(C)(3) Prior to Sentencing Hearing and Supervised Release Revocation Hearing Sentencing-related motions or statements 14 days Supervised release violation report 7 days VI(A)(1) VII(A) Sentencing statement and response 7 and 5 days VII(B)(1)-(2) - 19

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Weapon policy effective February 13, 2025: Unless otherwise authorized by the Court, no person appearing before United States District Judge Gordon P. Gallagher or United States Magistrate Judge Richard T. Gurley in the Wayne Aspinall Courthouse in Grand Junction, Colorado is allowed to possess any of the following and is subject to screening for: Weapons, explosives, destructive devices, guns, firearms, tasers, knives (of any length), bladed, edged, or sharp objects, clubs or other striking devices, explosive material, incendiaries, personal protective devices such as mace or pepper spray, or replicas of any of the foregoing. Any individual who violates this Order is subject to sanctions including removal, refusal of entry, and contempt of court.

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JURY SELECTION PROTOCOL - CRIMINAL Judge Gordon P. Gallagher United States District Court District of Colorado Courtroom 323 Wayne Aspinall U.S. Courthouse Chambers 310 400 Rood Avenue Grand Junction, CO 81501 Telephone: (970) 241-8932 Email: [email protected] Issued: April 2023 1. Except in longer trials, the jury will consist of twelve regular jurors and one alternate juror, who shall remain anonymous to all but the Court and the parties. The alternate juror shall be in the seat selected by the Court during the Trial Preparation Conference. 2. Thirty-one prospective jurors will be chosen at random by lot and seated in front of and in the jury box. 3. Voir dire will be conducted by the Court and counsel and will be directed to those thirty-one prospective jurors. 4. Any juror excused by the Court for hardship will be replaced by a prospective juror other than the initial thirty-one. 5. After voir dire is completed, the Court will entertain challenges for cause. 6. Pursuant to Fed. R. Crim. P. 24(b) and (c)(2) and (c)(4)(A), the defendant is entitled to eleven peremptory challenges (ten for the regular jurors and one for the alternate) and the Government is entitled to seven peremptory challenges (six for the regular jurors and one for the alternate). 7. When the Court directs, the parties shall exercise their regular (non-alternate) juror peremptory challenges in the following order: a. The Government may exercise its first peremptory challenge; b. The defendant may exercise his first and second peremptory challenges; c. The Government may exercise its second peremptory challenge; d. The defendant may exercise his third and fourth peremptory challenges; e. The Government may exercise its third peremptory challenge; f. The defendant may exercise his fifth and sixth peremptory challenges; g. The Government may exercise its fourth peremptory challenge; h. The defendant may exercise his seventh and eighth peremptory challenges; - 2 - i. The Government may exercise its fifth peremptory challenge; j. The defendant may exercise his ninth peremptory challenge; k. The Government may exercise its sixth peremptory challenge; l. The defendant may exercise his tenth peremptory challenge. 8. When the Court directs, the parties shall exercise their alternate juror peremptory challenges in the following order: a. The Government may exercise its seventh (and final) peremptory challenge as to the alternate juror only, or the challenge is waived; and b. The defendant may exercise his eleventh (and final) peremptory challenge as to the alternate juror only. 9. If either side accepts the jury before exercising all of its peremptory challenges, the other side may continue to exercise available peremptory challenges in response to which the side accepting the jury with peremptory challenges remaining may exercise remaining peremptory challenges, but only with respect to a prospective juror who was seated in the place of another prospective juror who was excused through the exercise of a peremptory challenge. 10. A peremptory challenge shall be by audible strike made in open court by the party exercising the challenge. 11. All but the last peremptory challenge for each side shall be directed at prospective jurors in seats 1 through 13 only, with the exception of the seat designated for the alternate. As required by Fed. R. Crim. P. 24(c)(2) and (4), the last peremptory challenge for each side may be used to remove the alternate juror only. 12. Panelists in seats one through thirteen who are excused by peremptory challenge shall be replaced by remaining prospective jurors in seats 14 through 31 beginning with the prospective juror in seat 14. - 3 -

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CASE NO.______________________ FINAL LIST OF JOINT EXHIBITS CASE CAPTION __________________________ vs. __________________________ DATE __________________________ EXHIBIT NO. WITNESS DESCRIPTION AUTH- ENTICITY STIP OFFER RECD. REF. RUL. RSVD. COMMENTS/ INFO.

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Gordon P. Gallagher Case No. __________________________ Date _________________ Case Title _____________________________________________________________ ___________________________ FINAL WITNESS LIST (Plaintiff / Defendant) WITNESS & DATE (MAY / WILL) PROPOSED LENGTH OF TESTIMONY Direct: Direct: Direct: Direct: Direct: Direct: Direct: Direct: Direct: Direct: Direct: Direct: Direct: Direct: Direct: Direct: Direct: Direct: Cross: Cross: Cross: Cross: Cross: Cross: Cross: Cross: Cross: Cross: Cross: Cross: Cross: Cross: Cross: Cross: Cross: Cross: Total: Total: Total: Total: Total: Total: Total: Total: Total: Total: Total: Total: Total: Total: Total: Total: Total: Total: