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Hon. Regina M. Rodriguez · U.S. District Court for the District of Colorado
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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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Effective: December 3, 2025 JUDGE REGINA RODRIGUEZ PRACTICE STANDARDS CRIMINAL ACTIONS TO: FROM: RE: Counsel and Parties Judge Regina M. Rodriguez Practice Standards Criminal Actions I. GENERAL PROCEDURES A. Applicable Rules Those appearing in the District Court must know and follow: 1. 2. 3. 4. The Federal Rules of Criminal Procedure; The Federal Rules of Evidence; The Local Rules of Practice of the United States District Court for the District of Colorado; The Electronic Case Filing Procedures (Criminal Version 3.0 or the most current version); and 5. These Practice Standards. B. Communications with Chambers 1. 2. 3. 4. 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 the Judge’s chambers at [email protected]. All emails to chambers should include the case name and number in the subject line of the email. For information about courtroom technology, trial preparation, or submission of trial exhibits, please contact my Courtroom Deputy, Kally Myhaver, [email protected]. Please do not contact the law clerks about procedural or scheduling matters. C. Proposed Orders 1. You may be directed to transmit proposed orders or other pleadings or papers by e-mail to [email protected]. The proposed order or document should be submitted as an attachment to the e-mail in Word format unless otherwise specified. The e-mail message should identify the case number and document attached. Please do not send documents directly to chambers by facsimile or e-mail unless requested or ordered to do so by the court. D. Citations 1. 2. 3. Citations shall be made pursuant to the most current edition of THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION. General references to cases, pleadings, depositions, or documents are insufficient if the document is more than one page in length. Whenever possible, specific references in the form of pinpoint citations should be used to identify relevant excerpts from cases, pleadings, depositions, or documents. Whenever practicable, a citation to an unpublished opinion should include its Westlaw® citation. If a Westlaw® citation does not exist, include the caselaw as an attachment E. Motions to Continue 1. Motions to continue (including motions to vacate or reset) hearings and trials will be determined pursuant to United States v. West, 828 F.2d 1468, 1469-70 (10th Cir. 1987) unless a party seeks to continue a hearing or trial outside the Speedy Trial Act deadlines, in which case it will be decided pursuant to the Speedy Trial Act. Oral or written motions to continue should not be made at the time of a hearing or trial. Stipulations for continuance are not effective unless approved by the Court. When a motion to continue is granted, all parties will be notified as soon as practicable. F. Motions for Extensions of Time 1. Motions for extension of time require a showing of good cause, which must be established with particularity. The following reasons do not constitute good cause: agreement of counsel, inconvenience to counsel or to the parties; the press of business; conflicts in scheduling; or practice as a sole practitioner. 2 II. COURTROOM PROCEDURES A. Courtroom Protocol 1. Please observe traditional courtroom decorum: stand when addressing the Court, address the Court as “Your Honor,” and request permission to approach the bench. It will not normally be necessary for counsel to approach a witness on the stand. The Courtroom Deputy, upon request of counsel, will hand a witness an exhibit. 2. If you have a question about courtroom protocol, please contact my Courtroom Deputy, Kally Myhaver, at kally [email protected]. B. Recording of Proceedings 1. The realtime reporter assigned to the court is Jessica Anderson. Transcripts of proceedings may be ordered from Ms. Anderson at [email protected]. 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. If there are any further questions, please contact Ms. Anderson for details. C. Exhibits 1. Motions Hearings: a. For motions hearings, each party must provide a copy of its exhibit list and each exhibit to opposing counsel or any pro se party three business days before the hearing. 2. Trial a. For trial, the Government must provide a copy of its exhibits to Chambers no later than three business days prior to trial. This requirement applies to a defendant if he or she has identified exhibits for trial. 3. Each party must pre-mark all exhibits that will be used or identified in a hearing or trial. Exhibits not timely pre-marked or exchanged before a hearing or trial may not be admitted. 3 4. Exhibits must be bound, e.g., in three-ring notebooks or folders, and the notebook or folder labeled with the following information: (i) caption, (ii) nature of proceeding, (iii) scheduled date and time, and (iv) “original” or “copy.” If exhibits are not bound and labeled properly, the hearing or trial may be delayed or continued until they are. 5. Number of Sets of Exhibits a. For hearings, separate sets of bound exhibits must be brought to the hearing for (1) the court; (2) the law clerk; and (3) the witness stand. A third copy may be provided electronically via a thumb drive. b. For trials, the Trial Preparation Conference Order will specify the number of sets of exhibits. 6. Before any hearing or trial, each party shall submit to the courtroom deputy clerk an original and two copies of the Witness List and Exhibit List. D. Witness Lists 1. Motions hearings: a. For motions hearings, witness lists should be filed via CM-ECF three business days before the hearing. For trials, see Section IV.A. concerning the Trial Preparation Conference. 2. Format – Parties should use the form of witness list available on the District Court website III. MOTIONS PRACTICE A. General 1. 2. 3. All requests for the Court to take distinct actions must be contained in separate, written motions. 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. Parties should submit a proposed order with any stipulated, joint, or unopposed motion. Motions with separately filed briefs or memoranda in support are discouraged. I prefer the motion itself and all supporting arguments to 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. 4 4. Exhibits to a motion, response, or reply (when permitted pursuant to RMR Criminal Practice Standard III.D.2) must be filed on the same calendar day as the motion, response, or reply. Exhibits filed on a later day may be summarily stricken. 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). Refer to Uniform Civil Practice Standards 7.1(a)(3). 5. If parties file what they deem to be an “emergency” motion, they should also email chambers at [email protected] at the time the motion is filed. B. Ends of Justice Continuances of Hearings and Trials. 1. 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. If the ends of justice continuance is unopposed/joined by all defendants each defendant shall sign the motion. d. 2. Any party who objects to the granting of an ends of justice continuance must file their objection within 7 days of the filing of the motion. C. Page Limitations 1. 2. All motions, objections, responses, and briefs shall not exceed fifteen pages. Replies (when permitted pursuant to RMR Criminal Practice Standard III.D.2) shall not exceed ten pages. Motions and briefs shall be combined and will be considered one paper for purposes of computing page limitations. These page limitations include the statement of facts, procedural history, argument, authority, closing, signature block, and all other matters, except the certificate of service. The body of the text and all footnotes shall be no smaller than 12-point type. Motions to exceed the page limitations set forth in these Practice Standards will be granted only upon a showing of good cause. Any such motion shall indicate the number of pages of the proposed document and the reason why the additional pages are necessary. 5 D. Responses and Replies 1. 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. No replies shall be allowed unless specifically granted by the Court. If permitted, 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. E. Trial Briefs Trial briefs are encouraged, but not required absent specific court order. If filed, trial briefs shall not exceed ten pages and shall be filed not later than seven days before trial. Please flag evidentiary issues in a trial brief rather than by motion in limine. A trial brief may not be used as a substitute for a motion. IV. TRIALS A. Trial Preparation Conference/ Change of Plea Hearing 1. The court will set a date for either the Trial Preparation Conference or a change of plea hearing approximately two weeks before trial. Counsel who will try the case must attend. 2. Not later than one week prior to the Trial Preparation Conference, the parties shall submit, via CM/ECF, the following: a. Witness List. It should include the proposed order of witnesses, the anticipated length of testimony, including cross examination, and the expertise of any testifying experts. The parties shall also advise the Court whether any witnesses will appear by video. b. Exhibit List. c. Deposition Designations/Objections. 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. 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 d. Proposed Jury Instructions. To the maximum extent possible, the parties shall agree on one stipulated set of proposed jury instructions; only true conflict or uncertainty in binding substantive law should prevent such agreement. 6 i. 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/). ii. To the extent that counsel are unable to agree on proposed instructions, they are to jointly submit a document identifying all disputed instructions, with a brief statement of dispute and each side’s proposed language. e. Proposed Verdict Forms. f. Proposed Voir Dire. Proposed voir dire should only include questions counsel would like the Court to ask. The Court has stock questions it will ask. The parties may obtain a copy of the Court’s stock questions from Ms. Myhaver. B. Trial Practice and Procedure 1. Counsel and pro se parties shall be present on the first day of trial at 8:30 a.m. Jury selection will begin at 9:00 a.m. Commencing the second day of trial, the normal trial day will begin at 8:00 a.m. and continue until 3:00 p.m. The trial day will have a morning recess of approximately fifteen minutes and a lunch break of approximately thirty minutes. 2. Unless otherwise ordered, each side shall be permitted voir dire examination of fifteen minutes after voir dire examination by the Court. V. PLEA AGREEMENTS A. Treatment of Notice of Disposition 1. Any notice of disposition filed pursuant to D.C.COLO.LCrR 11.1A shall be considered to be a pretrial motion within the meaning of 18 U.S.C. § 3161(h)(1)(D) for the purpose of computing time under the Speedy Trial Act of 1974, 18 U.S.C. §§ 3161-74. 7 B. Plea Agreement Content Restriction 1. No plea agreement shall identify whether a defendant has agreed to cooperate with the United States or other jurisdiction with respect to the investigation or prosecution of others. Consequently, no plea agreement shall contain any reference to any cooperation agreement between the defendant and the government, to any potential for a motion under 5K.1.1 of the United States Sentencing Guidelines (“U.S.S.G.”), or to any other statutory or guideline calculation or adjustment predicated on such cooperation. C. Change of Plea Haring 1. The order setting the trial and pretrial dates also sets the change of plea hearing date on the same day as the Trial Preparation Conference. If a notice of disposition is filed, the Change of Plea hearing will be held on the date already scheduled for the trial preparation conference (in lieu of the trial preparation conference). 2. 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. 8
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Effective: December 31, 20254 JUDGE REGINA RODRIGUEZ PRACTICE STANDARDS CRIMINAL ACTIONS TO: FROM: RE: Counsel and Parties Judge Regina M. Rodriguez Practice Standards Criminal Actions I. GENERAL PROCEDURES A. Applicable Rules Those appearing in the District Court must know and follow: 1. 2. 3. 4. 5. The Federal Rules of Criminal Procedure; The Federal Rules of Evidence; The Local Rules of Practice of the United States District Court for the District of Colorado; The Electronic Case Filing Procedures (Criminal Version 3.0 or the most current version); and These Practice Standards. B. Communications with Chambers 1. 2. 3. 4. 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 the Judge’s chambers at [email protected]. All emails to chambers should include the case name and number in the subject line of the email. For information about courtroom technology, trial preparation, or submission of trial exhibits, please contact my Courtroom Deputy, Kally Myhaver, [email protected]. Please do not contact the law clerks about procedural or scheduling matters. C. Proposed Orders 1. You may be directed to transmit proposed orders or other pleadings or papers by e-mail to [email protected]. The proposed order or document should be submitted as an attachment to the e-mail in Word format unless otherwise specified. The e-mail message should identify the case number and document attached. Please do not send documents directly to chambers by facsimile or e-mail unless requested or ordered to do so by the court. D. Citations 1. 2. 3. Citations shall be made pursuant to the most current edition of THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION. General references to cases, pleadings, depositions, or documents are insufficient if the document is more than one page in length. Whenever possible, specific references in the form of pinpoint citations should be used to identify relevant excerpts from cases, pleadings, depositions, or documents. Whenever practicable a citation to an unpublished opinion should include its Westlaw® citation. If a Westlaw® citation does not exist, include the caselaw as an attachment. E. Motions to Continue 1. Motions to continue (including motions to vacate or reset) hearings and trials will be determined pursuant to United States v. West, 828 F.2d 1468, 1469-70 (10th Cir. 1987) unless a party seeks to continue a hearing or trial outside the Speedy Trial Act deadlines, in which case it will be decided pursuant to the Speedy Trial Act. Oral or written motions to continue should not be made at the time of a hearing or trial. Stipulations for continuance are not effective unless approved by the Court. When a motion to continue is granted, all parties will be notified as soon as practicable. F. Motions for Extensions of Time 1. Motions for extension of time require a showing of good cause, which must be established with particularity. The following reasons do not constitute good cause: agreement of counsel, inconvenience to counsel or to the parties; the press of business; conflicts in scheduling; or practice as a sole practitioner. II. COURTROOM PROCEDURES A. Courtroom Protocol 1. Please observe traditional courtroom decorum: stand when addressing 2 the Court, address the Court as “Your Honor,” and request permission to approach the bench. It will not normally be necessary for counsel to approach a witness on the stand. The Courtroom Deputy, upon request of counsel, will hand a witness an exhibit. 2. If you have a question about courtroom protocol, please contact my Courtroom Deputy, Kally Myhaver, at kally [email protected]. B. Recording of Proceedings 1. The realtime reporter assigned to the court is Jessica AndersonSadie Herbert. Transcripts of proceedings may be ordered from Ms. AndersonHerbert at jessica@[email protected]. [email protected]. 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. If there are any further questions, please contact Ms. Anderson for details. Further details can be obtained from Ms. Herbert. C. Exhibits 1. Motions Hearings: a. For motions hearings, each party must provide a copy of its exhibit list and each exhibit to opposing counsel or any pro se party threetwo business days before the hearing. 2. Trial a. For trial, the Government must provide a copy of its exhibits to Chambers no later than three two business days prior to trial. This requirement applies to a defendant if he or she has identified exhibits for trial. 3. 4. Each party must pre-mark all exhibits that will be used or identified in a hearing or trial. Exhibits not timely pre-marked or exchanged before a hearing or trial may not be admitted. Exhibits must be bound, e.g., in three-ring notebooks or folders, and the notebook or folder labeled with the following information: (i) caption, (ii) nature of proceeding, (iii) scheduled date and time, and (iv) “original” or “copy.” If exhibits are not bound and labeled properly, the hearing or trial 3 may be delayed or continued until they are. 5. Number of Sets of Exhibits a. For hearings, separate sets of bound exhibits must be brought to the hearing for (1) the court; (2) the law clerk; and (3) the witness stand. A third copy may be provided electronically via a thumb drive. b. For trials, the Trial Preparation Conference Order will specify the number of sets of exhibits. 6. Before any hearing or trial, each party shall submit to the courtroom deputy clerk an original and two copies of the Witness List and Exhibit List. D. Witness Lists 1. Motions hearings: a. For motions hearings, witness lists should be filed via CM-ECF threewo business days before the hearing. For trials, see Section IV.A. concerning the Trial Preparation Conference. 2. Format – Parties should use the form of witness list available on the District Court website III. MOTIONS PRACTICE A. General 1. 2. 3. 4. All requests for the Court to take distinct actions must be contained in separate, written motions. 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. Parties should submit a proposed order with any stipulated, joint, or unopposed motion. Motions with separately filed briefs or memoranda in support are discouraged. I prefer the motion itself and all supporting arguments to 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. Exhibits to a motion, response, or reply (when permitted pursuant to RMR Criminal Practice Standard III.D.2) must be filed on the same calendar day as the motion, response, or reply. Exhibits filed on a later day may be summarily stricken. Where a motion is supported by exhibits, said motion shall be accompanied by one consecutively numbered appendix, 4 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). Refer to Uniform Civil Practice Standards 7.1(a)(3). 5. If parties file what they deem to be an “emergency” motion, they should also email chambers at [email protected] at the time the motion is filed. B. Ends of Justice Continuances of Hearings and Trials. 1. 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. If the ends of justice continuance is unopposed/joined by all defendants each defendant shall sign the motion. d. 2. Any party who objects to the granting of an ends of justice continuance must file their objection within 7 days of the filing of the motion. C. Page Limitations 1. 2. All motions, objections, responses, and briefs shall not exceed fifteen pages. Replies (when permitted pursuant to RMR Criminal Practice Standard III.D.2) shall not exceed ten pages. Motions and briefs shall be combined and will be considered one paper for purposes of computing page limitations. These page limitations include the statement of facts, procedural history, argument, authority, closing, signature block, and all other matters, except the certificate of service. The body of the text and all footnotes shall be no smaller than 12-point type. Motions to exceed the page limitations set forth in these Practice Standards will be granted only upon a showing of good cause. Any such motion shall indicate the number of pages of the proposed document and the reason why the additional pages are necessary. D. Responses and Replies 1. 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. No replies shall be allowed unless specifically granted by the Court. If permitted, 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. 5 3. E. Trial Briefs Trial briefs are encouraged, but not required absent specific court order. If filed, trial briefs shall not exceed ten pages and shall be filed not later than seven days before trial. Please flag evidentiary issues in a trial brief rather than by motion in limine. A trial brief may not be used as a substitute for a motion. IV. TRIALS A. Trial Preparation Conference/ Change of Plea Hearing 1. The court will set a date for either the Trial Preparation Conference or a change of plea hearing approximately two weeks before trial. Counsel who will try the case must attend. 2. Not later than one week prior to the Trial Preparation Conference, the parties shall submit, via CM/ECF, the following: a. Witness List. It should include the proposed order of witnesses, the anticipated length of testimony, including cross examination, and the expertise of any testifying experts. The parties shall also advise the Court whether any witnesses will appear by video. b. Exhibit List. c. Deposition Designations/Objections. 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. 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 d. Proposed Jury Instructions. To the maximum extent possible, the parties shall agree on one stipulated set of proposed jury instructions; only true conflict or uncertainty in binding substantive law should prevent such agreement. i. 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/). 6 ii. To the extent that counsel are unable to agree on proposed instructions, they are to jointly submit a document identifying all disputed instructions, with a brief statement of dispute and each side’s proposed language. e. Proposed Verdict Forms. f. Proposed Voir Dire. Proposed voir dire should only include questions counsel would like the Court to ask. The Court has stock questions it will ask. The parties may obtain a copy of the Court’s stock questions from Ms. Myhaver. B. Trial Practice and Procedure 1. Counsel and pro se parties shall be present on the first day of trial at 8:30 a.m. Jury selection will begin at 9:00 a.m. Commencing the second day of trial, the normal trial day will begin at 8:00 a.m. and continue until 3:00 p.m. The trial day will have a morning recess of approximately fifteen minutes and a lunch break of approximately thirty minutes. 2. Unless otherwise ordered, each side shall be permitted voir dire examination of fifteen minutes after voir dire examination by the Court. V. PLEA AGREEMENTS A. Treatment of Notice of Disposition 1. Any notice of disposition filed pursuant to D.C.COLO.LCrR 11.1A shall be considered to be a pretrial motion within the meaning of 18 U.S.C. § 3161(h)(1)(D) for the purpose of computing time under the Speedy Trial Act of 1974, 18 U.S.C. §§ 3161-74. B. Plea Agreement Content Restriction 1. 2. No plea agreement shall identify whether a defendant has agreed to cooperate with the United States or other jurisdiction with respect to the investigation or prosecution of others. Consequently, no plea agreement shall contain any reference to any cooperation agreement between the defendant and the government, to any potential for a motion under 5K.1.1 of the United States Sentencing Guidelines (“U.S.S.G.”), or to any other statutory or guideline calculation or adjustment predicated on such cooperation. C. Change of Plea Haring 1. The order setting the trial and pretrial dates also sets the change of plea 7 hearing date on the same day as the Trial Preparation Conference. If a notice of disposition is filed, the Change of Plea hearing will be held on the date already scheduled for the trial preparation conference (in lieu of the trial preparation conference). 2. 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. 8
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Regina M. Rodriguez STANDING ORDER REGARDING TRIAL AND PRE-TRIAL PROCEDURES (Effective December 3, 2025) It is hereby ORDERED that parties litigating before this Court must comply with following procedures for trial and for pre-trial preparations: I. PRE-TRIAL PROCEDURES A. Obtaining a Trial Date. 1. 2. 3. 4. If no party seeks to file a motion for summary judgment, Counsel shall jointly contact Chambers no later than ten (10) days after the close of discovery to obtain dates for trial and for a trial preparation conference. If summary judgment motions are filed, the parties shall jointly contact Chambers no later than thirty (30) days after the Court has issued a ruling on any summary judgment motions to obtain a trial date and a date for a trial preparation conference. The parties should contact Chambers via email. Emails to Chambers requesting trial dates shall be sent during business hours on Tuesdays and shall include in the subject line: the case name, the case number, and “REQUEST FOR TRIAL DATE.” Should the parties request a trial lasting longer than five (5) days, before a trial date can be set, counsel should be prepared to present argument to the Court as to why a trial longer than five (5) days is necessary. B. Final Pretrial Order. 1. 2. The Parties shall file via CM/ECF the Proposed Pretrial Order no later than ninety (90) days before the Trial Preparation Conference. The form to be used for the Proposed Pretrial Order can be found on the District Court’s website. C. Trial Preparation Conference. 1. 2. A trial preparation conference shall be held approximately six (6) weeks prior to trial. Not later than seven (7) days prior to the Trial Preparation Conference, after substantively and meaningfully meeting and conferring, the parties shall file via CM/ECF the following: a. Witness List. The parties shall submit a single, joint list of witnesses. It should include the proposed order of witnesses, the anticipated length of testimony, and the expertise of any testifying experts. The parties shall also advise the Court whether they intend to request that any witnesses appear by video, pursuant to RMR Standing Order Regarding Trial and Pre-Trial Procedures II.D.1. (below). The form for the Witness List is available on the Court’s website. b. c. d. Exhibit List. The parties shall submit a single, joint list of exhibits. The form for the Exhibit List is available on the Court’s website. Deposition Designations/Objections. 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. These designations shall include the cover page, the signature page, and those pages designated by the parties. Plaintiff’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. Proposed Jury Instructions. To the maximum extent possible, the parties shall agree on one stipulated set of proposed jury instructions; only true conflict or uncertainty in binding substantive law should prevent such agreement. The parties shall email Chambers a Word version of their jury instructions and verdict forms. 2 i. ii. iii. iv. For claims arising under Colorado state substantive law, the Court prefers to use the Colorado Jury Instructions – Civil. For employment claims arising under federal law, the Court prefers to use the Faculty of Federal Advocates Model Employment Law Jury Instructions. For other claims arising under federal law, the Court prefers to use the Federal Jury Practice and Instructions – Civil. If counsel propose that the Court give an instruction other than the instruction that is provided in the applicable form jury instructions, counsel must provide the proposed version and highlight or redline any language which differs from the applicable form jury instruction. In addition, counsel must identify any case law and quote the specific portion of the case allowing for the proposed alteration or difference from the applicable form jury instruction. Where disputes exist—e.g., where a proposed instruction is a “Competing” or “Non-Stipulated” instruction—each disputed instruction should contain, at the bottom of the instruction, a brief statement describing the dispute, identifying any supporting case law, and quoting the specific portion of the case supporting the parties’ respective position(s). (A) (B) “Competing” those instructions instructions about which all parties agree that an instruction is necessary but disagree about the content of that instruction. are instructions are “Non-Stipulated” those instructions requested by a party to which any other not does objects request/tender a competing instruction. party but the bottom of each proposed It is helpful to the Court for the parties to provide a label at instruction (immediately preceding the legal authority), identifying the proposed instruction as “Stipulated,” “Competing,” or “Non-Stipulated,” and, in the case of Competing or Non-Stipulated instructions, to also identify the party tendering the instruction (e.g., “Plaintiff’s Competing Instruction,” “Defendant’s Non-Stipulated Instruction”). 3 v. It is also helpful for the Court to have an appendix, in chart form, of the disputed instructions that includes the following columns: (a) disputed instruction number, (b) the language of Plaintiff’s proposed instruction, and (c) the language of Defendant’s proposed instruction. e. f. Proposed Verdict Forms. Proposed Voir Dire. Counsel should jointly file via CM/ECF any proposed voir dire questions they are specifically requesting the Court to ask the jury panel. The Court will generally allow each party 15 minutes to conduct their own voir dire. The parties need not propose to the Court any voir dire questions that they intend to ask themselves. The Court also has stock questions it will ask. The parties may obtain a copy of the Court’s stock questions from the Courtroom Deputy, Kally Myhaver, [email protected]. II. TRIAL PROCEDURES A. Trial Briefs. Trial briefs are permitted, but they are not required absent specific order. If filed, trial briefs shall not exceed ten (10) pages and shall be filed no later than five (5) business days before trial. Please flag evidentiary issues in a trial brief rather than by motion in limine. However, a trial brief may not be used as a belated substitute for a motion that must be filed as a motion. B. Before a trial commences, each party shall submit to the Courtroom Deputy three paper copies each of the Witness List and Exhibit List. C. Exhibits. 1. 2. Each party must pre-mark all exhibits that will be used or identified for the record in a trial. The case number shall appear on each exhibit sticker or label. Whenever possible, each party must provide a copy of each exhibit to opposing counsel or any pro se party before a trial, pursuant to the Pretrial Order. Exhibits not timely pre-marked or exchanged before a trial may not be admitted. 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 (2) business days before commencement of a trial. If exhibits are not bound and labeled properly, the trial may be delayed or continued until they are. 4 3. Number of Exhibits. Separate sets of bound exhibits shall be brought for (1) the Court and (2) the witness stand. In addition, a third electronic copy should be brought to the Court via a thumb drive. D. Testimony by Telephone or Video Conference. 1. 2. 3. A party may request that testimony be presented by telephone or video conference at a trial. The Court will generally be amenable to allowing video testimony. 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 seven (7) days before the trial at which testimony is proposed to be taken by telephone or video conference. Please refer to the Cisco Meeting App Tips and Instructions for the use of telephone or video conference technology. Technology. Pursuant to Civ. Practice Standard 43.1A(e), 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. For information about courtroom technology and trial preparation, please contact the Courtroom Deputy, Kally Myhaver, [email protected]. DATED: December 3, 2025 BY THE COURT: _____________________________ REGINA M. RODRIGUEZ United States District Judge 5 III. TABLE OF PRETRIAL/TRIAL DEADLINES Note: This table is provided for the convenience of the parties appearing before Judge Rodriguez. It does not include all the dates and deadlines listed within the Court’s Civil Practice Standards and Standing Orders and is not a substitute for knowledge of and familiarity with those texts. Deadline Days Prior to/After Reference to Applicable Practice Standard/Standing Order/Rule After the Defendant’s Submission of a Responsive Pleading or Motion 30 days Civ. Practice Standard 26.1A(c) For employment cases which challenge one or more employment actions alleged to be adverse, except the employment actions listed in Civ. Practice Standard 26.1A(b): The parties shall provide to one another the documents and information described in the Initial Discovery Protocols, located on the District Court’s website, for the relevant time period. After the Deadline for the Disclosure of Rebuttal Witnesses 30 days Civ. Practice Standard 7.1C(a). File motions pursuant to Federal Rule of Evidence 702, 703 and any motion to strike an expert on the basis of discovery violations. After the Close of Discovery For cases, not including Social Security cases, in 10 days RMR Standing Order Regarding Rule 56 Motions II.A., III.A. 6 which there is no pro se party: Notify the Court of intent to file motions pursuant to Fed. R. Civ. P. 56. Where the parties do not intend to file motions pursuant to Fed. R. Civ. P. 56: During business hours on a Tuesday, contact Chambers to obtain a trial date. 10 days RMR Standing Order Regarding Trial and Pre- Trial Procedures I.A.1., I.A.3. File a Status Report regarding settlement discussions. 14 days Civ. Practice Standard 16.6(a). Prior to the Rule 56 Pre-Motion Conference File the parties’ joint chart of facts pertinent to any proposed motion pursuant to Fed. R. Civ. P. 56. 3 business days RMR Standing Order Regarding Rule 56 Motions IV.A. After a Ruling on Rule 56 Motions During business hours on a Tuesday, contact Chambers to obtain a trial date. 30 days RMR Standing Order Regarding Trial and Pre- Trial Procedures I.A.2.–3. Prior to the Trial Preparation Conference File the Proposed Pretrial Order. 90 days More than 7 days Substantively meet and confer regarding: 1. Witness List 2. Exhibit List 3. Deposition Designations/Objections 7 RMR Standing Order Regarding Trial and Pre- Trial Procedures I.B.1. RMR Standing Order Regarding Trial and Pre- Trial Procedures I.C.2. 4. Proposed Jury Instructions 5. Proposed Verdict Forms 6. Proposed Voir Dire File: 1. Witness List 2. Exhibit List 3. Deposition Designations/Objections 4. Proposed Jury Instructions 5. Proposed Verdict Forms 6. Proposed Voir Dire 7 days RMR Standing Order Regarding Trial and Pre- Trial Procedures I.C.2. Prior to Trial Provide to opposing counsel or any pro se party a copy of each exhibit. 30 days Request daily transcripts from the Court Reporter. 30 days File a motion requesting the presentation of testimony by telephone or video conference. 7 days Request realtime transcripts from the Court Reporter. 7 days File any trial briefs. 5 business days 5 business days File a glossary of any difficult, unusual, scientific, technical, and/or medical jargon, words, names, terms, and/or phrases. 8 RMR Standing Order Regarding Trial and Pre- Trial Procedures II.C.1; Form Proposed Final Pretrial Order and Instructions (found on the District Court’s website). Civ. Practice Standard 43.1A(c)(2). RMR Standing Order Regarding Trial and Pre- Trial Procedures II.D.1. Civ. Practice Standard 43.1A(c)(2). RMR Standing Order Regarding Trial and Pre- Trial Procedures II.B. Civ. Practice Standard 43.1A(d)(1). Deliver exhibit notebooks to Chambers by 9:00 a.m. 2 business days Morning of the first day of trial RMR Standing Order Regarding Trial and Pre- Trial Procedures II.C.2. RMR Standing Order Regarding Trial and Pre- Trial Procedures II.B. Submit to the Courtroom Deputy three paper copies each of the: 1. Witness List 2. Exhibit List Submit three paper copies of the Glossary to the Courtroom Deputy, and submit additional paper copies of the Glossary to opposing counsel and any pro se party. Morning of the first day of trial Civ. Practice Standard 43.1A(d)(2). 9
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Regina M. Rodriguez STANDING ORDER REGARDING TRIAL AND PRE-TRIAL PROCEDURES (Effective December 31, 20252) It is hereby ORDERED that parties litigating before this Court must comply with following procedures for trial and for pre-trial preparations: I. PRE-TRIAL PROCEDURES A. Obtaining a Trial Date. 1. 2. 3. 4. If no party seeks to file a motion for summary judgment, Counsel shall jointly contact Chambers no later than ten (10) days after the close of discovery to obtain dates for trial and for a trial preparation conference. If summary judgment motions are filed, the parties shall jointly contact Chambers no later than thirty (30) days after the Court has issued a ruling on any summary judgment motions to obtain a trial date and a date for a trial preparation conference. The parties should contact Chambers via email. Emails to Chambers requesting trial dates shall be sent during business hours on Tuesdays and shall include in the subject line: the case name, the case number, and “REQUEST FOR TRIAL DATE.” Should the parties request a trial lasting longer than five (5) days, before a trial date can be set, counsel should be prepared to present argument to the Court as to why a trial longer than five (5) days is necessary. B. Final Pretrial Order. 1. 2. The Parties shall file via CM/ECF the Proposed Pretrial Order no later than ninety (90) days before the Trial Preparation Conference. The form to be used for the Proposed Pretrial Order can be found on the District Court’s website. C. Trial Preparation Conference. 1. 2. A trial preparation conference shall be held approximately six (6) weeks prior to trial. Not later than seven (7) days prior to the Trial Preparation Conference, after substantively and meaningfully meeting and conferring, the parties shall file via CM/ECF the following: a. b. c. d. Witness List. The parties shall submit a single, joint list of witnesses. It should include the proposed order of witnesses, the anticipated length of testimony, and the expertise of any testifying experts. The parties shall also advise the Court whether they intend to request that any witnesses appear by video, pursuant to RMR Standing Order Regarding Trial and Pre-Trial Procedures II.D.1. (below). The form for the Witness List is available on the Court’s website. Exhibit List. The parties shall submit a single, joint list of exhibits. The form for the Exhibit List is available on the Court’s website. Deposition Designations/Objections. 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. These designations shall include the cover page, the signature page, and those pages designated by the parties. Plaintiff’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. Proposed Jury Instructions. To the maximum extent possible, the parties shall agree on one stipulated set of proposed jury instructions; only true conflict or uncertainty in binding substantive law should prevent such agreement. The parties shall email Chambers a Word version of their jury instructions and verdict forms. 2 i. ii. iii. iv. For claims arising under Colorado state substantive law, the Court prefers to use the Colorado Jury Instructions – Civil. For employment claims arising under federal law, the Court prefers to use the Faculty of Federal Advocates Model Employment Law Jury Instructions. For other claims arising under federal law, the Court prefers to use the Federal Jury Practice and Instructions – Civil. If counsel propose that the Court give an instruction other than the instruction that is provided in the applicable form jury instructions, counsel must provide the proposed version and highlight or redline any language which differs from the applicable form jury instruction. In addition, counsel must identify any case law and quote the specific portion of the case allowing for the proposed alteration or difference from the applicable form jury instruction. Where disputes exist—e.g., where a proposed instruction is a “Competing” or “Non-Stipulated” instruction—each disputed instruction should contain, at the bottom of the instruction, a brief statement describing the dispute, identifying any supporting case law, and quoting the specific portion of the case supporting the parties’ respective position(s). (A) (B) “Competing” those instructions instructions about which all parties agree that an instruction is necessary but disagree about the content of that instruction. are instructions are “Non-Stipulated” those instructions requested by a party to which any other not does request/tender a competing instruction. objects party but the bottom of each proposed It is helpful to the Court for the parties to provide a label at instruction (immediately preceding the legal authority), identifying the proposed instruction as “Stipulated,” “Competing,” or “Non-Stipulated,” and, in the case of Competing or Non-Stipulated instructions, to also identify the party tendering the instruction (e.g., “Plaintiff’s Competing Instruction,” “Defendant’s Non-Stipulated Instruction”). 3 v. It is also helpful for the Court to have an appendix, in chart form, of the disputed instructions that includes the following columns: (a) disputed instruction number, (b) the language of Plaintiff’s proposed instruction, and (c) the language of Defendant’s proposed instruction. e. f. Proposed Verdict Forms. Proposed Voir Dire. Counsel should jointly file via CM/ECF any proposed voir dire questions they are specifically requesting the Court to ask the jury panel. The Court will generally allow each party 15 minutes to conduct their own voir dire. The parties need not propose to the Court any voir dire questions that they intend to ask themselves. The Court also has stock questions it will ask. The parties may obtain a copy of the Court’s stock questions from the Courtroom Deputy, Kally Myhaver, [email protected]. II. TRIAL PROCEDURES A. Trial Briefs. Trial briefs are permitted, but they are not required absent specific order. If filed, trial briefs shall not exceed ten (10) pages and shall be filed no later than five (5) business days before trial. Please flag evidentiary issues in a trial brief rather than by motion in limine. However, a trial brief may not be used as a belated substitute for a motion that must be filed as a motion. B. Before a trial commences, each party shall submit to the Courtroom Deputy three paper copies each of the Witness List and Exhibit List. C. Exhibits. 1. 2. Each party must pre-mark all exhibits that will be used or identified for the record in a trial. The case number shall appear on each exhibit sticker or label. Whenever possible, each party must provide a copy of each exhibit to opposing counsel or any pro se party before a trial, pursuant to the Pretrial Order. Exhibits not timely pre-marked or exchanged before a trial may not be admitted. 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 (2) business days before commencement of a trial. If exhibits are not bound and labeled properly, the trial may be delayed or continued until they are. 4 3. Number of Exhibits. Separate sets of bound exhibits shall be brought for (1) the Court and (2) the witness stand. In addition, a third electronic copy should be brought to the Court via a thumb drive. D. Testimony by Telephone or Video Conference. 1. 2. 3. A party may request that testimony be presented by telephone or video conference at a trial. The Court will generally be amenable to allowing video testimony. 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 seven (7) days before the trial at which testimony is proposed to be taken by telephone or video conference. Please refer to the Cisco Meeting App Tips and Instructions for the use of telephone or video conference technology. Technology. Pursuant to Civ. Practice Standard 43.1A(e), 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. For information about courtroom technology and trial preparation, please contact the Courtroom Deputy, Kally Myhaver, [email protected]. DATED: December 31, 20225 BY THE COURT: _____________________________ REGINA M. RODRIGUEZ United States District Judge 5 III. TABLE OF PRETRIAL/TRIAL DEADLINES Note: This table is provided for the convenience of the parties appearing before Judge Rodriguez. It does not include all the dates and deadlines listed within the Court’s Civil Practice Standards and Standing Orders and is not a substitute for knowledge of and familiarity with those texts. Deadline Days Prior to/After Reference to Applicable Practice Standard/Standing Order/Rule After the Defendant’s Submission of a Responsive Pleading or Motion 30 days Civ. Practice Standard 26.1A(c) For employment cases which challenge one or more employment actions alleged to be adverse, except the employment actions listed in Civ. Practice Standard 26.1A(b): The parties shall provide to one another the documents and information described in the Initial Discovery Protocols, located on the District Court’s website, for the relevant time period. After the Deadline for the Disclosure of Rebuttal Witnesses 30 days Civ. Practice Standard 7.1C(a). File motions pursuant to Federal Rule of Evidence 702, 703 and any motion to strike an expert on the basis of discovery violations. After the Close of Discovery For cases, not including Social Security cases, in 10 days RMR Standing Order Regarding Rule 56 Motions II.A., III.A. 6 which there is no pro se party: Notify the Court of intent to file motions pursuant to Fed. R. Civ. P. 56. Where the parties do not intend to file motions pursuant to Fed. R. Civ. P. 56: During business hours on a Tuesday, contact Chambers to obtain a trial date. 10 days RMR Standing Order Regarding Trial and Pre- Trial Procedures I.A.1., I.A.3. File a Status Report regarding settlement discussions. 14 days Civ. Practice Standard 16.6(a). Prior to the Rule 56 Pre-Motion ConferenceHearing File the parties’ joint chart of facts pertinent to any proposed motion pursuant to Fed. R. Civ. P. 56. 3 business days RMR Standing Order Regarding Rule 56 Motions IV.A. After a Ruling on Rule 56 Motions During business hours on a Tuesday, contact Chambers to obtain a trial date. 30 days RMR Standing Order Regarding Trial and Pre- Trial Procedures I.A.2.–3. Prior to the Trial Preparation Conference File the Proposed Pretrial Order. 90 days More than 7 days Substantively meet and confer regarding: 1. Witness List 2. Exhibit List 3. Deposition Designations/Objections 7 RMR Standing Order Regarding Trial and Pre- Trial Procedures I.B.1. RMR Standing Order Regarding Trial and Pre- Trial Procedures I.C.2. 4. Proposed Jury Instructions 5. Proposed Verdict Forms 6. Proposed Voir Dire File: 1. Witness List 2. Exhibit List 3. Deposition Designations/Objections 4. Proposed Jury Instructions 5. Proposed Verdict Forms 6. Proposed Voir Dire 7 days RMR Standing Order Regarding Trial and Pre- Trial Procedures I.C.2. Prior to Trial Provide to opposing counsel or any pro se party a copy of each exhibit. 30 days Request daily transcripts from the Court Reporter. 30 days File a motion requesting the presentation of testimony by telephone or video conference. 7 days Request realtime transcripts from the Court Reporter. 7 days File any trial briefs. 5 business days 5 business days File a glossary of any difficult, unusual, scientific, technical, and/or medical jargon, words, names, terms, and/or phrases. 8 RMR Standing Order Regarding Trial and Pre- Trial Procedures II.C.1; Form Proposed Final Pretrial Order and Instructions (found on the District Court’s website). Civ. Practice Standard 43.1A(c)(2). RMR Standing Order Regarding Trial and Pre- Trial Procedures II.D.1. Civ. Practice Standard 43.1A(c)(2). RMR Standing Order Regarding Trial and Pre- Trial Procedures II.B. Civ. Practice Standard 43.1A(d)(1). Deliver exhibit notebooks to Chambers by 9:00 a.m. 2 business days Morning of the first day of trial RMR Standing Order Regarding Trial and Pre- Trial Procedures II.C.2. RMR Standing Order Regarding Trial and Pre- Trial Procedures II.B. Submit to the Courtroom Deputy three paper copies each of the: 1. Witness List 2. Exhibit List Submit three paper copies of the Glossary to the Courtroom Deputy, and submit additional paper copies of the Glossary to opposing counsel and any pro se party. Morning of the first day of trial Civ. Practice Standard 43.1A(d)(2). 9
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Regina M. Rodriguez STANDING ORDER REGARDING RULE 56 MOTIONS (Effective December 1, 2022; Updated July 7, 2025) To facilitate meaningful discussions among the parties prior to the dispositive motion stage, it is hereby ORDERED that parties litigating before this Court must comply with certain prerequisites for filing summary judgment motions: I. PURPOSE A. B. Motions for summary judgment are appropriate when there is “no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56. All too often, litigants in federal court ignore this threshold requirement and file motions for summary judgment as a matter of course. Summary judgment motions can be a valuable tool for narrowing or resolving issues in a case, but where there are obvious disputes as to material facts, summary judgment motions merely burden the Courts and impose unnecessary costs on the parties. Determining whether there are disputes as to material facts is an important step in the litigation process, and it requires the parties to meaningfully meet and confer. A meaningful conferral should enable the parties to identify (a) what facts are material and (b) whether those facts are in dispute. II. APPLICABILITY A. This Standing Order Regarding Rule 56 Motions shall apply to all civil actions except: 1. 2. Social Security actions. Actions with pro se parties: In actions where one or more party is unrepresented, the parties should address the dispositive motions deadline during the scheduling conference. III. NOTICE TO CHAMBERS A. No later than ten (10) days after the close of discovery, a party seeking to file a motion for summary judgment must email Chambers, copying opposing counsel, to inform the Court of their intent to file such motion. B. Upon receipt of such notice, the Court will schedule a conference with the parties to discuss the material facts and to determine whether there are disputes of any material facts. IV. CONFERENCE REQUIREMENTS A. B. C. No later than three (3) business days prior to the conference, the Parties shall jointly file via CM/ECF a chart of undisputed material facts. This will require the parties to substantively meet and confer. It is insufficient for the parties to simply exchange their version of the chart. The parties are expected to allow sufficient time to exchange and substantively discuss the chart prior to submission to the Court. The form for the chart that the parties should use to submit their statement of material facts can be found on the Court’s website. This chart is intended to provide the parties and the Court with an easy way of determining whether there are disputes as to material facts, and to therefore guide the parties as they consider the propriety of potential motions for summary judgment. The chart is not intended to provide a forum for the parties to set forth legal arguments; it is merely a tool for establishing those facts that are, in fact, undisputed. For each claim on which the proposed movant seeks summary judgment, they should identify the undisputed material facts that support their claim. Each fact must be supported by specific citations to supporting evidence. 1. 2. 3. 4. Whether something is a fact is a simple inquiry, but it is one that is occasionally overlooked in the throes of zealous advocacy. When drafting motions for summary judgment, the parties should ensure that their alleged “facts” are actually facts. As an aid the parties, the Court has provided a table at the end of this Standing Order with examples of statements that the Court would and would not recognize as “facts.” When a party alleges a purportedly undisputed fact, they must cite to evidence supporting that fact. The citation must be clear and specific—do not cite to an entire deposition transcript or to a multi- page document. Provide a page and/or line number. Parties need not file exhibits with the chart. Citations to relevant documents within the chart are sufficient. 2 D. If the nonmovant disputes a particular fact, they shall identify the evidence that contradicts the purported fact. Any statement contradicting a movant’s statement of undisputed facts must be supported by specific citations to supporting evidence. 1. 2. 3. When a fact is supported by evidence, the non-movant should not dispute that fact unless the nonmovant can point to contradictory evidence. A fact is not disputed merely because the parties disagree as to the inference to be drawn from that fact. A party disputing a purported fact must point to specific evidence that contradicts that purported fact. The citation must be clear and specific—do not cite to an entire deposition transcript or to a multi- page document. Provide a page and/or line number. The parties shall state whether they agree that the fact in question is material. The entries in this chart should be simple and straightforward. The parties should meet and confer meaningfully prior to filing the chart of undisputed material facts. A fact is not disputed merely because a party disputes the implication or import of that fact. Where a party disputes a fact, the party should succinctly identify the contradictory evidence. The chart of undisputed material facts is not an opportunity for the parties to provide legal argument. The parties will be given an opportunity at the conference to discuss their positions. At or after the conference, the Court will consider the issues raised and will set a briefing schedule. The Court will not preclude a party from filing a motion for summary judgment, but the Court will make suggestions regarding issues based on the facts identified during the conference. E. F. G. H. I. Motions for summary judgment filed without adhering to these procedures may be stricken for noncompliance. 3 V. EARLY MOTIONS FOR SUMMARY JUDGMENT A. No party shall file an early motion for summary judgment without first obtaining leave of the Judge or Magistrate Judge. DATED: July 7, 2025 BY THE COURT: _____________________________ REGINA M. RODRIGUEZ United States District Judge 4 VI. TABLE OF EXAMPLE STATEMENTS Note: This table is provided for the convenience and aid of the parties appearing before Judge Rodriguez. It contains examples of statements that the Court would and would not recognize as “facts.” FACT “The Plaintiff was 60 years old on the date of his termination” is a fact. “The Plaintiff was replaced by someone nine years his junior” is a fact. “There were no formal complaints filed against the Plaintiff during his tenure with the company” is a fact. “Defendant re-reviewed the policy after a third party approached it with questions” is a fact. than one minor error due NOT A FACT “The Plaintiff was fired because he was 60 years old” is not a fact. “The Defendant worked for months to ‘manage out’ the Plaintiff so that he could replace him with someone nine years his junior” is not a fact. to “Other ambiguous the Plaintiff instructions, performed his job appropriately and his decisions were well-reasoned and well- supported” is not a fact. “Defendant’s decision to take a second look at the policy after receiving additional information was not an error or mistake, and Defendant’s offer to rewrite the policy was reasonable and appropriate” is not a fact. 5 VII. EXAMPLE CHART OF UNDISPUTED FACTS [Party’s] Motion for Summary Judgment on [Party’s] Claim # ____ Movant’s purported undisputed material fact (with citations) Non-movant’s response (with citations) Do the parties agree that the purported fact is material? The Plaintiff’s employment began on June 15, 2018. BATES004298. The Plaintiff was terminated on June 30, 2020. BATES004214. Undisputed. Agree. Undisputed. Agree. Defendant Doe made the decision to terminate the Plaintiff. Disputed. The superintendent Mr. Smith, not Defendant Doe, made the decision to terminate the Plaintiff. Agree. BATES005732; Doe Dep. Tr. 10:22–11:1. BATES006873; Smith Dep. Tr. 51:15–24. One month prior to the Plaintiff’s termination, the Plaintiff filed a complaint about Defendant Doe’s allegedly discriminatory statements to the Plaintiff and other employees. BATES001301. Undisputed. Agree. Defendant Doe’s employment records state that, in 2019, he was investigated for “potential misuse of the company credit card.” Undisputed. BATES006832. Disagree. 7
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PILOT PROJECT REGARDING INITIAL DISCOVERY PROTOCOLS FOR EMPLOYMENT CASES ALLEGING ADVERSE ACTION November 2011 The Federal Judicial Center is making this document available at the request of the Advisory Committee on Civil Rules, in furtherance of the Center's statutory mission to conduct and stimulate research and development for the improvement of judicial administration. While the Center regards the contents as responsible and valuable, it does not reflect policy or recommendations of the Board of the Federal Judicial Center. INTRODUCTION The Initial Discovery Protocols for Employment Cases Alleging Adverse Action provide a new pretrial procedure for certain types of federal employment cases. As described in the Protocols, their intent is to "encourage parties and their counsel to exchange the most relevant information and documents early in the case, to assist in framing the issues to be resolved and to plan for more efficient and targeted discovery." Individual judges throughout the United States District Courts will pilot test the Protocols and the Federal Judicial Center will evaluate their effects. This project grew out of the 2010 Conference on Civil Litigation at Duke University, sponsored by the Judicial Conference Advisory Committee on Civil Rules for the purpose of re-examining civil procedures and collecting recommendations for their improvement. During the conference. a wide range of attendees expressed support for the idea of case-type-specific "pattern discovery" as a possible solution to the problems of unnecessary cost and delay in the litigation process. They also arrived at a consensus that employment cases, "regularly litigated and [presenting] recurring issues,,,j would be a good area for experimentation with the concept. Following the conference, Judge Lee Rosenthal convened a nationwide committee of attorneys, highly experienced in employment matters, to develop a pilot project in this area. Judge John Koeltl volunteered to lead this committee. By design, the committee had a balance of plaintiff Joseph Garrison 2 (New Haven, Connecticut) chaired a plaintiff and defense attorneys. subcommittee, and Chris Kitchel 3 (Portland, Oregon) chaired a defense subcommittee. The committee invited the Institute for the Advancement of the American Legal System at the University of Denver (lAALS) to facilitate the process. 1 Civil Rules Advisory Committee, Report to the Standing Committee, 10 (May 17,2010). 2 Mr. Garrison was a panelist at the Duke Conference. He also wrote and submitted a conference paper, entitled A Proposal to Implement a Cost-Effective and Efficient Procedural Tool Info Federal Litigation Practice, which advocated for the adoption of model or pattern discovery tools for "categories of cases which routinely appear in the federal courts" and suggested the appointment of a task force to bring the idea to fruition. J Ms. Kitchel serves on the American College of Trial Lawyers Task Force on Discovery and Civil Justice, which produced the Final Report on the Joint Project a/the American College a/Trial Lawyers Task Force on Discovery and the Institute/or the Advancement o/the American Legal System, 268 F.R.D. 407 (2009). As a result of her role on the ACTL Task Force, Ms. Kitchel had already begun discussing possibilities for improving employment litigation with Judge Rosenthal when she attended the Duke Conference. I The group worked diligently over the course of one year. Committee members met at IAALS for valuable in-person discussions in March and July of2011. Judge Koeltl was in attendance as well, to oversee the process and assist in achieving workable consensus. In addition, committee members exchanged hundreds of emails, held frequent telephone conferences, and prepared numerous drafts. The committee's final product is the result of rigorous debate and compromise on both sides, undertaken in the spirit of making constructive and even-handed improvements to the pretrial process. The Protocols create a new category of information exchange, replacing initial disclosures with initial discovery specific to employment cases alleging adverse action. This discovery is provided automatically by both sides within 30 days of the defendant's responsive pleading or motion. While the parties' subsequent right to discovery under the F.R.C.P. is not affected, the amount and type of information initially exchanged ought to focus the disputed issues, streamline the discovery process, and minimize opportunities for gamesmanship. The Protocols are accompanied by a standing order for their implementation by individual judges in the pilot project, as well as a model protective order that the attorneys and the judge can use a basis for discussion. The Federal Judicial Center will establish a framework for effectively measuring the results of this pilot project. 4 If the new process ultimately benefits litigants, it is a model that can be used to develop protocols for other types of cases. Please note: Judges adopting the protocols for use in cases before them should inform FJC senior researcher Emery Lee, [email protected], so that their cases may be included in the evaluation. 4 Civil Rules Advisory Committee, Draft Minutes of April 2011 Meeting, 43 (June 8, 2011). 2 INITIAL DISCOVERY PROTOCOLS FOR EMPLOYMENT CASES ALLEGING ADVERSE ACTION PART 1: INTRODUCTION AND DEFINITIONS. (1) Statement of purpose. a. The Initial Discovery Protocols for Employment Cases Alleging Adverse Action is a proposal designed to be implemented as a pilot project by individual judges throughout the United States District Courts. The project and the product are endorsed by the Civil Rules Advisory Committee. b. In participating courts, the Initial Discovery Protocols will be implemented by standing order and will apply to all employment cases that challenge one or more actions alleged to be adverse, except: I. Class actions; ii. Cases in which the allegations involve only the following: I. Discrimination in hiring; 2. Harassment/hostile work environment; 3. Violations of wage and hour laws under the Fair Labor Standards Act (FLSA); 4. Failure to provide reasonable accommodations under the Americans with Disabilities Act (ADA); 5. Violations of the Family Medical Leave Act (FMLA); 6. Violations of the Employee Retirement Income Security Act (ERISA). If any party believes that there is good cause why a particular case should be exempted, in whole or in part, from this pilot program, that party may raise such reason with the Court. c. The Initial Discovery Protocols are not intended to preclude or to modifY the rights of any party for discovery as provided by the Federal Rules of Civil Procedure (F.R.C.P.) and other applicable local rules, but they are intended to supersede the parties' obligations to make initial disclosures pursuant to F.R.C.P. 26(a)(I). The purpose of the pilot project is to encourage parties and their counsel to exchange the most relevant information and documents early in the case, to assist in framing the issues to be resolved and to plan for more efficient and targeted discovery. 4 d. The Initial Discovery Protocols were prepared by a group of highly experienced attorneys from across the country who regularly represent plaintiffs and/or defendants in employment matters. The information and documents identified are those most likely to be requested automatically by experienced counsel in any similar case. They are unlike initial disclosures pursuant to F.R.C.P. 26(a)(I) because they focus on the type of information most likely to be useful in narrowing the issues for employment discrimination cases. (2) Definitions. The following definitions apply to cases proceeding under the Initial Discovery Protocols. a. Concerning. The term "concerning" means referring to, describing, evidencing, or constituting. b. Document. The terms "document" and "documents" are defined to be synonymous in meaning and equal in scope to the terms "documents" and "electronically stored information" as used in F.R.C.P. 34(a). c. Identify (Documents). When referring to documents, to "identify" means to give, to the extent known: (i) the type of document; (ii) the general subject matter of the document; (iii) the date of the document; (iv) the author(s), according to the document; and (v) the person(s) to whom, according to the document, the document (or a copy) was to have been sent; or, alternatively, to produce the document. d. Identify (Persons). When referring to natural persons, to "identify" means to give the person's: (i) full name; (ii) present or last known address and telephone number; (iii) present or last known place of employment; (iv) present or last known job title; and (v) relationship, if any, to the plaintiff or defendant. Once a person has been identified in accordance with this subparagraph, only the name of that person need be listed in response to subsequent discovery requesting the identification of that person. (3) Instructions. a. For this Initial Discovery, the relevant time period begins three years before the date of the adverse action, unless otherwise specified. b. This Initial Discovery is not subject to objections except upon the grounds set 5 forth in F.R.C.P. 26(b)(2)(B). c. If a partial or incomplete answer or production is provided, the responding party shall state the reason that the answer or production is partial or incomplete. d. This Initial Discovery is subject to F.R.C.P. 26(e) regarding supplementation and F.R.C.P. 26(g) regarding certification of responses. e. This Initial Discovery is subject to F.R.C.P. 34(b)(2)(E) regarding form of production. PART 2: PRODUCTION BY PLAINTIFF. (1) Timing. a. The plaintiffs Initial Discovery shall be provided within 30 days after the defendant has submitted a responsive pleading or motion, unless the court rules otherwise. (2) Documents that Plaintiff must produce to Defendant. a. All communications concerning the factual allegations or claims at issue in this lawsuit between the plaintiff and the defendant. b. Claims, lawsuits, administrative charges, and complaints by the plaintiff that rely upon any of the same factual allegations or claims as those at issue in this lawsuit. c. Documents concerning the formation and termination, if any, of the employment relationship at issue in this lawsuit, irrespective of the relevant time period. d. Documents concerning the terms and conditions of the employment relationship at issue in this lawsuit. e. Diary, journal, and calendar entries maintained by the plaintiff concerning the factual allegations or claims at issue in this lawsuit. f. The plaintiffs current resume(s). g. Documents in the possession of the plaintiff concerning claims for unemployment benefits, unless production is prohibited by applicable law. h. Documents concerning: (i) communications with potential employers; (ii) job search efforts; and (iii) offer(s) of employment, job description(s), and income 6 and benefits of subsequent employment. The defendant shall not contact or subpoena a prospective or current employer to discover information about the plaintiffs claims without first providing the plaintiff30 days notice and an opportunity to file a motion for a protective order or a motion to quash such subpoena. If such a motion is filed, contact will not be initiated or the subpoena will not be served until the motion is ruled upon. i. Documents concerning the termination of any subsequent employment. j. Any other document(s) upon which the plaintiff relies to support the plaintiffs claims. (3) Information that Plaintiff must produce to Defendant. a. Identify persons the plaintiff believes to have knowledge of the facts concerning the claims or defenses at issue in this lawsuit, and a brief description of that knowledge. b. Describe the categories of damages the plaintiff claims. c. State whether the plaintiff has applied for disability benefits and/or social security disability benefits after the adverse action, whether any application has been granted, and the nature of the award, if any. Identify any document concerning any such application. PART 3: PRODUCTION BY DEFENDANT. (1) Timing. a. The defendant's Initial Discovery shall be provided within 30 days after the defendant has submitted a responsive pleading or motion, unless the court rules otherwise. (2) Documents that Defendant must produce to Plaintiff. a. All communications concerning the factual allegations or claims at issue in this lawsuit among or between: I. The plaintiff and the defendant; ii. The plaintiffs manager(s), and/or supervisor(s), and/or the defendant's human resources representative(s). 7 b. Responses to claims, lawsuits, administrative charges, and complaints by the plaintiff that rely upon any ofthe same factual allegations or claims as those at issue in this lawsuit. c. Documents concerning the formation and termination, if any, of the employment relationship at issue in this lawsuit, irrespective of the relevant time period. d. The plaintiffs personnel file, in any form, maintained by the defendant, including files concerning the plaintiff maintained by the plaintiffs supervisor(s), manager(s), or the defendant's human resources representative(s), irrespective of the relevant time period. e. The plaintiffs performance evaluations and formal discipline. f. Documents relied upon to make the employment decision(s) at issue in this lawsuit. g. Workplace policies or guidelines relevant to the adverse action in effect at the time of the adverse action. Depending upon the case, those may include policies or guidelines that address: I. Discipline; II. Termination of employment; iii. Promotion; IV. Discrimination; v. Performance reviews or evaluations; VI. Misconduct; VII. Retaliation; and viii. Nature of the employment relationship. h. The table of contents and index of any employee handbook, code of conduct, or policies and procedures manual in effect at the time ofthe adverse action. i. Job description(s) for the position(s) that the plaintiff held. j. Documents showing the plaintiffs compensation and benefits. Those normally include retirement plan benefits, fringe benefits, employee benefit summary plan descriptions, and summaries of compensation. k. Agreements between the plaintiff and the defendant to waive jury trial rights or to arbitrate disputes. I. Documents concerning investigation(s) of any complaint(s) about the plaintiff or made by the plaintiff, if relevant to the plaintiffs factual allegations or claims at issue in this lawsuit and not otherwise privileged. 8 m. Documents in the possession of the defendant and/or the defendant's agent(s) concerning claims for unemployment benefits unless production is prohibited by applicable law. n. Any other document(s) upon which the defendant relies to support the defenses, affirmative defenses, and counterclaims, including any other document(s) describing the reasons for the adverse action. (3) Information that Defendant must produce to Plaintiff. a. Identify the plaintiff's supervisor(s) and/or manager(s). b. c. Identify person(s) presently known to the defendant who were involved in making the decision to take the adverse action. Identify persons the defendant believes to have knowledge of the facts concerning the claims or defenses at issue in this lawsuit, and a brief description of that knowledge. d. State whether the plaintiff has applied for disability benefits and/or social security disability benefits after the adverse action. State whether the defendant has provided information to any third party concerning the application(s). Identify any documents concerning any such application or any such information provided to a third party. 9
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Cisco Meeting App Tips General Information 1) Test the relevant CMA address (see instructions) and your internet connection prior to the Video Teleconference (VTC) hearing. 2) Do not attend the VTC by clicking on the link to join via video, and then also call the audio number. The dial-in audio number is needed only if you cannot attend via video and will be actively participating/speaking. 3) When landing on the screen that tests the camera and microphone, test them. Ensure microphone is at a reasonable level before joining the meeting. 4) Mute once inside the meeting and others acknowledge that they can hear you. Stay muted until you need to speak. 5) Join the VTC at least 15 minutes prior to ensure you have a good connection, even if it was tested recently. 6) If using a Smartphone, do not walk around with it while on video. It is very disruptive to the other participants. Video Quality If the quality of the video is poor, it is typically a result of your internet connection: 1) If at all possible, hard wire a network cable directly into your router. 2) If that is not possible, be in a location to give yourself the strongest Wifi signal possible. 3) If at home, be the only one using the Wifi at the time of the VTC. 4) If using a Hotspot/MiFi, you will likely fall off video and be in audio-only mode. 5) If you fall off video and into audio-only mode, you must leave and rejoin the meeting to reestablish video. If you do not need to be on video, just remain on audio-only. 6) If having video issues with a strong internet connection and on Chrome, try the new Edge browser, as it has a Chromium engine.
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Cisco Meeting App Instructions Judge Rodriguez (cid:120) For Video Teleconference - From Google Chrome (recommended) on Windows, or Safari on Mac or iDevice, click on the link below to join. IMPORTANT: Contact Chambers or Courtroom Deputy prior to testing this link, as you may interrupt a scheduled setting: https://meet.uc.uscourts.gov/meeting/925037627? secret=udINeuGV0ba3DZggtrGyfQ Note: Use the default of “Continue with browser” to join the meeting. (cid:120) For Audio Only: - Phone: 5713532301, then enter 037962164# (cid:120) Once you have joined the conference either by Video or Audio, please MUTE YOUR MIC. Family Member/Public/Media “listen” to hearing: Phone: 5713532301 Access Code: 037962164#