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Hon. Robert E. Blackburn · U.S. District Court for the District of Colorado
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Our bondage to law is the price we pay for freedom. Judge Robert T. Mann PRACTICE STANDARDS CIVIL ACTIONS TO: FROM: RE: Counsel and Parties Judge Robert E. Blackburn, United States District Judge Practice Standards Civil Actions I. PURPOSE AND RELATION TO OTHER RULES A. Purpose And Authority 1. Consistent with Fed. R. Civ. P. 1, these practice standards are adopted to secure the just, speedy, and inexpensive determination of every civil action. These practice standards shall apply to all motions, petitions, applications, responses, replies, objections, orders, and all other papers filed on or after December 1, 2025, and to all hearings and trials conducted on or after December 1, 2025. They may be revised without notice and may be modified by orders entered in specific cases. 2. These practice standards have the force and effect of the orders of this court. B. Relation To Local Rules 1. These practice standards supplement, not supplant or supersede, the Local Rules of Practice of the United States District Court for the District of Colorado-Civil. C. Access To Local Rules & Practice Standards 1. Copies of the local rules are available here and from the clerk in Room A105. 2. Copies of these practice standards are available here and from the clerk in Room A105. 1 II. GENERAL PROCEDURES A. Applicable Rules 1. Those appearing in the District Court must know and follow: a. The Federal Rules of Civil Procedure; b. The Federal Rules of Evidence; c. The Local Rules of Practice of the United States District Court for the District of Colorado; d. The Electronic Case Filing Procedures; and e. These practice standards. 2. Failure to comply with the foregoing rules or procedures or the practice standards of this court may result in the imposition of appropriate sanctions, including, but not limited to, striking noncomplying papers, punishing contempt of court, vacating hearings or trials, or dismissing claims or the action. B. Communications with Chambers 1. For information about the status of a motion or document, please utilize the CM/ECF system available here, or the PACER system available here, or from the District Court’s home page (www.cod.uscourts.gov) at “PACER.” 2. For other information or assistance, please contact the Judicial Assistant of the court at 303-335-2350. C. Service by Electronic Means 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 preferably Word, using an Arial 12 point font. The e-mail message should identify the case number and document attached. 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. Citations shall be made pursuant to the most current edition of THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION. 2. 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 shall be used to identify relevant excerpts from cases, pleadings, depositions, or documents. 2 3. Whenever practicable, a citation to an unpublished opinion should include its Westlaw® citation. 4. These practice standards should be cited as REB Civ. Practice Standard, Part, Section, Subsection, Paragraph, Subparagraph, and Sub- subparagraph (e.g., REB Civ. Practice Standard V.F.3.a.1.a.). E. Typeface 1. All papers filed with the court by anyone other than a judicial officer shall be in an Arial 12 point font (exclusive of footnotes and endnotes). Noncomplying papers may be stricken. F. Continuances of Hearings and Trials 1. Motions to continue are strongly discouraged because of the adverse effects they have on case management. 2. 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(d), and United States v. West, 828 F.2d 1468, 1469-70 (10th Cir. 1987). 3. Oral or written motions to continue made at the time of a hearing or trial may not be entertained by the court. 4. Stipulations for continuance shall not be effective unless and until approved by the court. G. Motions for Extensions of Time 1. Motions for extension of time are strongly discouraged because of the adverse effects they have on case management. Thus, motions for extension of time will be granted only in rare and exceptional circumstances. 2. Motions for extension of time require a showing of good cause, which must be established with particularity. 3. The following do not constitute good cause: agreement by counsel, inconvenience to counsel or the parties; press of business; conflicts in scheduling (a fortiori, when more than one attorney has entered an appearance for a party); or practice as a sole practitioner. 4. Any motion for extension of time shall be filed no later than three (3) business days before the date the motion, response, reply, or other paper to which the extension applies is due. 3 5. This practice standard is subject to D.C.COLO.LCivR 6.1(a), which governs extension by stipulation. H. Settlement 1. Settlement discussions are encouraged at all phases of the litigation process, especially early on; however, hearings, trials, and pretrial deadlines will not be continued or vacated to facilitate settlement negotiations or alternative dispute resolution. 2. If a settlement of a contested motion or a matter to be tried to the court or to a jury is reached before the hearing or trial, please advise the court as soon as practicable via e-mail to [email protected]. III. COURTROOM PROCEDURES A. Recording of Proceedings 1. Transcripts of proceedings may be ordered from the realtime reporter assigned to the court. Requests for realtime, daily, or hourly copy must be made at least thirty (30) days before the trial or hearing. Further details can be obtained from the court. B. Exhibits 1. Each party must pre-mark all exhibits that will be used or identified for the record in a hearing or trial. Whenever possible, each party must provide a copy of each exhibit to opposing counsel or any pro se party before a hearing or before a trial pursuant to the Trial Preparation Conference Order. Exhibits not timely pre-marked or exchanged before a hearing or trial may not be admitted. Any stipulation of fact should be marked and marshaled as an exhibit. 2. The parties shall submit a single, joint list of exhibits listed numerically and consecutively using the Parties’ Joint Exhibit List form. (The form is available online here and in the clerk’s office Room A105.) a. Exhibits to which the parties have stipulated shall be listed first with the “stipulated” box checked; b. The remaining exhibits shall be listed numerically and consecutively; c. Do not mark an exhibit making reference to the party offering it, e.g., do not mark an exhibit as “Plaintiff’s Exhibit _____” or “Defendant’s 4 Exhibit _____”; and d. The case number shall appear on each exhibit sticker or label. 3. 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. 4. Number of Sets of Exhibits a. For hearings, separate sets of bound exhibits must be brought to the hearing for the court and the witness stand, and for represented parties two (2) USB drives per party containing all exhibits must be provided to the courtroom deputy clerk. b. For trials, the Trial Preparation Conference Order will specify the number of sets of exhibits. 5. 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 preferred by the court. Forms are available online here and in the clerk’s office in Room A105. C. Depositions 1. Together with Fed. R. Civ. P. 32, this practice standard governs the use of depositions in court proceedings. 2. Evidence to be presented by deposition shall be designated with specificity, i.e., by page(s) and line(s). 3. Initial designations of deposition testimony shall be made not later than forty-five (45) days before trial, and counter designations shall be made not later than thirty (30) days before trial. 4. Objections to any properly designated portion of a deposition shall be filed and determined in the time and manner prescribed by D.C.COLO.LCivR 7.1 (d), and REB Civ. Practice Standard IV.A. and B. Objections shall be presented in a table that has four columns (see sample table below): (1) item number; (2) testimony (identified with specificity, i.e., by page(s) and line(s ; (3) objection; and (4) ruling. Additionally, the portion, i.e., the relevant excerpt, of the transcript of the deposition that is the subject of an objection shall be filed with the objections. Objections may be resolved before trial to facilitate appropriate redaction. 5 Testimony Objection Ruling 5. For jury trials, parties are required to provide a person to read the deposition answers. 6. For bench trials, depositions will not be read in open court. Instead, the court will read them in chambers in any requested sequence. At the beginning of the trial, the offering party shall provide the courtroom deputy clerk with two (2) copies of the relevant deposition transcript marked as an exhibit with plaintiff’s designated portions highlighted in yellow, the defendant’s in blue, and any other party’s in green. D. Videotape Depositions 1. Together with Fed. R. Civ. P. 32, this practice standard governs the use of videotape depositions in court proceedings. 2. Evidence to be presented by deposition shall be designated with as much specificity as practicable. 3. Initial designations shall be made not later than forty-five (45) days before trial, and counter designations shall be made not later than thirty (30) days before trial. 4. Objections to any properly designated portion of a videotaped deposition shall be filed not less than fourteen (14) days before trial and marshaled in the time and manner prescribed by D.C.COLO.LCivR 7.1(d). Additionally, the portion, i.e., the relevant excerpt, of the transcript of the deposition that is the subject of an objection shall be filed with the objections. Objections shall be presented in a table that has four columns (see sample table below): (1) item number; (2) testimony (identified with specificity, i.e., by page(s) and line(s ; (3) objection; and (4) ruling. Objections may be resolved before trial to facilitate appropriate redaction. Testimony Objection Ruling Item # 1. Item # 1. E. Glossary 1. Not later than five (5) business days before commencement of a hearing, a bench trial, a jury trial, or any other proceeding, counsel and any pro 6 se party shall file and provide the court, the court reporter, the courtroom deputy clerk, opposing counsel, and any pro se party with a glossary of any difficult, unusual, scientific, technical, and/or medical jargon, words, names, terms and/or phrases. IV. MOTIONS AND OBJECTIONS PRACTICE A. Motions Not Addressed In D.C.COLO.LCivR 7.1(d) 1. Excluding motions filed under Fed. R. Civ. P. 56 or 65 or under Fed. R. Evid. 702, all motions not covered by or addressed in D.C.COLO.LCivR 7.1(d), including, but not limited to, motions presenting issues in limine or only contested issues of fact, shall be marshaled and determined in the time and manner prescribed by D.C.COLO.LCivR 7.1(d). B. Page Limitations 1. Excluding motions filed under Fed. R. Civ. P. 56 or 65, all other motions, objections (including objections to the recommendations or orders of United States Magistrate Judges), responses, and concomitant briefs shall not exceed fifteen (15) pages. If a party elects to file more than one Rule 12(b) motion, 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 and shall be considered one paper for purposes of computing page limitations. Replies shall not exceed ten (10) pages. These page limitations shall include the cover page, jurisdictional statement, statement of facts, procedural history, argument, authority, closing, signature block, and all other matters, except the 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 include the motion, cover page, jurisdictional statement, statement of facts, procedural history, argument, closing, signature block, and all other matters, except the certificate of service. If a party elects to file more than one Rule 56 motion, then the motions and response briefs shall not exceed twenty (20) pages total for all such motions (not each such motion) filed by that party. C. Untimely Or Noncomplying Motions, Objections, Responses, or Replies 1. Motions that are untimely, noncomplying, or filed without a certification when required under D.C.COLO.LCivR 7.1(a) may be denied without prejudice or stricken sua sponte. 2. Untimely or noncomplying objections, responses, or replies may be 7 denied without prejudice, stricken, or ignored. 3. A “noncomplying” motion, objection, response, or reply is a paper that does not conform in form or substance to the procedural, formatting, or technical requirements of the apposite statute, regulation, rule of civil procedure, local rule, or these practice standards. D. Responses and Replies 1. 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. E. Motions In Limine 1. Motions in limine are strongly discouraged, a fortiori, when the motion is evidence driven and cannot be resolved until evidence is presented at trial. 2. In the extremely limited circumstances in which a motion in limine is necessary to determine an issue of law, it shall be filed and determined in the time and manner prescribed by D.C.COLO.LCivR 7.1(d), and REB Civ. Practice Standard IV.B.1. 3. Evidentiary issues should be raised in a trial brief rather than by motion in limine. See REB Civ. Practice Standard V.D. 8 V. TRIALS A. Final Pretrial Conference 1. The form of Final Pretrial Order under the section titled CLAIMS AND DEFENSES shall include the following provisions: a. Any party may elect to omit a summary of the claims, counterclaims, cross-claims, defenses and affirmative defenses. If a party includes a narrative summary, it shall not exceed one page in length. b. Regardless whether a narrative summary is included, this part of the order shall include a separate enumeration of each claim, counterclaim, cross-claim, defense, and affirmative defense to be tried and identify the party with the burden of proof. If a claim, counterclaim, cross-claim, defense, or affirmative defense is asserted under state law, the parties shall designate which state’s law applies. Within each separately enumerated claim, counterclaim, cross-claim, defense, or affirmative defense, the parties shall enumerate separately each essential or material element comprising the claim or defense. If the parties disagree about the allocation of the burden of proof or the essential elements of a claim or defense, their dispute shall be noted in a footnote with citations supporting the competing positions. B. Trials To Court 1. For a trial to the court, not less than five (5) business days before trial, counsel and any pro se party shall (i) file in CM/ECF and (ii) submit by e-mail to [email protected] proposed findings of fact, conclusions of law, and orders. Counsel and any pro se party are requested to state their proposed findings of fact as nearly as possible in the same order as their anticipated order of proof at trial. Counsel and any pro se party are requested to key their closing arguments to their proposed findings of fact and conclusions of law and to emphasize the evidence on which they rely to support their positions. 2. For a trial to the court, a proper resumé or curriculum vitae, marked and marshaled as an exhibit, generally will suffice for the qualification of an expert witness. C. Jury Trials 1. Jury trials will begin with jury selection at the time specified in the Trial Preparation Conference Order. 2. Unless ordered otherwise, the jury shall consist of nine (9) jurors. 9 Pursuant to Fed. R. Civ. P. 47(b) and 28 U.S.C. §1870, each side shall have three (3) peremptory challenges. 3. Not less than five (5) business days before trial, the parties shall file the voir dire questions each proposes to propound to the venire. 4. Jury Instructions and Verdict Forms: a. Counsel and any pro se party shall confer well in advance of trial, and not less than thirty (30) days before trial, and shall file in CM/ECF and submit by e-mail to [email protected] (1) a stipulated statement of claims and defenses to be given to the jury; and (2) those jury instructions and verdict forms that the parties stipulate should be given to the jury. Otherwise, concerning special or disputed instructions or disputed verdict forms, not less than thirty (30) days before trial, each party shall tender any proposed special or disputed instruction or disputed verdict form as provided below in Subsections b, c, and d. It is often possible for the parties to stipulate to all “stock” instructions, and frequently the parties are able to agree on most substantive instructions and verdict forms as well. Whenever applicable the parties should use the court’s preferred jury instructions, which are available online here. b. Proposed instructions and verdict forms shall be filed and submitted by e-mail to [email protected]. Instructions and verdict forms submitted by e-mail must be tendered in preferably Word Perfect format (preferably Word Perfect 12 or a later version of Word Perfect) or Word, using Arial 12 point font and double- spaced. c. Each instruction and verdict form submitted to chambers via e-mail must be in a separate document or file, so that the court can view each separate instruction and verdict form as a single document, as opposed to one of several instructions and/or verdict forms combined in a single document or file. d. To facilitate preparation, marshaling, and consideration of proposed jury instructions and verdict forms, the parties shall identify and enumerate each individual jury instruction in both the heading of each individual jury instruction and in the file name for each instruction as follows: 1. Stipulated - Stipulated instructions shall be identified as “Stip-01,” “Stip-02,” etc. 10 2. Competing & non-stipulated instructions - A competing instruction is an instruction addressing an issue about which the parties agree an instruction is necessary, but disagree about its wording. Competing instructions must address the same issue and be designated using the same number, i.e., Comp-P-01 and Comp-D-01 must address the same issue. Non-stipulated instructions are those requested by an individual party to which any other party objects, but does not tender a competing instruction. a. Plaintiff’s competing & non-stipulated - Competing or non-stipulated instructions submitted by the plaintiff shall be identified as “Comp-P-01,” “Comp-P-02,” “NonStip-P-01,” “NonStip-P-02," etc. b. Defendant’s competing & non-stipulated - Competing or non-stipulated instructions submitted by the defendant shall be identified as “Comp-D-01,” “Comp-D-02,” “NonStip-D-01,” “NonStip-D-02," etc. c. Multiple parties - If there are multiple plaintiffs or multiple defendants, then each plaintiff or defendant shall identify and enumerate each of their individual competing or non-stipulated jury instructions in both the heading or title and in the file name for each instruction using the party’s name or abbreviated name in place of the P or D designation. A designation such as “Comp-[party name]-01,” or “NonStip- [party name]-01," is sufficient. 3. Verdict forms & special interrogatories - The parties shall similarly identify and enumerate all proposed verdict forms and special interrogatories. e. Tendered instructions and verdict forms shall be submitted as attachments to one or more e-mails as technology permits. The attachments must organized into three groups: 1) Stipulated instructions; 2) Competing instructions; and 3) Non-stipulated instructions. When submitting proposed instructions and verdict forms, the instructions and verdict forms must be attached to one or more e-mails in the form and order specified below: 1. Stipulated – All stipulated instructions and verdict forms must appear as a first group of attachments in the e-mail, and the e- mail must clearly indicate the group of attachments that contains all stipulated instructions and verdict forms. 11 2. Competing – All competing instructions and verdict forms must appear as a second group of attachments in the e-mail, and the e-mail must clearly indicate the group of attachments that contains all competing instructions and verdict forms. 3. Non-stipulated – All non-stipulated instructions and verdict forms must appear as a third group of attachments in the e- mail, and the e-mail must clearly indicate the group of attachments that contains all non-stipulated instructions and verdict forms. f. In diversity cases where Colorado law applies, please submit instructions and verdict forms that conform to the then current edition of CJI- Civ. g. Not less than thirty (30) days before trial, each party shall file a brief or memorandum in support of or opposition to the proposed instructions and verdict forms that are competing or non-stipulated. h. At the jury instruction conference (charging conference) after the close of evidence, or any prior jury instruction conference, the court, in its discretion, may consider only those instructions and verdict forms managed in conformity with the foregoing sections or that address unanticipated matters raised during trial. 5. Jurors will be permitted to take notes during the trial. 6. The jury will be instructed before closing argument. 7. Each juror will be given copies of the written jury instructions and verdict form(s) for their use and consideration during deliberations. D. Trial Briefs 1. Trial briefs are encouraged, but not required absent specific order. If filed, trial briefs shall not exceed ten (10) pages and shall be filed not 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 spurious, belated substitute for a motion that must be filed as a motion. 12
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Our bondage to law is the price we pay for freedom. Judge Robert T. Mann PRACTICE STANDARDS CIVIL ACTIONS TO: FROM: RE: Counsel and Parties Judge Robert E. Blackburn, United States District Judge Practice Standards Civil Actions I. PURPOSE AND RELATION TO OTHER RULES A. Purpose And Authority 1. Consistent with Fed. R. Civ. P. 1, these practice standards are adopted to secure the just, speedy, and inexpensive determination of every civil action. These practice standards shall apply to all motions, petitions, applications, responses, replies, objections, orders, and all other papers filed on or after December 1, 2022 December 1, 2025, and to all hearings and trials conducted on or after December 1, 2022 December 1, 2025. They may be revised without notice and may be modified by orders entered in specific cases. 2. These practice standards have the force and effect of the orders of this court. B. Relation To Local Rules 1. These practice standards supplement, not supplant or supersede, the Local Rules of Practice of the United States District Court for the District of Colorado-Civil. C. Access To Local Rules & Practice Standards 1. Copies of the local rules are available here and from the clerk of the court in Room A105. 2. Copies of these practice standards are available here and from the clerk of the court in Room A105. 1 II. GENERAL PROCEDURES A. Applicable Rules 1. Those appearing in the District Court must know and follow: a. The Federal Rules of Civil Procedure; b. The Federal Rules of Evidence; c. The Local Rules of Practice of the United States District Court for the District of Colorado; d. The Electronic Case Filing Procedures; and e. These practice standards. 2. Failure to comply with the foregoing rules or procedures or the practice standards of this court may result in the imposition of appropriate sanctions, including, but not limited to, striking noncomplying papers, punishing contempt of court, vacating hearings or trials, or dismissing claims or the action. B. Communications with Chambers 1. For information about the status of a motion or document, please utilize the CM/ECF system available here, or the PACER system available here, or from the District Court’s home page (www.cod.uscourts.gov) at “PACER.” 2. For other information or assistance, please contact the Judicial Assistant of the court at 303-335-2350. C. Service by Electronic Means 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 preferably Word Perfect format (preferably Word Perfect 12 or a later version of Word Perfect) or Word, using an Arial 12 point font. The e-mail message should identify the case number and document attached. 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. Citations shall be made pursuant to the most current edition of THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION. 2. 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 shall be used to identify relevant excerpts from cases, pleadings, depositions, or documents. 2 3. Whenever practicable, a citation to an unpublished opinion should include its Westlaw® citation. 4. These practice standards should be cited as REB Civ. Practice Standard, Part, Section, Subsection, Paragraph, Subparagraph, and Sub- subparagraph (e.g., REB Civ. Practice Standard V.F.3.a.1.a.). E. Typeface 1. All papers filed with the court by anyone other than a judicial officer shall be in an Arial 12 point font (exclusive of footnotes and endnotes). Noncomplying papers may be stricken. F. Continuances of Hearings and Trials 1. Motions to continue are strongly discouraged because of the adverse effects they have on case management. 2. 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(d), and United States v. West, 828 F.2d 1468, 1469-70 (10th Cir. 1987). 3. Oral or written motions to continue made at the time of a hearing or trial may not be entertained by the court. 4. Stipulations for continuance shall not be effective unless and until approved by the court. G. Motions for Extensions of Time 1. Motions for extension of time are strongly discouraged because of the adverse effects they have on case management. Thus, motions for extension of time will be granted only in rare and exceptional circumstances. 2. Motions for extension of time require a showing of good cause, which must be established with particularity. 3. The following do not constitute good cause: agreement by counsel, inconvenience to counsel or the parties; press of business; conflicts in scheduling (a fortiori, when more than one attorney has entered an appearance for a party); or practice as a sole practitioner. 4. Any motion for extension of time shall be filed no later than three (3) business days before the date the motion, response, reply, or other paper to which the extension applies is due. 5. This practice standard is subject to D.C.COLO.LCivR 6.1(a), which 3 governs extension by stipulation. H. Settlement 1. Settlement discussions are encouraged at all phases of the litigation process, especially early on; however, hearings, trials, and pretrial deadlines will not be continued or vacated to facilitate settlement negotiations or alternative dispute resolution. 2. If a settlement of a contested motion or a matter to be tried to the court or to a jury is reached before the hearing or trial, please advise the court as soon as practicable via e-mail to [email protected]. III. COURTROOM PROCEDURES A. Recording of Proceedings 1. Transcripts of proceedings may be ordered from the realtime reporter assigned to the court. Requests for realtime, daily, or hourly copy must be made at least thirty (30) days before the trial or hearing. Further details can be obtained from the court. B. Exhibits 1. Each party must pre-mark all exhibits that will be used or identified for the record in a hearing or trial. Whenever possible, each party must provide a copy of each exhibit to opposing counsel or any pro se party before a hearing or before a trial pursuant to the Trial Preparation Conference Order. Exhibits not timely pre-marked or exchanged before a hearing or trial may not be admitted. Any stipulation of fact should be marked and marshaled as an exhibit. 2. The parties shall submit a single, joint list of exhibits listed numerically and consecutively using the Parties’ Joint Exhibit List form. (The form is available online here and in the clerk’s office Room A105.) a. Exhibits to which the parties have stipulated shall be listed first with the “stipulated” box checked; b. The remaining exhibits shall be listed numerically and consecutively; c. Do not mark an exhibit making reference to the party offering it, e.g., do not mark an exhibit as “Plaintiff’s Exhibit _____” or “Defendant’s Exhibit _____”; and d. The case number shall appear on each exhibit sticker or label. 4 3. 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. 4. Number of Sets of Exhibits a. For hearings, separate sets of bound exhibits must be brought to the hearing for the court and the witness stand, and for represented parties two (2) USB drives per party containing all exhibits must be provided to the courtroom deputy clerk. b. For trials, the Trial Preparation Conference Order will specify the number of sets of exhibits. 5. 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 preferred by the court. Forms are available online here and in the clerk’s office in Room A105. C. Depositions 1. Together with Fed. R. Civ. P. 32, this practice standard governs the use of depositions in court proceedings. 2. Evidence to be presented by deposition shall be designated with specificity, i.e., by page(s) and line(s). 3. Initial designations of deposition testimony shall be made not later than forty-five (45) days before trial, and counter designations shall be made not later than thirty (30) days before trial. 4. Objections to any properly designated portion of a deposition shall be filed and determined in the time and manner prescribed by D.C.COLO.LCivR 7.1 (d), and REB Civ. Practice Standard IV.A. and B. Objections shall be presented in a table that has four columns (see sample table below): (1) item number; (2) testimony (identified with specificity, i.e., by page(s) and line(s ; (3) objection; and (4) ruling. Additionally, the portion, i.e., the relevant excerpt, of the transcript of the deposition that is the subject of an objection shall be filed with the objections. Objections may be resolved before trial to facilitate appropriate redaction. Testimony Objection Ruling 5 Item # 1. 5. For jury trials, parties are required to provide a person to read the deposition answers. 6. For bench trials, depositions will not be read in open court. Instead, the court will read them in chambers in any requested sequence. At the beginning of the trial, the offering party shall provide the courtroom deputy clerk with two (2) copies of the relevant deposition transcript marked as an exhibit with plaintiff’s designated portions highlighted in yellow, the defendant’s in blue, and any other party’s in green. D. Videotape Depositions 1. Together with Fed. R. Civ. P. 32, this practice standard governs the use of videotape depositions in court proceedings. 2. Evidence to be presented by deposition shall be designated with as much specificity as practicable. 3. Initial designations shall be made not later than forty-five (45) days before trial, and counter designations shall be made not later than thirty (30) days before trial. 4. Objections to any properly designated portion of a videotaped deposition shall be filed not less than fourteen (14) days before trial and marshaled in the time and manner prescribed by D.C.COLO.LCivR 7.1(d). Additionally, the portion, i.e., the relevant excerpt, of the transcript of the deposition that is the subject of an objection shall be filed with the objections. Objections shall be presented in a table that has four columns (see sample table below): (1) item number; (2) testimony (identified with specificity, i.e., by page(s) and line(s ; (3) objection; and (4) ruling. Objections may be resolved before trial to facilitate appropriate redaction. Testimony Objection Ruling E. Glossary 1. Not later than five (5) business days before commencement of a hearing, a bench trial, a jury trial, or any other proceeding, counsel and any pro se party shall file and provide the court, the court reporter, the courtroom deputy clerk, opposing counsel, and any pro se party with a glossary of any difficult, unusual, scientific, technical, and/or medical jargon, words, names, terms and/or phrases. 6 Item # 1. IV. MOTIONS AND OBJECTIONS PRACTICE A. Motions Not Addressed In D.C.COLO.LCivR 7.1(d) 1. Excluding motions filed under Fed. R. Civ. P. 56 or 65 or under Fed. R. Evid. 702, all motions not covered by or addressed in D.C.COLO.LCivR 7.1(d), including, but not limited to, motions presenting issues in limine or only contested issues of fact, shall be marshaled and determined in the time and manner prescribed by D.C.COLO.LCivR 7.1(d). B. Page Limitations 1. Excluding motions filed under Fed. R. Civ. P. 56 or 65, all other motions, objections (including objections to the recommendations or orders of United States Magistrate Judges), responses, and concomitant briefs shall not exceed fifteen (15) pages. If a party elects to file more than one Rule 12(b) motion, 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 and shall be considered one paper for purposes of computing page limitations. Replies shall not exceed ten (10) pages. These page limitations shall include the cover page, jurisdictional statement, statement of facts, procedural history, argument, authority, closing, signature block, and all other matters, except the 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 include the motion, cover page, jurisdictional statement, statement of facts, procedural history, argument, closing, signature block, and all other matters, except the certificate of service. If a party elects to file more than one Rule 56 motion, then the motions and response briefs shall not exceed twenty (20) pages total for all such motions (not each such motion) filed by that party. C. Untimely Or Noncomplying Motions, Objections, Responses, or Replies 1. Motions that are untimely, noncomplying, or filed without a certification when required under D.C.COLO.LCivR 7.1(a) may be denied without prejudice or stricken sua sponte. 2. Untimely or noncomplying objections, responses, or replies may be denied without prejudice, stricken, or ignored. 3. A “noncomplying” motion, objection, response, or reply is a paper that does not conform in form or substance to the procedural, formatting, or technical requirements of the apposite statute, regulation, rule of civil procedure, local rule, 7 or these practice standards. D. Responses and Replies 1. 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. E. Motions In Limine 1. Motions in limine are strongly discouraged, a fortiori, when the motion is evidence driven and cannot be resolved until evidence is presented at trial. 2. In the extremely limited circumstances in which a motion in limine is necessary to determine an issue of law, it shall be filed and determined in the time and manner prescribed by D.C.COLO.LCivR 7.1(d), and REB Civ. Practice Standard IV.B.1. 3. Evidentiary issues should be raised in a trial brief rather than by motion in limine. See REB Civ. Practice Standard V.D. V. TRIALS A. Final Pretrial Conference 1. The form of Final Pretrial Order under the section titled CLAIMS AND DEFENSES shall include the following provisions: a. Any party may elect to omit a summary of the claims, counterclaims, cross-claims, defenses and affirmative defenses. If a party includes a narrative summary, it shall not exceed one page in length. b. Regardless whether a narrative summary is included, this part of the order shall include a separate enumeration of each claim, counterclaim, cross-claim, defense, and affirmative defense to be tried and identify the party with the burden of proof. If a claim, counterclaim, cross-claim, defense, or affirmative defense is asserted under state law, the parties shall designate which state’s law applies. Within each separately enumerated claim, counterclaim, cross-claim, defense, or affirmative defense, the parties shall enumerate separately each essential or material element comprising the claim or defense. If the parties disagree about the allocation of the burden of proof or the essential elements of a claim or defense, their dispute 8 shall be noted in a footnote with citations supporting the competing positions. B. Trials To Court 1. For a trial to the court, not less than five (5) business days before trial, counsel and any pro se party shall (i) file in CM/ECF and (ii) submit by e-mail to [email protected] proposed findings of fact, conclusions of law, and orders. Counsel and any pro se party are requested to state their proposed findings of fact as nearly as possible in the same order as their anticipated order of proof at trial. Counsel and any pro se party are requested to key their closing arguments to their proposed findings of fact and conclusions of law and to emphasize the evidence on which they rely to support their positions. 2. For a trial to the court, a proper resumé or curriculum vitae, marked and marshaled as an exhibit, generally will suffice for the qualification of an expert witness. C. Jury Trials 1. Jury trials will begin with jury selection at the time specified in the Trial Preparation Conference Order. 2. Unless ordered otherwise, the jury shall consist of nine (9) jurors. Pursuant to Fed. R. Civ. P. 47(b) and 28 U.S.C. §1870, each side shall have three (3) peremptory challenges. 3. Not less than five (5) business days before trial, the parties shall file the voir dire questions each proposes to propound to the venire. 4. Jury Instructions and Verdict Forms: a. Counsel and any pro se party shall confer well in advance of trial, and not less than thirty (30) days before trial, and shall file in CM/ECF and submit by e-mail to [email protected] (1) a stipulated statement of claims and defenses to be given to the jury; and (2) those jury instructions and verdict forms that the parties stipulate should be given to the jury. Otherwise, concerning special or disputed instructions or disputed verdict forms, not less than thirty (30) days before trial, each party shall tender any proposed special or disputed instruction or disputed verdict form as provided below in Subsections b, c, and d. It is often possible for the parties to stipulate to all “stock” instructions, and frequently the parties are able to agree on most substantive instructions and verdict forms as well. Whenever applicable the parties should use the court’s preferred jury instructions, which are available online here. 9 b. Proposed instructions and verdict forms shall be filed and submitted by e-mail to [email protected]. Instructions and verdict forms submitted by e-mail must be tendered in preferably Word Perfect format (preferably Word Perfect 12 or a later version of Word Perfect) or Word, using Arial 12 point font and double- spaced. c. Each instruction and verdict form submitted to chambers via e-mail must be in a separate document or file, so that the court can view each separate instruction and verdict form as a single document, as opposed to one of several instructions and/or verdict forms combined in a single document or file. d. To facilitate preparation, marshaling, and consideration of proposed jury instructions and verdict forms, the parties shall identify and enumerate each individual jury instruction in both the heading of each individual jury instruction and in the file name for each instruction as follows: 1. Stipulated - Stipulated instructions shall be identified as “Stip-01,” “Stip-02,” etc. 2. Competing & non-stipulated instructions - A competing instruction is an instruction addressing an issue about which the parties agree an instruction is necessary, but disagree about its wording. Competing instructions must address the same issue and be designated using the same number, i.e., Comp-P-01 and Comp-D-01 must address the same issue. Non-stipulated instructions are those requested by an individual party to which any other party objects, but does not tender a competing instruction. a. Plaintiff’s competing & non-stipulated - Competing or non-stipulated instructions submitted by the plaintiff shall be identified as “Comp-P-01,” “Comp-P-02,” “NonStip-P-01,” “NonStip-P-02," etc. b. Defendant’s competing & non-stipulated - Competing or non-stipulated instructions submitted by the defendant shall be identified as “Comp-D-01,” “Comp-D-02,” “NonStip-D-01,” “NonStip-D-02," etc. c. Multiple parties - If there are multiple plaintiffs or multiple defendants, then each plaintiff or defendant shall identify and enumerate each of their individual competing or non-stipulated jury instructions in both the heading or title and 10 in the file name for each instruction using the party’s name or abbreviated name in place of the P or D designation. A designation such as “Comp-[party name]-01,” or “NonStip- [party name]-01," is sufficient. 3. Verdict forms & special interrogatories - The parties shall similarly identify and enumerate all proposed verdict forms and special interrogatories. e. Tendered instructions and verdict forms shall be submitted as attachments to one or more e-mails as technology permits. The attachments must organized into three groups: 1) Stipulated instructions; 2) Competing instructions; and 3) Non-stipulated instructions. When submitting proposed instructions and verdict forms, the instructions and verdict forms must be attached to one or more e-mails in the form and order specified below: 1. Stipulated – All stipulated instructions and verdict forms must appear as a first group of attachments in the e-mail, and the e- mail must clearly indicate the group of attachments that contains all stipulated instructions and verdict forms. 2. Competing – All competing instructions and verdict forms must appear as a second group of attachments in the e-mail, and the e-mail must clearly indicate the group of attachments that contains all competing instructions and verdict forms. 3. Non-stipulated – All non-stipulated instructions and verdict forms must appear as a third group of attachments in the e- mail, and the e-mail must clearly indicate the group of attachments that contains all non-stipulated instructions and verdict forms. f. In diversity cases where Colorado law applies, please submit instructions and verdict forms that conform to the then current edition of CJI- Civ. g. Not less than thirty (30) days before trial, each party shall file a brief or memorandum in support of or opposition to the proposed instructions and verdict forms that are competing or non-stipulated. h. At the jury instruction conference (charging conference) after the close of evidence, or any prior jury instruction conference, the court, in its discretion, may consider only those instructions and verdict forms managed in conformity with the foregoing sections or that address unanticipated matters raised during trial. 11 5. Jurors will be permitted to take notes during the trial. 6. The jury will be instructed before closing argument. 7. Each juror will be given copies of the written jury instructions and verdict form(s) for their use and consideration during deliberations. D. Trial Briefs 1. Trial briefs are encouraged, but not required absent specific order. If filed, trial briefs shall not exceed ten (10) pages and shall be filed not 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 spurious, belated substitute for a motion that must be filed as a motion. 12
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Our bondage to law is the price we pay for freedom. Judge Robert T. Mann PRACTICE STANDARDS CRIMINAL ACTIONS TO: FROM: RE: Counsel and Parties Judge Robert E. Blackburn, United States District Judge Practice Standards Criminal Actions I. PURPOSE AND RELATION TO OTHER RULES A. Purpose And Authority 1. Consistent with Fed. R. Crim. P. 2, these practice standards are adopted to secure the just determination of every criminal proceeding. These practice standards shall apply to all motions, petitions, applications, responses, replies, objections, orders, and all other papers filed on or after December 1, 2025, and to all hearings and trials conducted on or after December 1, 2025. They may be revised without notice and may be modified by orders entered in specific cases. 2. These practice standards have the force and effect of the orders of this court. B. Relation To Local Rules 1. These practice standards supplement, not supplant or supersede, The Local Rules of Practice of the United States District Court for the District of Colorado - Criminal. C. Access To Local Rules & Practice Standards 1. Copies of the local rules are available here or from the clerk in Room A105. 2. Copies of these practice standards are available here or from the clerk in Room A105. 1 II. GENERAL PROCEDURES A. Applicable Rules 1. Those appearing in the District Court must know and follow: a. The Federal Rules of Criminal Procedure; b. The Federal Rules of Evidence; c. The Local Rules of Practice of the United States District Court for the District of Colorado - Criminal; d. The Electronic Case Filing Procedures; and e. These practice standards. 2. Failure to comply with the foregoing rules or procedures or the practice standards of this court may result in the imposition of appropriate sanctions, including, but not limited to, striking noncomplying papers, punishing contempt of court, vacating hearings or trials, or dismissing the case. B. Communications with Chambers 1. Do not deliver, fax, or e-mail pleadings, motions, papers, or correspondence directly to chambers absent a specific order. Instead, file all such pleadings or documents via the CM/ECF system. 2. For information about the status of a motion or document, please utilize the CM/ECF system, available here, or PACER, available here. 3. For other information or assistance, please contact the Judicial Assistant of the court at 303-335-2350. C. 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, pleadings, depositions, or documents are insufficient if the paper or document is more than one page in length. Whenever possible, specific references in the form of pinpoint citations shall be used to identify relevant excerpts from cases, pleadings, depositions, or documents. 3. Whenever practicable, a citation to an unpublished opinion should include its Westlaw® citation. 4. These practice standards should be cited as REB Cr. Practice Standard, Part, Section, Subsection, Paragraph, Subparagraph, and Sub- subparagraph (e.g., REB Cr. Practice Standard V.F.3.A.1.a.). D. Typeface 2 1. All papers filed with the court by anyone other than a judicial officer shall be in an Arial 12 point font (exclusive of footnotes and endnotes). Noncomplying papers may be stricken. E. Continuances of Hearings and Trials 1. 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, and United States v. West, 828 F.2d 1468, 1469-70 (10th Cir. 1987). Oral or written motions to continue made at the time of the hearing or trial may not be entertained by the court. Stipulations for continuance shall not be effective unless and until approved by the court. III. COURTROOM PROCEDURES A. Recording of Proceedings 1. Transcripts of proceedings may be ordered from the realtime reporter assigned to the court. Requests for realtime, daily, or hourly copy must be made at least thirty (30) days before the trial or hearing. Further details can be obtained from the court. B. Exhibits 1. Each party must pre-mark all exhibits that will be used or identified for the record in a hearing or trial. Whenever possible, each party must provide a copy of each exhibit to opposing counsel or any pro se party before a hearing and before a trial pursuant to the Trial Preparation Conference Order. Exhibits not pre-marked or exchanged before a hearing or trial may not be admitted. Any stipulation of fact should be marked and marshaled as an exhibit. 2. Marking of Exhibits: a. Numerically for a single party plaintiff (i.e., the government), petitioner, movant, or appellant: Government’s, Petitioner’s, Movant’s, or Appellant’s exhibit 1, 2, 3, etc.; b. Numerically for single or multiple party defendants, movants, and appellees as follows: Defendant’s, Movant’s, or Appellee’s surname exhibit 1, 2, 3, etc. (for example “Smith exhibit 57"); and c. The case number shall appear on each exhibit sticker or label. 3 3. Exhibits must be bound, e.g., in three-ring notebooks or folders, and the notebook or folder must be labeled with the following information: (i) caption, (ii) nature of proceeding, (iii) scheduled date and time, (iv) party's name and designation, and (v) “original” or “copy.” If exhibits are not bound and labeled properly, the hearing or trial may be delayed or continued until they are. 4. Number of Sets of Exhibits a. For hearings, separate sets of bound exhibits must be brought to the hearing for the court and the witness stand, and for represented parties, two (2) USB drives per party containing all exhibits must be provided to the courtroom deputy clerk. b. For trials, the Trial Preparation Conference Order will specify the number of sets of exhibits. C. Witness & Exhibit Lists 1. Each party shall submit the Witness List and Exhibit List preferred by the court (forms are available here), to the courtroom deputy clerk before any hearing or trial or as provided in the order setting the hearing or the Trial Preparation Conference Order. 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, counsel and any pro se party shall file and provide the court, the court reporter, the courtroom deputy clerk, opposing counsel, and any pro se party with a glossary of any difficult, unusual, scientific, technical, and/or medical jargon, words, names, terms and/or phrases. IV. MOTION PRACTICE A. Motions In Limine and Trial Briefs 1. Motions in limine are strongly discouraged, a fortiori, when the motion is evidence driven and cannot be resolved until evidence is presented at trial. In the extremely limited circumstances in which a motion in limine is necessary, it shall be filed and determined in the time and manner prescribed by D.C.COLO.LCivR 7.1(d), and REB Civ. Practice Standard IV.B.1. 2. Trial briefs are encouraged. Trial briefs shall not exceed ten (10) pages and shall be filed not later than five (5) business days before trial. Please flag evidentiary issues in a trial brief rather than by motion in limine. 4 However, a trial brief may not be used as a spurious, belated substitute for a motion that must be filed as a motion. V. TRIALS A. Jury Trials 1. Jury trials will begin with jury selection at the time specified in the Trial Preparation Conference Order, with the trial commencing after jury selection. Commencing the second day of trial, the trial day will be from 8:30 a.m., to 5:00 p.m., with noon, mid-morning, and mid-afternoon recesses. 2. Unless ordered otherwise, jurors and alternate jurors shall be selected using the Jury Selection Protocol of the court that is available in the clerk’s office or online here. 3. Not less than five (5) business days before trial, the parties shall file the voir dire questions they propose to propound to the venire. 4. Batson challenges [see Batson v. Kentucky, 476 U.S. 79 (1986)] shall be made and considered at the conclusion of voir dire examination, but before the jury is seated and sworn. 5. Jury Instructions a. Whenever practicable, 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 here. b. Counsel and any pro se party shall confer well in advance of trial, and not less than five (5) business days before trial, shall file on CM/ECF and submit by electronic mail to [email protected] those jury instructions and verdict forms that the parties stipulate should be given to the jury. Otherwise, concerning special or disputed instructions or disputed verdict forms, not less than five (5) business days before trial, each party shall (i) file in CM/ECF and (ii) submit any special or disputed instruction or disputed verdict form as provided below in Subsections c, d, and e. c. Proposed instructions and verdict forms shall be filed in CM/ECF and submitted by e-mail to [email protected]. Instructions and verdict forms submitted by e-mail must be tendered in preferably Word, using an 5 Arial 12 point font, double-spaced. d. Each instruction and verdict form submitted to chambers via e-mail must be in a separate document or file, so that the court can view each separate instruction and verdict form as a single document, as opposed to one of several instructions and/or verdict forms combined in a single document or file . e. Tendered instructions and verdict forms must be submitted as attachments to one or more e-mails as technology permits. The attachments must organized into three groups: (1) Stipulated instructions; (2) Competing instructions; and (3) Non-stipulated instructions. When submitting proposed instructions and verdict forms, the instructions and verdict forms must be attached to one or more e-mails in the form and order specified below: 1. Stipulated – The file name and name for each stipulated instruction and verdict form must include a clear indication that the instruction or verdict form is stipulated, and a numerical designation. A name such as “Stip 01" is sufficient as the name for an individual instruction or verdict form. All stipulated instructions and verdict forms must appear as a first group of attachments in the e-mail, and the e-mail must clearly indicate the group of attachments that contains all stipulated instructions and verdict forms. 2. Competing – A competing instruction or verdict form is an instruction or verdict form addressing an issue about which the parties agree an instruction or verdict form is necessary, but disagree about its wording. Competing instructions must address the same issue and be designated using the same number, i.e., Comp G 01 and Comp D 01 must address the same issue. The file name and name for each competing instruction and verdict form must include a clear indication that the instruction or verdict form is competing, a designation of the party tendering the instruction, and a numerical designation. A name such as “Comp G 01" or “Comp D 01" is sufficient as the name for an individual instruction or verdict form. All competing instructions and verdict forms must appear as a second group of attachments in the e-mail, and the e-mail must clearly indicate the group of attachments that contains all competing instructions and verdict forms. 3. Non-stipulated – Non-stipulated instructions and verdict forms are those requested by an individual party to which any other 6 party objects, but does not tender a competing instruction or verdict form. The file name and name for each non-stipulated instruction and verdict form must include a clear indication that the instruction or verdict form is non-stipulated, a designation of the party tendering the instruction, and a numerical designation. A name such as “Non-stip G 01" or “Non-stip D 01" is sufficient as the name for an individual instruction or verdict form. All non-stipulated instructions and verdict forms must appear as a third group of attachments in the e-mail, and the e-mail must clearly indicate the group of attachments that contains all non-stipulated instructions and verdict forms. f. Not less than five (5) business days before trial, each party shall file a brief or memorandum addressing – either in support of or opposition to – the proposed instructions and verdict forms that are competing or non-stipulated. g. At the jury instruction conference (charging conference) after the close of evidence, or any prior jury instruction conference, the court, in its discretion, may consider only those instructions and verdict forms managed in conformity with the foregoing sections or that address unanticipated matters raised during trial. 6. Jurors will be permitted to take notes during the trial. 7. The jury will be instructed before closing argument. 8. Each juror will be given copies of the written jury instructions and verdict forms for use and consideration during deliberations. VI. PLEA AGREEMENTS A. Treatment Of Notice Of Disposition 1. A notice of disposition filed pursuant to D.C.COLO.LCrR 11.1(a), shall be considered to be a delay resulting from consideration by the court of a proposed plea agreement within the meaning of 18 U.S.C. § 3161(h)(1)(G) for the purpose of computing time under the Speedy Trial Act of 1974, 18 U.S.C. § 3161. A defendant contesting this characterization shall state his objection in the notice of disposition or shall be deemed to have forfeited the objection. 7
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Our bondage to law is the price we pay for freedom. Judge Robert T. Mann PRACTICE STANDARDS CRIMINAL ACTIONS TO: FROM: RE: Counsel and Parties Judge Robert E. Blackburn, United States District Judge Practice Standards Criminal Actions I. PURPOSE AND RELATION TO OTHER RULES A. Purpose And Authority 1. Consistent with Fed. R. Crim. P. 2, these practice standards are adopted to secure the just determination of every criminal proceeding. These practice standards shall apply to all motions, petitions, applications, responses, replies, objections, orders, and all other papers filed on or after December 1, 2019 2025, and to all hearings and trials conducted on or after December 1, 2019 2025. They may be revised without notice and may be modified by orders entered in specific cases. 2. These practice standards have the force and effect of the orders of this court. B. Relation To Local Rules 1. These practice standards supplement, not supplant or supersede, The Local Rules of Practice of the United States District Court for the District of Colorado - Criminal. C. Access To Local Rules & Practice Standards 1. Copies of the local rules are available here or from the clerk of the court in Room A105. 2. Copies of these practice standards are available here or from the clerk of the court in Room A105. 1 II. GENERAL PROCEDURES A. Applicable Rules 1. Those appearing in the District Court must know and follow: a. The Federal Rules of Criminal Procedure; b. The Federal Rules of Evidence; c. The Local Rules of Practice of the United States District Court for the District of Colorado - Criminal; d. The Electronic Case Filing Procedures; and e. These practice standards. 2. Failure to comply with the foregoing rules or procedures or the practice standards of this court may result in the imposition of appropriate sanctions, including, but not limited to, striking noncomplying papers, punishing contempt of court, vacating hearings or trials, or dismissing the case. B. Communications with Chambers 1. Do not deliver, fax, or e-mail pleadings, motions, papers, or correspondence directly to chambers absent a specific order. Instead, file all such pleadings or documents via the CM/ECF system. 2. For information about the status of a motion or document, please utilize the CM/ECF system, available here, or PACER, available here. 3. For other information or assistance, please contact the Judicial Assistant of the court at 303-335-2350. C. 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, pleadings, depositions, or documents are insufficient if the paper or document is more than one page in length. Whenever possible, specific references in the form of pinpoint citations shall be used to identify relevant excerpts from cases, pleadings, depositions, or documents . 3. Whenever practicable, a citation to an unpublished opinion should include its Westlaw® citation. 4. These practice standards should be cited as REB Cr. Practice Standard, Part, Section, Subsection, Paragraph, Subparagraph, and Sub- subparagraph (e.g., REB Cr. Practice Standard V.F.3.A.1.a.). D. Typeface 2 1. All papers filed with the court by anyone other than a judicial officer shall be in an Arial 12 point font (exclusive of footnotes and endnotes). Noncomplying papers may be stricken. E. Continuances of Hearings and Trials 1. 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, and United States v. West, 828 F.2d 1468, 1469-70 (10th Cir. 1987). Oral or written motions to continue made at the time of the hearing or trial may not be entertained by the court. Stipulations for continuance shall not be effective unless and until approved by the court. III. COURTROOM PROCEDURES A. Recording of Proceedings 1. Transcripts of proceedings may be ordered from the realtime reporter assigned to the court. Requests for realtime, daily, or hourly copy must be made at least thirty (30) days before the trial or hearing. Further details can be obtained from the court. B. Exhibits 1. Each party must pre-mark all exhibits that will be used or identified for the record in a hearing or trial. Whenever possible, each party must provide a copy of each exhibit to opposing counsel or any pro se party before a hearing and before a trial pursuant to the Trial Preparation Conference Order. Exhibits not pre-marked or exchanged before a hearing or trial may not be admitted. Any stipulation of fact should be marked and marshaled as an exhibit. 2. Marking of Exhibits: a. Numerically for a single party plaintiff (i.e., the government), petitioner, movant, or appellant: Government’s, Petitioner’s, Movant’s, or Appellant’s exhibit 1, 2, 3, etc.; b. Numerically for single or multiple party defendants, movants, and appellees as follows: Defendant’s, Movant’s, or Appellee’s surname exhibit 1, 2, 3, etc. (for example “Smith exhibit 57"); and c. The case number shall appear on each exhibit sticker or label. 3 3. Exhibits must be bound, e.g., in three-ring notebooks or folders, and the notebook or folder must be labeled with the following information: (i) caption, (ii) nature of proceeding, (iii) scheduled date and time, (iv) party's name and designation, and (v) “original” or “copy.” If exhibits are not bound and labeled properly, the hearing or trial may be delayed or continued until they are. 4. Number of Sets of Exhibits a. For hearings, separate sets of bound exhibits must be brought to the hearing for the court and the witness stand, and for represented parties two (2) USB drives per party containing all exhibits must be provided to the courtroom deputy clerk. b. For trials, the Trial Preparation Conference Order will specify the number of sets of exhibits. C. Witness & Exhibit Lists 1. Each party shall submit the Witness List and Exhibit List preferred by the court (forms are available here), to the courtroom deputy clerk before any hearing or trial or as provided in the order setting the hearing or the Trial Preparation Conference Order. 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, counsel and any pro se party shall file and provide the court, the court reporter, the courtroom deputy clerk, opposing counsel, and any pro se party with a glossary of any difficult, unusual, scientific, technical, and/or medical jargon, words, names, terms and/or phrases. IV. MOTION PRACTICE A. Motions In Limine and Trial Briefs 1. Motions in limine are strongly discouraged, a fortiori, when the motion is evidence driven and cannot be resolved until evidence is presented at trial. In the extremely limited circumstances in which a motion in limine is necessary, it shall be filed and determined in the time and manner prescribed by D.C.COLO.LCivR 7.1(d), and REB Civ. Practice Standard IV.B.1. 2. Trial briefs are encouraged. Trial briefs shall not exceed ten (10) pages and shall be filed not later than five (5) business days before trial. Please flag evidentiary issues in a trial brief rather than by motion in limine. 4 However, a trial brief may not be used as a spurious, belated substitute for a motion that must be filed as a motion. V. TRIALS A. Jury Trials 1. Jury trials will begin with jury selection at the time specified in the Trial Preparation Conference Order, with the trial commencing after jury selection. Commencing the second day of trial, the trial day will be from 8:30 a.m., to 5:00 p.m., with noon, mid-morning, and mid-afternoon recesses. 2. Unless ordered otherwise, jurors and alternate jurors shall be selected using the Jury Selection Protocol of the court that is available in the clerk’s office or online here. 3. Not less than five (5) business days before trial, the parties shall file the voir dire questions they propose to propound to the venire. 4. Batson challenges [see Batson v. Kentucky, 476 U.S. 79 (1986)] shall be made and considered at the conclusion of voir dire examination, but before the jury is seated and sworn. 5. Jury Instructions a. Whenever practicable, 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 here. b. Counsel and any pro se party shall confer well in advance of trial, and not less than five (5) business days before trial, shall file on CM/ECF and submit by electronic mail to [email protected] those jury instructions and verdict forms that the parties stipulate should be given to the jury. Otherwise, concerning special or disputed instructions or disputed verdict forms, not less than five (5) business days before trial, each party shall (i) file in CM/ECF and (ii) submit any special or disputed instruction or disputed verdict form as provided below in Subsections c, d, and e. c. Proposed instructions and verdict forms shall be filed in CM/ECF and submitted by e-mail to [email protected]. Instructions and verdict forms submitted by e-mail must be tendered in preferably Word Perfect 5 format (preferably Word Perfect 12 or a later version of Word Perfect) or Word, using an Arial 12 point font, double-spaced. d. Each instruction and verdict form submitted to chambers via e-mail must be in a separate document or file, so that the court can view each separate instruction and verdict form as a single document, as opposed to one of several instructions and/or verdict forms combined in a single document or file . e. Tendered instructions and verdict forms must be submitted as attachments to one or more e-mails as technology permits. The attachments must organized into three groups: (1) Stipulated instructions; (2) Competing instructions; and (3) Non-stipulated instructions. When submitting proposed instructions and verdict forms, the instructions and verdict forms must be attached to one or more e-mails in the form and order specified below: 1. Stipulated – The file name and name for each stipulated instruction and verdict form must include a clear indication that the instruction or verdict form is stipulated, and a numerical designation. A name such as “Stip 01" is sufficient as the name for an individual instruction or verdict form. All stipulated instructions and verdict forms must appear as a first group of attachments in the e-mail, and the e-mail must clearly indicate the group of attachments that contains all stipulated instructions and verdict forms. 2. Competing – A competing instruction or verdict form is an instruction or verdict form addressing an issue about which the parties agree an instruction or verdict form is necessary, but disagree about its wording. Competing instructions must address the same issue and be designated using the same number, i.e., Comp G 01 and Comp D 01 must address the same issue. The file name and name for each competing instruction and verdict form must include a clear indication that the instruction or verdict form is competing, a designation of the party tendering the instruction, and a numerical designation. A name such as “Comp G 01" or “Comp D 01" is sufficient as the name for an individual instruction or verdict form. All competing instructions and verdict forms must appear as a second group of attachments in the e-mail, and the e-mail must clearly indicate the group of attachments that contains all competing instructions and verdict forms. 3. Non-stipulated – Non-stipulated instructions and verdict 6 forms are those requested by an individual party to which any other party objects, but does not tender a competing instruction or verdict form. The file name and name for each non-stipulated instruction and verdict form must include a clear indication that the instruction or verdict form is non-stipulated, a designation of the party tendering the instruction, and a numerical designation. A name such as “Non-stip G 01" or “Non-stip D 01" is sufficient as the name for an individual instruction or verdict form. All non-stipulated instructions and verdict forms must appear as a third group of attachments in the e-mail, and the e-mail must clearly indicate the group of attachments that contains all non-stipulated instructions and verdict forms. f. Not less than five (5) business days before trial, each party shall file a brief or memorandum addressing – either in support of or opposition to – the proposed instructions and verdict forms that are competing or non-stipulated. g. At the jury instruction conference (charging conference) after the close of evidence, or any prior jury instruction conference, the court, in its discretion, may consider only those instructions and verdict forms managed in conformity with the foregoing sections or that address unanticipated matters raised during trial. 6. Jurors will be permitted to take notes during the trial. 7. The jury will be instructed before closing argument. 8. Each juror will be given copies of the written jury instructions and verdict forms for use and consideration during deliberations. VI. PLEA AGREEMENTS A. Treatment Of Notice Of Disposition 1. A notice of disposition filed pursuant to D.C.COLO.LCrR 11.1(a), shall be considered to be a delay resulting from consideration by the court of a proposed plea agreement within the meaning of 18 U.S.C. § 3161(h)(1)(G) for the purpose of computing time under the Speedy Trial Act of 1974, 18 U.S.C. § 3161. A defendant contesting this characterization shall state his objection in the notice of disposition or shall be deemed to have forfeited the objection. 7
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JURY SELECTION PROTOCOL (Criminal Jury Trials) Judge Robert E. Blackburn 1. Twelve regular jurors and one alternate juror, who shall remain anonymous to all but the court and the parties, will be chosen for this trial. 2. 31 prospective jurors will be chosen at random by lot and seated in and in front of the jury box. 3. Voir dire will be conducted by the court and counsel and will be directed to those 31 prospective jurors seated in and in front of the jury box. 4. The court will voir dire first concerning hardship; any juror excused by the court for hardship will be replaced by a prospective juror other than the initial 31. 5. After voir dire is completed, the court will entertain challenges for cause. 6. The alternate juror shall be in the seat selected by the court during the Trial Preparation Conference. 7. Pursuant to Fed. R. Crim. P. 24(b) and (c)(2) and (c)(4)(A), the defendant is entitled to eleven peremptory challenges, i.e., ten for the regular jurors and one for the alternate, and the government is entitled to seven peremptory challenges, i.e., six for the regular jurors and one for the alternate. 8. When the court directs, the parties shall exercise their regular (non-alternate) juror peremptory challenges in the following order: (cid:127) (cid:127) (cid:127) (cid:127) (cid:127) (cid:127) (cid:127) (cid:127) (cid:127) (cid:127) (cid:127) (cid:127) (cid:127) (cid:127) the government may exercise its first peremptory challenge; the defendant may exercise his first peremptory challenge; the defendant may exercise his second peremptory challenge; the government may exercise its second peremptory challenge; the defendant may exercise his third peremptory challenge; the defendant may exercise his fourth peremptory challenge; the government may exercise its third peremptory challenge; the defendant may exercise his fifth peremptory challenge; the defendant may exercise his sixth peremptory challenge; the government may exercise its fourth peremptory challenge; the defendant may exercise his seventh peremptory challenge; the defendant may exercise his eighth peremptory challenge; the government may exercise its fifth peremptory challenge; the defendant may exercise his ninth peremptory challenge; Page 1 of 2 the government may exercise its sixth peremptory challenge; (cid:127) (cid:127) the defendant may exercise his tenth peremptory challenge; 9. When the court directs, the parties shall exercise their alternate juror peremptory challenges in the following order: (cid:127) (cid:127) the government may exercise its seventh (and final) peremptory challenge as to the alternate juror only, or the challenge is waived; and the defendant may exercise his eleventh (and final) peremptory challenge as to the alternate juror only. 10. If either side accepts the jury before exercising all of its peremptory challenges, the other side may continue to exercise available peremptory challenges in response to which the side accepting the jury with peremptory challenges remaining may exercise remaining peremptory challenges, but only with respect to a prospective juror who was seated in the place of another prospective juror who was excused through the exercise of a peremptory challenge and then only immediately after the exercise of the challenge. 11. A peremptory challenge shall be by audible strike made in open court by the party exercising the challenge. 12. All but the last peremptory challenge for each side shall be directed at prospective jurors in seats 1 through 13 only, with the exception of the seat designated for the alternate. As required by Fed. R. Crim. P. 24(c)(2) and (4), the last peremptory challenge for each side may be used to remove the alternate juror only. 13. Panelists in seats one through thirteen who are excused by peremptory challenge shall be replaced immediately by lot from remaining prospective jurors in seats 14 through 31. Revised Effective 01/01/08 Page 2 of 2
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PLEASE NOTE To ensure ready access via the court’s website, these stock instructions are contained in one document. However, when you submit proposed jury instructions to the court, each instruction and verdict form tendered must be in a separate document or file. See REB Civ. Practice Standard V. C. 4. c. INSTRUCTION NO. _____ Ladies and Gentlemen of the Jury: Now that you have heard the evidence and will soon hear argument, it becomes my duty to give you the instructions of the court as to the law applicable to this case. It is your duty as jurors to follow the law as I shall state it to you, and to apply the law to the facts as you find them from the evidence in the case. You are not to single out one instruction alone as stating the law, but must consider the instructions as a whole. Neither are you to be concerned with the wisdom of any rule of law stated by the court. In explaining the rules of law that you must follow, first, I will give you some general instructions which apply in every civil case – for example, instructions about burden of proof and insights that may help you to judge the believability of witnesses. Then I will give you some specific rules of law that apply to this particular case and, finally, I will explain the procedures you should follow in your deliberations, and the possible verdicts you may return. Counsel may quite properly refer to some of the governing rules of law in their arguments. If, however, any difference appears to you between the law as stated by counsel and that stated by the court in these instructions, you are, of course, to be governed by the final instructions of the court. Nothing the court says in these instructions is to be taken as an indication that the court has any opinion about the facts of the case, or what that opinion is. It is not the function of the court to determine the facts, but rather yours. You must perform your duties as jurors without bias or prejudice as to any party. The law does not permit you to be governed by sympathy, bias, prejudice, or public opinion. All parties expect that you will carefully and impartially consider all of the evidence, follow the law as it is now being given to you, and reach a just verdict, regardless of the consequences. That is the oath that you took and the promise you made. Anything you may have seen or heard outside the courtroom is not evidence, and must be disregarded entirely. The evidence in the case consists of the sworn testimony of the witnesses, regardless of who may have called them, all exhibits received in evidence, regardless of who may have produced them, and all facts which may have been admitted, stipulated, or judicially noticed. Nothing else is evidence. The statements and arguments of the lawyers are not evidence. Their questions and objections are not evidence. Thus, if a lawyer asks a question of a witness that contains an assertion of fact, you may not consider the assertion by the lawyer as any evidence of that fact. Only the answers are evidence. However, when the attorneys on both sides have stipulated or agreed as to the existence of a fact, the jury must, unless otherwise instructed, accept the stipulation and regard that fact as proved The legal rulings of the court are not evidence. The comments and questions of the court are not evidence. There are two types of evidence from which a jury may properly determine the facts of a case. One is direct evidence, such as the testimony of an eyewitness. The other is indirect or circumstantial evidence, that is, the proof of a chain of facts which point to the existence or non-existence of certain other facts. As a general rule, the law makes no distinction between direct and circumstantial evidence, but requires that the jury find the facts in accordance with the evidence in the case, both direct and circumstantial. If any reference by the court or by counsel to matters of testimony or exhibits does not coincide with your own recollection of that evidence, it is your recollection which should control during your deliberations and not the statements of the court or of counsel. You are the sole judges of the evidence received in this case. You are to consider only the evidence in the case. However, in your consideration of the evidence, you are not limited to just the statements of the witnesses. In other words, you are not limited solely to what you saw and heard as the witnesses testified. You are permitted to draw, from the facts which you find have been proved, such reasonable inferences as you feel are justified in light of your experience. An inference is a conclusion that reason and common sense may lead you to draw from the facts which you find have been proved by a preponderance of the evidence. By permitting such reasonable inferences, you may make deductions and reach conclusions that reason and common sense lead you to draw from the facts which have been established by the testimony and evidence in this case. The mere number of witnesses appearing for or against a particular fact, issue, or proposition does not in and of itself prove or disprove that fact, issue, or proposition. You may find that the testimony of a small number of witnesses as to any fact is more credible than the testimony of a larger number of witnesses to the contrary. Any evidence as to which an objection was sustained by the court, and any evidence ordered stricken by the court, must be disregarded entirely . Any finding of fact you make must be based on probabilities, not possibilities. A finding of fact may not be based on surmise, speculation, or conjecture. At the end of the trial you will have to make your decision based on what you recall of the evidence. You will not have a written transcript to consult, and it is difficult and time consuming for the reporter to read back lengthy testimony. Any verdict of the jury must represent the considered judgment of each juror. In order to return a verdict, it is necessary that each juror agree. Any verdict must be unanimous. It is your duty, as jurors, to consult with one another and to deliberate with a view to reaching an agreement, if you can do so without violence to individual judgment. You must each decide the case for yourself, but only after an impartial consideration of the evidence in the case with your fellow jurors. In the course of your deliberations, do not hesitate to reexamine your own views, and change your opinion, if convinced it is erroneous. However, do not surrender your honest conviction as to the weight or effect of evidence solely because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict. Remember at all times that you are not partisans. You are judges – judges of the facts. Your sole interest is to seek the truth from the evidence in the case and return a just verdict based upon the evidence in the case and the law as the court has presented it to you. INSTRUCTION NO. _____ The plaintiff has the burden of proving any claim by a preponderance of the evidence. The defendant has the burden of proving any affirmative defense by a preponderance of the evidence. To “establish by the preponderance of the evidence” means to prove that something is more likely so than it is not so. In other words, a preponderance of the evidence in the case means such evidence as, when considered and compared to that opposed to it, has more convincing force, and produces in your mind a belief that what is sought to be proved is more likely true than not true. In determining whether any fact in issue has been proved by a preponderance of the evidence in the case, you may, unless otherwise instructed, consider the testimony of all witnesses, regardless of who may have called them, and all exhibits received in evidence, regardless of who may have produced them, and any fact that has been admitted, stipulated, or judicially noticed. "Burden of proof" means the obligation a party has to prove claim or defense by a preponderance of the evidence. The party with the burden of proof can use evidence produced by any party to persuade you. If a party fails to meet burden of proof as to any claim or defense or if the evidence weighs so evenly that you are unable to say that there is a preponderance on either side, you must reject that claim or defense. INSTRUCTION NO. _____ In this civil action the burden is on plaintiff to prove every essential element of each claim by a preponderance of the evidence. If the proof should fail to establish any essential element of a claim by a preponderance of the evidence in the case, the jury should find for the defendant as to that claim. To "establish by a preponderance of the evidence" means to prove that something is more likely so than not so. In other words, a preponderance of the evidence in the case means such evidence as, when considered and compared with that opposed to it, has more convincing force, and produces in your minds belief that what is sought to be proved is more likely true than not true. This rule does not, of course, require proof to an absolute certainty, since proof to an absolute certainty is seldom possible in any case. In determining whether any fact in issue has been proved by a preponderance of the evidence in the case, the jury may, unless otherwise instructed, consider the testimony of all witnesses, regardless of who may have called them, and the exhibits received in evidence, regardless of who may have produced them, and any fact that has been admitted, stipulated, or judicially noticed. INSTRUCTION NO. _____ The rules of evidence ordinarily do not permit witnesses to testify as to their own opinions or their own conclusions about important questions in a trial. An exception to this rule exists as to those witnesses who are described as "expert witnesses." An "expert witness" is someone who, by education, background, training, or experience, may have become knowledgeable in some technical, scientific, or very specialized area. If such knowledge or experience may be of assistance to you in understanding some of the evidence or in determining a fact, an "expert witness" in that area may state an opinion as to a matter in which he or she claims to be an expert. You should consider each expert opinion received in evidence in this case and give it such weight as you may think it deserves. You should consider the testimony of expert witnesses just as you consider other evidence in this case. If you should decide that the opinion of an expert witness is not based upon sufficient education or experience, or if you should conclude that the reasons given in support of the opinion are not sound, or if you should conclude that the opinion is outweighed by other evidence, including that of other "expert witnesses," you may disregard the opinion in part or in its entirety. As I have told you several times, you, the jury, are the sole judges of the evidence and the facts of this case. INSTRUCTION NO. _____ You, as jurors, are the sole judges of the credibility of the witnesses and the weight their testimony deserves. You may be guided by the appearance and conduct of the witnesses, by the manner in which the witness testifies, by the character of the testimony given, and by evidence to the contrary of the testimony given. You should carefully scrutinize all the testimony given, the circumstances under which each witness has testified, and every matter in evidence which tends to show whether a witness is worthy of belief. Consider each witness' intelligence, motive and state of mind and demeanor or manner while on the stand. Consider the witness' ability to observe the matters as to which he or she has testified, and whether he or she impresses you as having an accurate recollection of these matters. Consider also any relation each witness may bear to either side of the case, the manner in which each witness might be affected by the verdict, and the extent to which, if at all, each witness is either supported or contradicted by other evidence in the case. Inconsistencies or discrepancies in the testimony of a witness, or between the testimony of different witnesses, may or may not cause the jury to discredit such testimony. Two or more persons witnessing an incident or a transaction may see or hear it differently, and innocent misrecollection, like failure of recollection, is not an uncommon experience. In weighing the effect of a discrepancy, always consider whether it pertains to a matter of importance or an unimportant detail, and whether the discrepancy results from innocent error or intentional falsehood. After making your own judgment, you will give the testimony of each witness such weight, if any, as you may think it deserves. A witness may be discredited or impeached by contradictory evidence; or by evidence that at some other time the witness has said or done something, or has failed to say or do something, which is inconsistent with the witness’ present testimony. You may, in short, accept or reject the testimony of any witness in whole or in part. If you believe any witness has been impeached and thus discredited, it is your exclusive province to give the testimony of that witness such credibility, if any, as you may think it deserves. If a witness is shown knowingly to have testified falsely concerning any material matter, you have a right to distrust such witness’ testimony in other particulars and you may reject all the testimony of that witness or give it such credibility as you may think it deserves. An act or omission is "knowingly" done if voluntarily and intentionally, and not because of mistake or accident or other innocent reason. INSTRUCTION NO. _____ The intent of a person or the knowledge that a person possesses at any given time may not ordinarily be proved directly because there is no way of directly scrutinizing the workings of the human mind. In determining the issue of what a person knew or what a person intended at a particular time, you may consider any statements made or acts done or omitted by that person and all other facts and circumstances received in evidence, which may aid in your determination of that person's knowledge or intent. You may infer, but you are certainly not required to infer, that a person intends the natural and probable consequences of acts knowingly done or knowingly omitted. It is entirely up to you, however, to decide what facts to find from the evidence received during this trial. INSTRUCTION NO. _____ There is nothing particularly different in the way that a juror should consider the evidence in a trial from that in which any reasonable and careful person would deal with any very important question that must be resolved by examining facts, opinions, and evidence. You are expected to use your good sense in considering and evaluating the evidence in the case. Use the evidence only for those purposes for which it has been received and give the evidence a reasonable and fair construction in the light of your common knowledge of the natural tendencies and inclinations of human beings. Keep constantly in mind that it would be a violation of your sworn duty to base a verdict on anything other than the evidence received in the case and the instructions of the Court. INSTRUCTION NO. ____ It is proper to add the caution that nothing said in these instructions and nothing in any form of verdict prepared for your convenience is meant to suggest or convey in any way or manner any intimation as to what verdict the court thinks you should find. What the verdict shall be is your sole and exclusive duty and responsibility. INSTRUCTION NO. _____ The original written instructions are a part of the court record. You are not permitted to write any notes on the original instructions or to deface them in any way. The original instructions and the exhibits are to be returned to the court at the conclusion of your deliberations. When you go to the jury room, you should first select a foreperson, who will help to guide your deliberations and will speak for you here in the courtroom. The second thing you should do is review the instructions and verdict form. Not only will your deliberations be more productive if you understand the legal principles on which your verdict must be based, but for your verdict to be valid, you must follow the instructions throughout your deliberations. Remember, you are the judges of the facts, but you are bound by your oath to follow the law stated in the original instructions. You may deliberate only while all jurors are present together in the jury room. You must suspend your deliberations until and unless you are all present together in the jury room. Your deliberations will be secret. You will never have to explain your verdict to anyone. Any verdict you reach must represent the collective judgment of the jury. In order to return a verdict, it is necessary that each juror agree to it. In other words, any verdict you reach must be unanimous. Your verdict must be based solely on the evidence received in the case. Nothing you have seen or read outside of court may be considered. Nothing that I have said or done during the course of this trial is intended, in any way, to suggest to you somehow what I think your verdict should be. Nothing said in these instructions and nothing in any form of verdict, which has been prepared for your convenience, is to suggest or convey to you in any way or manner any intimation as to what verdict I think you should return. What the verdict shall be is the exclusive duty and responsibility of the jury. As I have told you many times, you are the sole judges of the evidence and the facts. A verdict form has been prepared for your convenience. You will take the verdict form to the jury room, and when you have reached unanimous agreement as to your verdict, you will have your foreperson write your verdict, date and sign, together with all other jurors, the verdict form. When you have arrived at your verdict and have completed, dated, and signed the verdict form, your foreperson shall notify the bailiff, who, in turn, will notify me. You shall remain in the jury room until I call for you to return to the courtroom. When you return to the courtroom, your foreperson should bring the original instructions and the verdict form with him or her. INSTRUCTION NO. ___ If it becomes necessary during your deliberations to communicate with the court, you may send a note via the bailiff signed by your foreperson or by one or more members of the jury. No member of the jury should ever attempt to communicate with the court regarding the issues of the case by any means other than such a signed writing, and the court will never communicate with any member of the jury on any subject touching the merits of the case other than in writing or orally here in open court. If you do send a note to the court containing a question or request for further direction, please bear in mind that a response will take some time and effort. The court must first notify counsel to return to court. Then the court must confer with counsel, consider their arguments and, if necessary, research the question before reducing the answer or direction, if any, to writing. There may be some questions or matters that under the law the court is not permitted to answer or address. If it is improper for the court to answer the question or address the issue, the court will tell you. Please do not speculate about what the answer to your question might be or why the court is not able to answer a particular question or address a particular matter. You will note from the oath about to be taken by the bailiffs that they too, as well as all other persons, are prohibited to communicate in any way or manner with any member of the jury on any subject touching the merits of the case. Bear in mind also that you are never to reveal to any person – not even to the court – how the jury stands, numerically or otherwise, on the questions before you, until after you have reached a unanimous verdict.
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CASE NO.: CASE CAPTION: PARTIES’ JOINT EXHIBIT LIST PAGE NO.: NUMBER OFFERING DESCRIPTION PARTY STIP IN OUT COMMENTS
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CASE NO.: CASE CAPTION: EXHIBIT LIST OF: (Name and Party Designation) PAGE NUMBER: EX. NO./LTR DESCRIPTION STIP IN OUT COMMENTS
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE ROBERT E. BLACKBURN Date: Case No.: Case Caption: (Name and Party Designation) WITNESS LIST WITNESS DATE(S) TESTIFIED Rev. April 15, 2002
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Pursuant to Fed. R. Civ. P. 16(e), D.C.COLO.LCivR 16.3, and D.C.COLO.LCivR 43.1, the court enters this Trial Preparation Conference Order. IT IS ORDERED as follows: 1. That to resolve pretrial issues implicating Fed. R. Evid. 702, 703, or 704, the following procedural protocol shall be used; provided, further, that unless otherwise ordered, failure to raise an issue concerning a putative expert witness in the time and manner required in this order shall constitute a forfeiture of the issue: a. That expert reports shall conform in substance to the requirements of Fed. R. Civ. P. 26(a)(2)(B) and shall contain and include the following: 1. a complete statement of each expert opinion to be expressed and the bases and reasons therefor; 2. the facts, data, and other information considered by the witness in forming each expert opinion; 3. any exhibits to be used as a summary of or support for each expert opinion; 4. the qualifications of the witness, including a list of all publications authored by the witness within the preceding ten years, stated in a curriculum vitae (“c.v.”); testimony; and 5. the compensation to be paid the expert for the study and 6. a listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years; b. That all motions raising issues under Fed. R. Evid. 702, 703, or 704, as codified and construed shall be filed by [insert date], and marshaled thereafter as prescribed by D.C.COLO.LCivR 7.1(d); c. That for each putative expert witness with respect to whom the movant objects for any reason, the movant shall provide the following: 1. whether the movant contends that the testimony of the expert is unnecessary or irrelevant; and if so, why; 2. whether the movant objects to the qualifications of the witness; and if so, why (stated in detail); and 3. whether the movant objects to any opinion to be offered by the expert; and if so: a. which opinion; and b. the specific basis and authority for any objection stated and presented in terms of Fed. R. Evid. 401, 702(a), (b), (c), or (d), 703, or 704, i.e., whether the objection impugns the relevancy of the opinion, the qualifications of the expert, the sufficiency of the facts and data used in support of the opinion, the principles and methods on which the expert relied in support of the opinion, how the expert has applied the principles and methods reliably to the facts of the case relevant to the opinion, or the facts or data used in forming an opinion on the subject; and d. That for each putative expert witness whose necessity, qualifications, or opinions are opposed by the movant, the party offering the expert shall provide in response to the motion the following: 1. a c.v. for the expert; 2. a statement of each opinion to be offered by the expert that is opposed by the movant; and 2 3. the relevance and bases for each allegedly objectionable statement to be offered by the expert, including a. the facts or data on which the expert relied in support of the opinion made the focus and subject of objection; b. the principles and methods on which the expert relied in support of the opinion made the focus and subject of objection; and c. how the expert has applied the principles and methods reliably to the facts of the case relevant to the opinion made the focus and subject of objection; 2. That trial by jury shall commence ***, at 8:30 a.m., in courtroom A1001, located on the 10th Floor North, of the Alfred A. Arraj, United States Courthouse Annex, 901 19th Street, Denver, Colorado 80294, at which trial all parties shall appear in person without further notice, order, or subpoena; 3. That the court reserves *** days for trial [specify days]: 4. That counsel and any pro se party shall appear in courtroom A1001 on the first day of trial at 8:00 a.m., to review and discuss with the courtroom deputy clerk and the court, if necessary, any final details, arrangements, or requirements concerning the trial; 5. That a combined Final Pretrial Conference and Trial Preparation Conference (conference) shall commence on ***, at ***.m., in courtroom A1001; 6. That lead counsel and any pro se party shall attend the conference; 7. That for use and consideration during the conference, the parties shall file in CM/ECF and submit via email to [email protected] a proposed Final Pretrial Order in the time, manner, and form prescribed by D.C.COLO.LCivR 16.3 3 and the “Instructions for Preparation of Final Pretrial Order” to Local Rules of Practice - Forms click here; except that the proposed Final Pretrial Order under section “6. EXHIBITS”shall not require the parties to list the exhibits to be offered by each party as otherwise required under subsection “a” (See instead, paragraph 8, infra.), and shall provide under subsection “b” that copies of exhibits must be provided to opposing counsel or any pro se party no later than 45 days before trial and that objections to the exhibits must be served by personal delivery, electronic mail, or facsimile no later than 30 days before trial; 8. That at the outset of the conference, the parties shall submit one Parties’ Joint Exhibit List on the form required by the court (an original for the court with copies for the courtroom deputy clerk, the court reporter, and all other parties) and in addition to the information required to be submitted under section “6. WITNESSES” of the final pretrial order, each party shall submit on the Witness List form required by the court (an original for the court with copies for the courtroom deputy clerk and all other parties) a “will call” witness list enumerating the name and address (city or county and state only) of each witness that will be called and a “may call” witness list enumerating the name and address (city or county and state only) of each witness that may be called; provided, furthermore, that the “will call” witness list constitutes a representation on which the court and every other party may rely that the “will call” witnesses listed will be present and available to testify during trial; 9. That pursuant to REB Civ. Practice Standard III.A.4.b., immediately before commencement of trial, the parties shall submit to the courtroom deputy clerk the exhibits identified in their joint exhibit list (a set of original exhibits for use by the witnesses and copies for the court, the courtroom deputy clerk, opposing counsel (one 4 set per party), and any pro se party); 10. That at the conference the parties shall be prepared to review and discuss, inter alia, the following: a. the proposed Final Pretrial Order; b. stipulated and proposed jury instructions and verdict forms; c. voir dire questions; d. the jury selection process and the use of juror questionnaires; e. identification of all persons permitted to be seated at each party’s table; f. the pronunciation of problematic party’s and witness’ names; g. the names or monikers that may be used when referring to a party or a h. identification of “will call” and “may call” witnesses; i. use of deposition testimony: 1. designation of specific testimony by page and line; and 2. identification of the person selected to read deposition answers; j. use of video depositions: 1. resolution of objections; 2. pretrial redaction, if necessary; and 3. arrangements for necessary equipment to broadcast the k. issues concerning witnesses and exhibits; l. the allocation of trial time between the parties; m. the admission of stipulated exhibits or exhibits about which there are witness; deposition; no objections; 5 n. timing of publication, if any, of trial exhibits to the jury; o. anticipated evidentiary issues; p. the necessity for cautionary or limiting instructions; q. requests or requirement for trial briefs; r. exemptions from the order of sequestration of witnesses; s. security precautions, requirements, or issues; t. training on the use of courtroom technology; u. transporting and bringing equipment, models, props, or other property into the courthouse and courtroom for use during trial1; and v. courtroom etiquette and protocol; 11. That unless ordered otherwise, each side shall be permitted voir dire examination not to exceed 15 minutes following voir dire examination by the court, but shall not reiterate questions previously propounded by the court or another party; 12. That unless ordered otherwise, the jurors shall not be sequestered before deliberations; 13. That trial witnesses subject to sequestration under Fed. R. Evid. 615 shall be sequestered by order entered sua sponte immediately before opening statements; 14. That unless ordered otherwise, opening statements shall be limited to thirty (30) minutes per party; 1 The court has audio, video, audio-visual, evidentiary presentation, and other special equipment that may be used by the parties. A listing of available equipment can be found on the District Court’s website at click here under “Courtroom Technology Manual for Attorneys.” Arrangements for training on courtroom technology must be made with the courtroom deputy clerk, Kathleen Finney, at (303)335- 2099, at least 14 days before trial. Notify the courtroom deputy clerk no later than fourteen (14) days before the date and time you need such equipment or need your own equipment to be brought through security for use in the courtroom 6 15. That the court will not engage in the examination of any witness, except to eschew plain error; 16. That objections made in the presence or hearing of the jury, i.e., so-called “speaking” objections, shall be stated as succinctly as practicable and supported by recitation of apposite authority when possible; however, neither counsel nor a pro se party shall speechify an objection in the presence or hearing of the jury [See Fed. R. Evid. 103(d)]; 17. That unless interrupted or otherwise ordered by the court, in marshaling motions or objections during trial, the following sequential protocol shall be observed: objection, response, reply, ruling; 18. That to eliminate or minimize bench or sidebar conferences, each party shall be responsible to inform the courtroom deputy clerk by the conclusion of a trial day about any issue which should be considered before commencing trial on the next scheduled day of trial and at the outset of a trial day about any issue which should be considered at the conclusion of that trial day; 19. That to facilitate preparation, marshaling, and consideration of proposed jury instructions and verdict forms, the parties shall identify and enumerate each individual jury instruction in the heading or title as specified in REB Civ. Practice Standard V.C.4.; provided, furthermore, the parties shall similarly identify and enumerate all proposed verdict forms and special interrogatories; 20. That unless ordered otherwise, closing argument shall be limited to forty-five (45) minutes total for each party; 21. That not later than five (5) business days before commencement of trial, counsel and any pro se party shall file and provide the court, the court reporter, the 7 courtroom deputy clerk, opposing counsel, and any pro se party with a glossary of any difficult, unusual, scientific, technical, and/or medical jargon, words, names, terms and/or phrases; and 22. That for additional information about courtroom protocol, courtroom technology and training, trial preparation, transport of items into the courthouse and courtroom, or submission of trial exhibits, the courtroom deputy clerk, Kathleen Finney, at (303)335-2099, should be contacted. Dated ***, at Denver, Colorado. BY THE COURT: 8