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- SCOPE, PURPOSE, AND CONSTRUCTION
- COMMENCEMENT OF ACTION, SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
- PLEADINGS AND MOTIONS
- DEPOSITIONS AND DISCOVERY
- PROVISIONAL AND FINAL REMEDIES
- SPECIAL PROCEEDINGS
- DISTRICT COURT AND CLERK
- GENERAL PROVISIONS
SCOPE OF THE LOCAL CIVIL RULES
(a) Title and Citation. These rules shall be known as the Local Rules of Practice of the United States District Court for the District of Colorado - Civil. These rules shall be cited as D.C.COLO.LCivR Rule, Subdivision, Paragraph, Subparagraph, Item (e.g., D.C.COLO.LCivR 72.1(b)(1)(A)).
(b) Effective Date. Unless otherwise stated, these rules are effective as of December 1 of each year.
(c) Scope. These rules apply in all civil actions, cases, and proceedings (civil actions) in the United States District Court for the District of Colorado, except as specifically addressed in Section III - Local Patent Rules and Section IV - AP Rules.
(d) Numbering and Indexing. These rules are numbered and indexed insofar as practicable in accordance with the specific designations of the Judicial Conference Uniform Numbering System.
(e) Judicial Officer. Judicial officer means a district judge, magistrate judge, or circuit judge sitting by assignment.
(f) Clerk. Clerk means the clerk of the court or a deputy clerk.
(g) CM/ECF. CM/ECF is the Case Management/Electronic Case Filing system of the court.
(h) Pilot Programs or Special Projects. A pilot program or special project may be authorized by the court following reasonable public notice and opportunity for public comment.
(1) Public notice shall specify:
(A) the purpose of the pilot program or special project;
(B) the term of the pilot program or special project;
(C) the effect on any local rule of practice; and
(D) any requirement necessary to implement or facilitate the pilot program or special project.
(2) The term for a pilot program or special project shall not exceed 18 months, but may be extended for one six-month period in conjunction with the promulgation of a corresponding local rule.
Court approved forms are on the court’s website HERE. A form may be modified by the court or a judicial officer at any time. A form modified by a judicial officer may be under the judicial officer’s practice standards on the court’s website.
FORMS OF ACTION
A proceeding not defined as a civil action under Fed. R. Civ. P. 2 shall be filed as a civil miscellaneous ("mc") or registered judgment ("rj") action only if it is included in the List of Miscellaneous Cases provided HERE and on payment of the fee required in the Schedule of Fees HERE.
CIVIL COVER SHEET
A properly completed Civil Cover Sheet HERE shall be filed at the commencement of each civil action. If the filing party is represented by counsel, the Civil Cover Sheet shall be completed and signed by an attorney of record in the case. In actions governed by Section IV - AP Rules, the filing party shall check the box titled "AP Docket" to the Brief Description field in Section VI of the Civil Cover Sheet. Disputes as to the AP Docket designation shall be addressed by motion filed before an answer or other response is due.
NOTICE OF RELATED CASES
(a) Notice. A party to a case shall file a notice identifying all cases pending in this or any other federal, state, or foreign jurisdiction that are related to the case. Under this rule, no party may seek special assignment, reassignment, or transfer of a related case from one judicial officer to another.
(b) Related Cases. Related cases are cases that have common facts and claims and
(1) have at least one party in common; or
(2) are filed serially or collectively as a group by the same attorney or law firm.
(c) Time for Filing; Supplemental Filing.
(1) A party shall file the required notice at the time of its first appearance or the filing of its first pleading or document, or other matter addressed to the court.
(2) A party shall file promptly a supplemental notice of any change in the information required under this rule.
(d) Procedure on Notice. On notice of a related case, the judicial officer with the lowest numbered case shall confer with every other judicial officer to whom a related case is assigned to discuss whether the related cases should be submitted for special assignment or reassignment under D.C.COLO.LCivR 40.1(a) or transfer under D.C.COLO.LCivR 40.1(d)(4)(B).
FORMATTING, SIGNATURES, FILING, AND SERVING PLEADINGS AND DOCUMENTS
(a) Electronic Formatting, Signatures, and Filing. Unless otherwise provided in this rule or otherwise ordered, each pleading and document filed in a civil action shall be formatted, signed, and filed electronically in CM/ECF as prescribed by the Electronic Case Filing Procedures HERE.
(b) Exceptions to Electronic Formatting and Filing.
(1) Materials that Cannot Be Converted to Electronic Form. An item such as a videotape, audiotape, etc. shall be filed by delivery to the clerk’s office.
(2) Pleadings and Documents by Unrepresented Prisoners. These shall be filed in paper.
(3) Pleadings and Documents by Other Unrepresented Parties. These shall be filed in paper unless the filing party obtains authorization to use electronic filing under the Electronic Case Filing Procedures HERE.
(4) E-mailed Documents. The Electronic Case Filing Procedures specify the documents that shall be e-mailed to the court to open a case HERE.
(c) Formatting and Filing of Pleadings and Documents and Maintenance of Contact Information by an Unrepresented Prisoner or Party. If not filed electronically, an unrepresented prisoner or party shall use the procedures, forms, and instructions posted on the court’s website HERE. If the unrepresented party is a prisoner and is unable to access the website, on request the clerk shall provide copies of the necessary procedures, forms, and instructions. Notice of change of name, mailing address, or telephone number of an unrepresented prisoner or party shall be filed not later than five days after the change. A user of CM/ECF shall keep his/her primary and alternative e-mail address current. Instructions for a user to update and maintain his/her CM/ECF account are HERE.
(d) Electronic Service. When a pleading or document is filed in CM/ECF, it is served electronically under Fed. R. Civ. P. 5. The time to respond or reply shall be calculated from the date of electronic service, regardless of whether other means of service are used. The Notice of Electronic Filing (NEF) generated by CM/ECF constitutes a certificate of service. Registration in CM/ECF shall constitute consent to electronic service of all pleadings or documents.
(a) All Cases. In addition to the documents specified in Fed. R. Civ. P. 5(d)(1), a deposition notice and a discovery subpoena shall not be filed. Unless otherwise ordered a party who arranges for a deposition transcript or recording or who serves discovery shall act for the court as custodian of all non-filed discovery materials. The custodian shall bring the original sealed transcript to trial.
(b) Prisoner Cases. To achieve electronic service, an unrepresented prisoner who is proceeding in forma pauperis may file written discovery requests under Fed. R. Civ. P. 31, 33, 34, and 36.
(c) Written Discovery Requests and Responses. Except in prisoner cases or unless otherwise ordered, written discovery requests and responses shall be exchanged by private e-mail or other non-paper means.
EXTENSION OF TIME OR CONTINUANCE
(a) Extension of Time. The parties may stipulate in writing to one extension of not more than 21 days beyond the time limits prescribed by the Federal Rules of Civil Procedure to respond to a pleading or amended pleading, interrogatories, requests for production of documents, or requests for admissions. The stipulation must be filed before the expiration of the time limits to respond prescribed in the Federal Rules of Civil Procedure and shall be effective on filing, unless otherwise ordered. Any other request for an extension of time or continuance must be approved by court order on motion.
(b) Content of Motion for Extension of Time or Continuance. A motion for extension of time or continuance shall state the reason for an extension or continuance, the length of the requested extension or continuance, and the total number of extensions or continuances granted previously.
(c) Service on Client. When a stipulation or motion for extension of time or continuance is filed, it shall be served contemporaneously by counsel on his or her client.
(a) Duty to Confer. Before filing a motion, counsel for the moving party or an unrepresented party shall confer or make reasonable good faith efforts to confer with any opposing counsel or unrepresented party to resolve any disputed matter. The moving party shall describe in the motion, or in a certificate attached to the motion, the specific efforts to fulfill this duty.
(b) Exceptions to the Duty to Confer:
(1) a motion filed in a case involving an unrepresented prisoner;
(2) a motion brought under Fed. R. Civ. P. 12;
(3) a motion brought under Fed. R. Civ. P. 56; or
(4) a motion brought under D.C.COLO.LAttyR 5(b).
(c) Unopposed Motion. If a motion is unopposed, it shall be titled “Unopposed Motion for ________.”
(d) Motion, Response and Reply; Time for Serving and Filing; Length. Excluding motions filed under Fed. R. Civ. P. 56 or 65, a motion involving a contested issue of law shall state under which rule or statute it is filed and be supported by a recitation of legal authority in the motion. The responding party shall have 21 days after the date of service of a motion, or such lesser or greater time as the court may allow, in which to file a response. The moving party may file a reply no later than 14 days after the date of service of the response, or such lesser or greater time as the court may allow. The date of service of a motion electronically filed shall be determined under D.C.COLO.LCivR 5.1(d). Nothing in this rule precludes a judicial officer from ruling on a motion at any time after it is filed. A motion shall not be included in a response or reply to the original motion. A motion shall be filed as a separate document.
(e) Citations. Every citation in a motion, response, or reply shall include the specific page or statutory subsection to which reference is made. If an unpublished opinion is cited, a copy of the opinion shall be provided to any unrepresented party.
(f) Supplemental Authority. If the matter is set for hearing, any supplemental authority shall be filed at least seven days before the hearing.
(g) Proposed Order. A moving party may submit a proposed order with an unopposed motion or nondispositive motion. A general order attached to a motion (such as “it is ordered” or “so ordered”) is not permitted. A proposed order shall be a separate document, bear a separate caption, and set out clearly the order’s basis and terms.
(h) Hearing. A motion may be decided without oral argument, at the court’s discretion.
(i) Sanctions. Motions, responses, and replies shall be concise. A verbose, redundant, ungrammatical, or unintelligible motion, response, or reply may be stricken or returned for revision, and its filing may be grounds for sanctions.
PUBLIC ACCESS TO DOCUMENTS AND PROCEEDINGS
(a) Policy. Unless restricted by statute, rule of civil procedure, or court order, the public shall have access to all documents filed with the court and all court proceedings.
(b) Levels of Restriction. There are three levels of restriction. Level 1 limits access to the parties and the court. Level 2 limits access to the filing party and the court. Level 3 limits access to the court.
(c) Motion to Restrict. A motion to restrict public access shall be open to public inspection and shall:
(1) identify the document or the proceeding for which restriction is sought;
(2) address the interest to be protected and why such interest outweighs the presumption of public access (stipulations between the parties or stipulated protective orders with regard to discovery, alone, are insufficient to justify restriction);
(3) identify a clearly defined and serious injury that would result if access is not restricted;
(4) explain why no alternative to restriction is practicable or why only restriction will adequately protect the interest in question (e.g., redaction, summarization, restricted access to exhibits or portions of exhibits); and
(5) identify the level of restriction sought.
(d) Public Notice of Motion to Restrict; Objection. Notice of the filing of such motion shall be posted on the court’s website on the court business day following the filing of the motion. Any person may file an objection to the motion to restrict no later than three court business days after posting. Absent exigent circumstances, no ruling on a motion to restrict shall be made until the time for objection has passed. The absence of objection shall not alone result in the granting of the motion.
(e) Filing Restricted Documents. A document subject to a motion to restrict shall be filed as a restricted document and shall be subject to restriction until the motion is determined by the court. If a document is filed as a restricted document without an accompanying motion to restrict, it shall retain a Level 1 restriction for 14 days. If no motion to restrict is filed within such time period, the restriction shall expire and the document shall be open to public inspection.
UNREPRESENTED (PRO SE) PARTIES
(a) Review of Unrepresented Party Pleadings. A judicial officer designated by the Chief Judge shall review the pleadings of an unrepresented party who is allowed to proceed without prepayment of fees to determine whether the pleadings should be dismissed summarily. A judicial officer may request additional facts or documentary evidence necessary to make this determination.
(b) Review of Prisoner Pleadings. A judicial officer designated by the Chief Judge shall review the pleadings of a prisoner (whether represented by counsel or not) to determine whether the pleadings should be dismissed summarily if the prisoner is
(1) proceeding without prepayment of fees;
(2) challenging prison conditions;
(3) seeking redress from a governmental entity, officer, or employee; or
(4) asserting claims pertinent to his or her conviction or sentence, except in death penalty cases.
A judicial officer may request additional facts or documentary evidence necessary to make this determination.
(c) Assignment. If an action is not dismissed summarily, the action shall be assigned to a district judge and/or a magistrate judge under D.C.COLO.LCivR 40.1. A judicial officer to whom the action is assigned may order issuance of a summons.
FORMAT OF PLEADINGS AND DOCUMENTS PRESENTED FOR FILING
(a) Scope. This rule applies to all pleadings and documents presented for filing.
(b) Size. All pleadings and documents shall be on 8½ by 11 inch white paper.
(c) Margins. Margins shall be 1½ inches at the top and 1 inch at the left, right, and bottom of each page.
(d) Font. Unless otherwise ordered, all typewritten pleadings and documents shall use black ink and not less than 12 point font.
(e) Spacing. All pleadings and documents shall be double spaced.
(f) Text. Text shall be printed on one side of the page only.
(g) Legibility. All handwritten pleadings and documents shall be legible, utilizing upper and lower case lettering.
(a) Amendment as a Matter of Course or by Consent. A party other than an unrepresented prisoner who files an amended pleading under Fed. R. Civ. P. 15(a)(1) or with the consent of the opposing party shall file a separate notice of filing the amended pleading and shall attach as an exhibit a copy of the amended pleading which strikes through (e.g. strikes through) the text to be deleted and underlines (e.g. underlines) the text to be added.
(b) Amendment By Motion. A party other than an unrepresented prisoner who files an opposed motion for leave to amend a pleading shall attach as an exhibit a copy of the proposed amended pleading which strikes through (e.g. strikes through) the text to be deleted and underlines (e.g. underlines) the text to be added. Unless otherwise ordered, the proposed amended pleading shall not incorporate by reference any part of the preceding pleading, including exhibits. Unless otherwise ordered, if a motion for 9 leave to amend a pleading is granted, the moving party shall file and serve the amended pleading on all parties under Fed. R. Civ. P. 5 no later than 14 days after the filing of the order granting leave to amend.
A scheduling conference shall be convened by a judicial officer to develop a scheduling order. The order setting the scheduling conference shall set the deadline for the parties to meet and attempt to agree on a scheduling order under Fed. R. Civ. P. 26(f). Except in cases removed to this court or cases where the parties have agreed otherwise, plaintiff shall file the proposed scheduling order. In a case removed to this court, the party who removed the case shall file the proposed scheduling order.
Unless otherwise ordered, a scheduling order shall be in the form and shall comply with the instructions HERE.
FINAL PRETRIAL ORDER
Unless otherwise ordered, a final pretrial order shall be in the form and shall comply with the instructions HERE.
ALTERNATIVE DISPUTE RESOLUTION
(a) Alternative Dispute Resolution. Under 28 U.S.C. § 652, all litigants in civil actions shall consider the use of an alternative dispute resolution process. A district judge or a magistrate judge exercising consent jurisdiction may direct the parties to engage in an early neutral evaluation or other alternative dispute resolution proceeding. To facilitate settlement or resolution of the suit, the district judge or a magistrate judge exercising consent jurisdiction may stay the action in whole or in part during a time certain or until further order. Relief from an order under this rule may be requested by motion showing good cause.
(b) Definition of Early Neutral Evaluation. Early neutral evaluation means a nonbinding, non-adjudicative assessment of a case by a magistrate judge.
(c) Disqualification of Neutrals. A magistrate judge providing early neutral evaluation may be disqualified under the provisions of 28 U.S.C. §§ 144 or 455.
(d) Designation of Court ADR Administrator. Under 28 U.S.C. § 651(d), the clerk of the court is designated to implement, administer, oversee, and evaluate the court's alternative dispute resolution program.
(e) Confidentiality. A party or the magistrate judge in an alternative dispute resolution proceeding shall not voluntarily disclose or through discovery or compulsory process be required to disclose any information concerning any communication provided in confidence to the magistrate judge in connection with an early neutral evaluation or other alternative dispute resolution proceeding.
[No Local Rules]
COMPLIANCE WITH FED. R. CIV. P. 26 REQUIREMENTS
(a) Proposed Scheduling Order. The tendering of a proposed scheduling order in the form HERE shall satisfy the requirement to submit a written report outlining the discovery plan under Fed. R. Civ. P. 26(f).
(b) Pretrial Disclosures. Disclosures under Fed. R. Civ. P. 26(a)(3) shall be made in the proposed final pretrial order HERE.
Unless otherwise ordered by the court, reasonable notice for taking a deposition shall be not less than 14 days, as computed under Fed. R. Civ. P. 6. Before sending a notice to take a deposition, counsel or the unrepresented party seeking the deposition shall make a good faith effort to schedule it in a convenient and cost effective manner.
FILING MOTION FOR PROTECTIVE ORDER, MOTION TO LIMIT EXAMINATION, OR OBJECTION TO DISCOVERY ORDER
(a) Motion for Protective Order or to Limit Examination. Pending resolution of a motion or request for relief under Fed. R. Civ. P. 26(c) or 30(d), the discovery to which the motion or request is directed shall be stayed unless otherwise ordered. A non-prevailing party may be subject to an award of expenses, fees, and costs under Fed. R. Civ. P. 37(a)(5).
(b) Objection to Discovery Order by Magistrate Judge. An objection under Fed. R. Civ. P. 72(a) to an order by a magistrate judge concerning discovery does not stay the discovery to which the order is directed. A stay of the order shall be obtained by motion filed with the magistrate judge, and if denied, then with the assigned district judge.
SANCTIONS FOR ABUSIVE DEPOSITION CONDUCT
(a) Prohibited Conduct. In addition to the conduct prohibited by Fed. R. Civ. P. 30(d)(3)(A), the following abusive deposition conduct is prohibited:
(1) making an objection or a statement that has the effect of coaching the deponent or suggesting an answer;
(2) interrupting examination by counsel except to determine whether to assert a privilege.
(b) Appointment of Master. A judicial officer may appoint a master under Fed. R. Civ. P. 53 to regulate deposition proceedings.
(c) Location of Deposition. A judicial officer may order that a deposition be taken at a specific location.
(d) Expenses, Costs, and Fees. When a judicial officer determines that a party or counsel unreasonably has interrupted, delayed, or prolonged a deposition, whether by excessive questioning, objecting, or other conduct, that party or its counsel, or both, may be ordered to pay each other party’s expenses, including without limitation, reasonably necessary travel, lodging, reporter’s fees, attorney fees, and videotaping expenses, for that portion of the deposition determined to be excessive. In addition, that party or its counsel, or both, may be required to pay all such costs and expenses for any additional depositions or hearings made necessary by its misconduct.
A motion under Fed. R. Civ. P. 26 or 37 directed to an interrogatory, request, or response under Fed. R. Civ. P. 33, 34, or 36 shall set forth either in the text of the motion or in an exhibit to the motion the specific interrogatory, request, or response to which the motion is directed.
ASSIGNMENT OF CASES
(a) Assignment in General. Except as provided in this rule and under
D.C.COLO.LCivR 8.1 and Section IV - AP Rules, civil actions shall be assigned to judicial officers by random draw. Work parity shall be maintained among active district judges and among full-time magistrate judges, provided that a majority of active district judges may adjust the assignment of cases to the Chief Judge as may be necessary for the performance of the duties of that office, and may, for good cause, approve special assignment or reassignment of cases among the judicial officers of the court. All other reassignments of cases shall be subject to the approval of the Chief Judge.
(b) Random Draw by Computer. The clerk shall maintain a computerized program to achieve work parity among judicial officers through random and public assignment of new cases. A senior judge may decline assignment of cases and, on notice to the Chief Judge, limit participation in the random draw by a stated percentage.
(c) Direct Assignment to Magistrate Judges.
(1) All full time magistrate judges shall be included in the assignment of civil actions under Subdivision (a), subject to the other provisions of this rule.
(2) The following civil actions shall not be assigned directly to a magistrate judge:
(a) A civil action in which a motion for injunctive relief is filed;
(b) A civil action brought under 28 U.S.C. § 2255 if the sentencing judge is still in regular active service or is rendering substantial assistance as a senior judge;
(c) A civil action or proceeding brought under or related to Title 11, United States Code; and
(d) any other civil action excluded from direct assignment by a majority of the district judges.
(3) The following civil actions, by way of example only, although initially assigned directly to a magistrate judge, shall be reassigned to a district judge:
(a) an action in which a motion for default judgment is filed;
(b) an action which on initial review should be dismissed or administratively closed, unless there is consent; or
(c) an action identified by a majority of the district judges or subject to reassignment under Subdivision (a).
(4) On the filing of a civil action eligible for direct assignment to a magistrate judge, the clerk shall deliver to the plaintiff(s) the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form HERE, which the plaintiff(s) shall attach to the summons and serve on the defendant(s). Failure to serve the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form shall not affect the validity of service of process or personal jurisdiction over a defendant. Unless otherwise ordered, each party shall complete and file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form no later than (a) seven days before the scheduling conference, if any; or (b) 45 days after the filing of the first response, other than an answer, to the operative complaint, whichever is earlier. Filing of the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form is mandatory.
(5) Consent to magistrate judge jurisdiction is voluntary, and no adverse consequence shall result if consent is declined.
(6) In a civil action assigned directly to a magistrate judge, if all parties consent to magistrate judge jurisdiction, the magistrate judge shall notify the Chief Judge or his/her designee, who shall determine whether to enter an order of reference under 28 U.S.C. § 636(c).
(7) Any party added to the civil action after reference to a magistrate judge shall be notified by the clerk of the obligation to complete and file the mandatory Consent/Non-Consent to United States Magistrate Judge Jurisdiction form. If any added party does not consent to magistrate judge jurisdiction within 21 days from the date of the notice, the civil action shall be assigned to a district judge under D.C.COLO.LCivR 40.1(a), and the magistrate judge shall continue on the case as if consent had been declined initially.
(8) If consent to magistrate judge jurisdiction is declined by any party, no order of reference is entered or the order of reference is vacated, the civil action shall be assigned to a district judge under D.C.COLO.LCivR 40.1(a), and the magistrate judge shall continue on the case as if consent had been declined initially.
(9) The Chief Judge or his/her designee may sua sponte for good cause or on motion of a party for extraordinary circumstances vacate the order of reference.
(10) A case assigned directly to a magistrate judge in which there is consent may be assigned randomly to another magistrate judge to conduct an early neutral evaluation or other alternative dispute resolution proceeding under D.C.COLO.LCivR 16.6.
(11) If after direct assignment, a magistrate judge recuses and the action is assigned to another magistrate judge, each party shall complete a Consent/Non-Consent to United States Magistrate Judge Jurisdiction form no later than (a) 21 days after assignment to the successor magistrate judge; or (b) the deadline imposed in Paragraph 4, whichever is later.
(d) Special Assignment.
(1) If an unrepresented party in a new case already has a case pending or had a case terminated within 12 months of the new filing, the new case shall be assigned to the judicial officers who were assigned the earlier case.
(2) Once a bankruptcy appeal or motion to withdraw the reference has been assigned to a district judge by random draw, any case subsequently filed concerning the same debtor in bankruptcy shall be assigned to the same district judge.
(3) On filing a civil forfeiture proceeding, the United States Attorney shall notify the clerk in writing when a potential claimant is a defendant in a pending criminal case. The civil action shall be assigned to the judicial officer to whom the criminal case is assigned.
(4) A new case that is related under D.C.COLO.LCivR 3.2 to a pending case may be assigned to the same judicial officers:
(A) by reassignment on a majority vote of the active district judges under D.C.COLO.LCivR 40.1(a);
(B) by reassignment with approval of the Chief Judge under
D.C.COLO.LCivR 40.1(a); or
(C) by entry of an order granting a motion to consolidate under Fed. R. Civ. P. 42(a) and D.C.COLO.LCivR 42.1.
(5) If a case that has been remanded is removed again, the case shall be assigned to the judicial officers who were assigned the case initially.
(6) A party may not seek a reassignment under paragraph (d)(4) or D.C.COLO.LCivR 3.2.
(e) “AP” Cases. On the filing of an AP case, the clerk shall assign a case number without random selection to any district judge designated by the Chief Judge for pre-merits management under Section IV of these rules.
(f) Recusal. Recusal of an active judicial officer shall be by written order stating the reasons.
(g) Adjustments. On recusal under this rule or D.C.COLO.LCivR 42.1, the clerk shall adjust the computerized program to maintain work parity among active district judges and among full-time magistrate judges.
TRIAL CALENDAR AND NOTICE OF SETTLEMENT OR RESOLUTION
(a) Calendar. Each judicial officer shall maintain a trial calendar that preserves the priorities required by law.
(b) Notice of Settlement or Resolution. When the parties have agreed to settle or otherwise resolve a pending matter, they shall notify the court immediately.
A judicial officer may issue an order to show cause why a case should not be dismissed for failure to prosecute or failure to comply with these rules, the Federal Rules of Civil Procedure, or a court order. If good cause is not shown, a district judge or a magistrate judge exercising consent jurisdiction may enter an order of dismissal with or without prejudice.
A district judge or a magistrate judge exercising consent jurisdiction may order the clerk to close a civil action administratively subject to reopening for good cause. Administrative closure of a civil action terminates any pending motion. Reopening of a civil action does not reinstate any motion.
MOTION TO CONSOLIDATE
A motion to consolidate shall be filed in the lowest numbered case included in the proposed consolidation and shall be decided by the district judge to whom the lowest numbered case is assigned. A notice of filing of a motion to consolidate shall be filed by the movant as a party or, with the assistance of the clerk, as an interested party in all other cases proposed for consolidation. A motion to consolidate shall be given priority. Consolidated cases shall be reassigned to the judicial officer(s) to whom the lowest numbered consolidated case was assigned.
HEARING AND TRIAL PROCEDURES
A judicial officer presiding over a hearing or trial may establish governing procedures. Judicial practice standards are HERE.
Except as provided in D.C.COLO.LCivR 30.1 or unless otherwise ordered by the court, a subpoena shall be served no later than seven days before the date specified in the subpoena. The seven-day period shall be calculated under Fed. R. Civ. P. 6(a)(1).
COMMUNICATION WITH JURORS
A party or attorney shall not communicate with, or cause another to communicate with, a juror or prospective juror before, during, or after a trial without order of the judicial officer to whom the case is assigned.
TAXATION OF COSTS
Each judgment or final order shall indicate any party entitled to costs. Unless otherwise ordered, the clerk shall tax costs in favor of a prevailing party or parties. A bill 15 of costs shall be filed on the form provided by the court HERE no later than 14 days after entry of the judgment or final order. After filing a bill of costs and prior to appearing before the clerk, counsel and any unrepresented party seeking costs shall file a written statement that they have conferred as to disputes regarding costs. If all disputes are resolved, a stipulation specifying costs shall be filed with the court.
JURY COST ASSESSMENT
Unless the court is notified in writing before noon on the last business day before trial that a civil action has been resolved, jury costs may be assessed against any party or counsel.
(a) Motion Supported by Affidavit. Unless otherwise ordered, a motion for attorney fees shall be supported by affidavit.
(b) Content of Motion. The motion shall include the following for each person for whom fees are claimed:
(1) a summary of relevant qualifications and experience; and
(2) a detailed description of the services rendered, the amount of time spent, the hourly rate charged, and the total amount claimed.
DEFAULT JUDGMENT FOR A SUM CERTAIN
(a) Required Showing. To obtain a default judgment under Fed. R. Civ. P. 55(b)(1), a party shall show by motion supported by affidavit:
(1) that the defendant who has been defaulted:
(A) is not a minor or an incompetent person;
(B) is not in the military service, as set forth in the Service members Civil Relief Act, 50 App. U.S.C. § 521, Protection of Service members Against Default Judgments;
(C) has not made an appearance; and
(2) the sum certain or the sum that can be made certain by computation.
(b) Form of Judgment. The moving party shall submit a proposed form of judgment that recites:
(1) the party or parties in favor of whom judgment shall be entered;
(2) the party or parties against whom judgment shall be entered;
(3) when there are multiple parties against whom judgment shall be entered, whether the judgment shall be entered jointly, severally, or jointly and severally;
(4) the sum certain consisting of the principal amount, prejudgment interest, and the rate of postjudgment interest; and
(5) the sum certain of attorney fees enumerated in the document on which the judgment is based.
MOTION FOR SUMMARY JUDGMENT
(a) Motion. A motion under Fed. R. Civ. P. 56 for summary judgment or partial summary judgment shall include a statement of undisputed facts, argument, and legal authority incorporated into the motion in lieu of a separate opening brief. Unless otherwise ordered, a response shall be filed no later than 21 days of the date of service of the motion, and a reply may be filed no later than 14 days of the date of service of the response.
(b) Cross Motion. A cross motion for summary judgment shall be filed as a separate motion subject to Subdivision (a).
(c) Exhibits to Motion or Briefs. Voluminous exhibits are discouraged. Parties shall limit exhibits to essential portions of documents. Unless otherwise ordered, copies of documents attached as exhibits to a motion shall not be attached as exhibits to a response, and copies of documents attached as exhibits to a response shall not be attached as exhibits to a reply. Any additional exhibit shall be attached to the corresponding response or reply and consecutively numbered or lettered.
TEMPORARY RESTRAINING ORDER
(a) Motion. A temporary restraining order shall be requested by motion filed separately from the complaint. The motion shall be accompanied by a certificate of counsel or an unrepresented party, stating:
(1) that actual notice of the time of filing the motion, and copies of all pleadings and documents filed in the action to date or to be presented to the court at the hearing, have been provided to opposing counsel and any unrepresented adverse party; or
(2) the efforts made by the moving party to provide the required notice and documents. Except as provided by Fed. R. Civ. P. 65(b)(1), the court shall not consider an ex parte motion for temporary restraining order.
(b) Proposed Order. A proposed temporary restraining order shall be submitted with a motion for temporary restraining order.
BONDS AND OTHER SURETIES
(a) Prohibition. A party (individual or entity), a spouse of a party, or an attorney for a party in a civil action, shall not serve as a personal surety on any bond in that civil action.
(b) Surety Company; Power of Attorney. If the surety on a bond is a surety company approved by the United States Department of the Treasury, a power of attorney evidencing the authority of the agent signing the bond shall be filed with the clerk.
(a) Deposit of Funds in Court Registry. Unless a statute requires otherwise, funds shall be tendered to the court or its officers for deposit into the registry only under court order. A depositor shall identify in writing the order authorizing deposit by reference to the relevant docket entry in CM/ECF.
(b) Investment of Funds in Registry. Unless otherwise ordered, all funds deposited into the registry shall be deposited in an interest bearing account through the Court Registry Investment System (CRIS).
(c) Registry Fee. Registry fees shall be deducted under 28 U.S.C. § 1914 and any regulation promulgated thereunder.
(d) Disbursement of Funds in Registry. Funds in the registry shall be disbursed only by court order. A proposed order to disburse funds shall include the payee's full name and complete address and the amount to be disbursed. If more than $10.00 of interest is to be disbursed, the proposed order shall be accompanied by a completed IRS Form W-9 (which shall be filed under restricted access). The party requesting disbursement of funds shall provide to the clerk a copy of the order authorizing disbursement including its CM/ECF docket number.
(e)Interpleader funds deposited under 28 U.S.C. § 1335 are defined by the IRS as a Disputed Ownership Fund (DOF), a taxable entity that requires tax administration. Unless otherwise ordered, interpleader funds shall be deposited in the DOF established in the CRIS and administered by the Administrative Office of the United States Courts (AO), which shall be responsible for meeting all DOF tax administration requirements. The Director of the AO is designated as the custodian of funds deposited in the DOF.
GENERAL AUTHORITY AND DUTIES OF A MAGISTRATE JUDGE
(a) General Authority. Except as restricted by these rules, a magistrate judge may exercise all powers and duties authorized by federal statutes, regulations, and the Federal Rules of Civil Procedure.
(b) Duties. A magistrate judge may:
(1) issue administrative inspection warrants;
(2) issue civil seizure warrants under 21 U.S.C. § 881 and 18 U.S.C. § 981-983.
(3) issue search and seizure warrants for levy under the Internal Revenue Code;
(4) act on post judgment matters arising under Fed. R. Civ. P. 69, including the authority to
(A) issue writs;
(B) issue orders directing funds to be paid into or disbursed from the registry of the court;
(C) hold hearings and make recommendations to the district judge on substantive issues including the liability of a party under a writ of garnishment or execution; and
(D) perform duties specified in chapter 176 of Title 28 United States Code, as assigned by the court under the Federal Debt Collection Procedures Act, 28 U.S.C. § 3008;
(5) make determinations and enter appropriate orders under 28 U.S.C. § 1915, except to enter an order denying a request to proceed in forma pauperis;
(6) perform duties set forth in D.C.COLO.LCivR 8.1;
(7) exercise contempt authority as authorized by law;
(8) issue administrative subpoenas as authorized by law; and
(9) appoint masters under Fed. R. Civ. P. 53.
(c) Other Duties. On reference or order by a district judge, a magistrate judge may:
(1) conduct pretrial conferences, post-trial proceedings, early neutral evaluations, settlement conferences, other alternative dispute resolution proceedings, and other nondispositive pretrial proceedings;
(2) act on petitions to perpetuate testimony under Fed. R. Civ. P. 27;
(3) hold hearings and make recommendations to the district judge on dispositive matters; and
(4)make determinations and enter orders or recommendations on discovery disputes in cases pending in other federal courts or courts of another country.
CONSENT JURISDICTION OF A MAGISTRATE JUDGE
(a) Designation. Under 28 U.S.C. § 636(c)(1) and subject to this rule, a full-time magistrate judge is designated specially to conduct any or all proceedings in any jury or nonjury civil action and order the entry of judgment in the case.
(b) Prohibition. No judicial officer, court official, or court employee may attempt to influence the granting or withholding of consent to the reference of any civil matter to a magistrate judge. The form of notice of the right to consent to disposition by a magistrate judge shall make reference to the prohibition and shall identify the rights being waived.
(c) Notice. On the filing of any civil action, the clerk shall deliver to the plaintiff(s) written notice of the right of the parties to consent to disposition of the civil action by a magistrate judge under 28 U.S.C. § 636(c) and the provisions of this rule. A copy of the notice shall be attached to the summons and served on the defendant(s). A failure to serve a copy of such notice on a defendant shall not affect the validity of the service of process or personal jurisdiction over the defendant(s).
(d) Unanimous Consent; Determination. To consent to the jurisdiction of a magistrate judge under 28 U.S.C. § 636(c), all parties shall complete and file a Consent/Non-Consent to United States Magistrate Judge Jurisdiction form HERE. Unless otherwise ordered by the assigned district judge, written consent to proceed before a magistrate judge must be filed no later than (1) seven days before the scheduling conference, if any; or (2) 45 days after the filing of the first response, other than an answer, to the operative complaint, whichever is earlier. When there is such consent, the magistrate judge shall forthwith notify the assigned district judge, who will then determine whether to enter an order of reference under 28 U.S.C. § 636(c).
(e) Assignment. On entry of an order of reference under 28 U.S.C. § 636(c), the civil action shall be assigned to the magistrate judge currently assigned to the case.
(f) Additional Parties. Any party added to the action or served after reference to a magistrate judge under this rule shall be notified by the clerk of the right to consent to the exercise of jurisdiction by the magistrate judge under 28 U.S.C. § 636(c). If an added party does not file a consent to proceed before the magistrate judge within 21 days from the date of mailing of the notice, the action shall be returned to the assigned district judge for further proceedings.
(g) Vacating Reference. A reference of a civil matter to a magistrate judge may be vacated under 28 U.S.C. § 636(c)(4).
REFERENCE OF A DISPOSITIVE MOTION TO A MAGISTRATE JUDGE
(a) Designation. A full-time magistrate judge is designated specially to make final determination of a dispositive motion with the unanimous consent of the parties and approval of the assigned district judge. Dispositive motions include motions to amend, to dismiss, for transfer or for change of venue, to remand, for summary judgment, and for partial summary judgment.
(b) Consent on Notice. The parties may consent to the final determination of a dispositive motion by the assigned magistrate judge by filing a notice of consent. The district judge may enter an order approving the notice.
(c) Prohibition. No judicial officer, court official, or court employee may attempt to influence the granting or withholding of consent to the reference of a dispositive motion to a magistrate judge.
(d) Reference. On entry of an order of reference of a dispositive motion under 28 U.S.C. § 636(c), the motion shall be referred to the magistrate judge currently assigned to the case.
(e) Vacating Reference. A reference of a dispositive motion to a magistrate judge may be vacated for good cause.
(f) Appeal. If a magistrate judge grants a dispositive motion and directs the entry of final judgment, an appeal shall be to the United States Court of Appeals for the Tenth Circuit in the same manner as an appeal from any other judgment of this court.
TIME AND PLACE OF FILING
Unless otherwise ordered, an electronically filed pleading or document shall be filed no later than 11:59:59 p.m. (Mountain Time) on the day required. Unless otherwise ordered, all other pleadings and documents shall be filed during the business hours of the office of the clerk from 8:00 a.m. to 5:00 p.m. (Mountain Time) Monday through Friday.
COMMUNICATION WITH A JUDICIAL OFFICER
Unless otherwise ordered, a party to or an attorney in a proceeding shall not communicate directly about the proceeding in any manner with a judicial officer assigned to the proceeding.
CUSTODY OF PLEADINGS, DOCUMENTS, CONVENTIONALLY SUBMITTED MATERIALS, AND EXHIBITS
(a) Custody and Removal. Unless otherwise ordered, pleadings, documents, conventionally submitted materials, and exhibits in a court file or submitted to a judicial officer shall not be removed from the office or custody of the clerk or judicial officer.
(1) After 60 days of entry of final judgment in a civil action in which no appeal is taken, the clerk may notify counsel of record and any unrepresented party that the clerk intends to dispose of any conventionally submitted material or exhibit in the possession of the clerk. If no objection is filed within 14 days of the notice, the clerk may dispose of the conventionally submitted material or exhibit.
(2) In a civil action on appeal, any conventionally submitted material or exhibit that was not transmitted as a part of the record on appeal may be transferred by the clerk to the offering attorney or unrepresented party who shall retain the conventionally submitted material or exhibit pending order of the appellate court.
INSPECTION OF PHYSICAL EVIDENCE
While in the custody of the clerk, physical evidence shall not be inspected or copied except in the presence of and under the supervision of the clerk. The clerk may limit or prohibit inspection or copying to preserve the evidence.
PROCEDURE FOR REMOVAL
(a) Notice of Removal. A notice of removal shall comply with 28 U.S.C. § 1446(a).
(b) Filing Requirements. No later than 14 days after the filing of the notice of removal, the removing party shall file a current docket sheet (register of actions) and shall separately file each pending motion, petition, and related response, reply, and brief.
(c) Notification Requirements. If a hearing in the state court has been set before a case is removed, counsel or the unrepresented party removing the case shall notify the state judge forthwith of the removal and shall notify the federal judge to whom the case is assigned of the nature, time, and place of the state court hearing.
CAMERAS AND RECORDING DEVICES
(a) Cameras Prohibited. Unless authorized by a judicial officer, a device whose exclusive or principal use is as a camera or video recorder may not be brought into or used in a United States Courthouse or any location in which court business and proceedings are conducted.
(b) Permissible Devices. After clearing security, an electronic device, including, but not limited to, a cellular telephone, a smartphone, a laptop computer, an electronic tablet, or a personal data assistant (PDA), regardless of the technology 23 used or the name by which the device is marketed, may be brought into any public area in the United States Courthouse or any location in which court business and proceedings are conducted.
(c) Impermissible Uses of Permissible Devices. A person shall not use a permissible device defined in Subdivision (b) to take photographs or to make audio or video recordings in any public area in the United States Courthouse or any other location in which court business and proceedings are conducted. A person shall not use a permissible device defined in Subdivision (b) to take photographs or to make audio or video recordings in any courtroom or chambers except as authorized by the judicial officer having direct control of that space.
(d) Sanctions for Violations. Violation of this rule may constitute contempt of court punishable by incarceration and the imposition of fines, costs, and attorney fees. The court authorizes the following agencies and those under contract employment of such agencies to maintain the security of district court spaces:
(1) United States Marshals Service;
(2) United States Department of Homeland Security Federal Protective Service; and
(3) United States General Services Administration.
The authority to maintain security through the enforcement of this rule may involve taking possession of the device, searching the device and its contents, and preserving, copying, transferring, or deleting unauthorized video or audio recordings or photographs of court operations, proceedings, or facility space from electronic devices with or without the cooperation of a person found to be in possession of the device. A judicial officer may take action to enforce this rule or to sanction a violator.
(a) Procedures. All persons entering a building where court is being held shall be subject to security procedures.
All briefcases, purses, parcels, bags, backpacks, and other items shall be passed through X-ray scanners and shall be subject to search. This rule shall apply at such other places as a judicial officer may direct.
Violation of this rule shall be grounds for refusing admission to the building where court is being held and may subject the offender to detention, arrest, and prosecution as provided by law or to a contempt proceeding.
(b) Identification or Information. On request of a United States marshal, court security officer, federal protective service officer, or court official, anyone within or seeking entry to any court building shall produce identification and state the nature of his or her business. Failure to provide identification or information shall be grounds for removal or exclusion from the building.
D.C.COLO.LCivR 83.3 ACCOMMODATION UNDER AMERICANS WITH DISABILITIES ACT
No later than seven days before a hearing or trial, counsel or an unrepresented party shall notify the court of an accommodation required under the Americans with Disabilities Act.
(a) Automatic Referral. A case or proceeding brought under or related to Title 11, United States Code, shall be referred automatically to the bankruptcy judges of this district under 28 U.S.C. § 157. All pleadings and documents in those cases shall be filed directly in the bankruptcy court, and the bankruptcy judges of this district shall exercise jurisdiction under 28 U.S.C. § 157(b).
(b) Final Order in a Core Matter.
(1) In a proceeding referred under this rule and determined to be a core matter, if a bankruptcy or district judge determines that entry of a final order or judgment by a bankruptcy judge would be inconsistent with Article III of the United States Constitution, the bankruptcy judge, unless otherwise ordered by the district judge, shall hear the proceeding and submit proposed findings of fact and conclusions of law to the district judge.
(2) A final order or judgment of the bankruptcy judge may be treated by the district judge as proposed findings of fact and conclusions of law when the district judge concludes that the bankruptcy judge could not have entered a final order or judgment consistent with Article III.
(c) Suspension or Abstention. Nothing in this rule precludes the bankruptcy judge from suspending or abstaining from proceedings as appropriate under 11 U.S.C. § 305, 28 U.S.C. § 1334(c), or other applicable law.
(d) Withdrawal of Reference. The automatic referral in Subdivision (a) may be withdrawn by the assigned district judge.
(1) Motion. A motion for withdrawal of reference shall be filed with the clerk of the bankruptcy court under Bankruptcy Rule 5011 and Local Bankruptcy Rule 5011-1.
(2) Response. No later than 14 days after service of the motion, a party may file in the bankruptcy court a response and a designation of any additional portion of the record necessary for determination of the motion.
(3) Supplementation of Record. The record may be supplemented by order of the bankruptcy judge.
(4) Referral to District Court. The bankruptcy judge shall refer the motion to the district court.
(5) Assignment. The motion shall be assigned to a district judge under
(e) Non-core Matter. When a bankruptcy judge hears a proceeding under 28 U.S.C. § 157(c)(1) that is not a “core proceeding” as defined by 28 U.S.C. § 157(b)(2), the bankruptcy judge shall submit the proposed findings of fact and conclusions of law to the district judge assigned under
D.C.COLO.LCivR 40.1. Copies of those recommendations shall be mailed by the bankruptcy judge to all parties, who shall have 14 days after the date of mailing of the recommendations (or such further time not to exceed 30 days as the bankruptcy judge may order) to file written objections. Objections lacking specificity as to factual findings or legal conclusions the objecting party claims to have been erroneously made and objections not timely filed may be summarily overruled. If no objection is filed, or if the parties consent in writing, the recommendations of the bankruptcy judge may be accepted by the district judge, and appropriate orders may be entered without further notice. The procedure for determining objections shall be as set forth in 28 U.S.C. § 157(c)(1).
(f) Filings. The clerk of the bankruptcy court shall receive all pleadings in bankruptcy cases and related proceedings. Bankruptcy pleadings and documents shall be filed with the bankruptcy court under the Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules for the District of Colorado. Any bankruptcy pleadings and documents filed with the clerk of the district court shall be transferred to the bankruptcy court.
(g) Postjudgment Matters. The bankruptcy judges shall exercise jurisdiction over all postjudgment execution matters arising from a judgment or order entered by bankruptcy judges.