Barrientos-Sanabria v. Lake County, Colorado et al

Filing 70

AMENDED 68 CIVIL TRIAL PROCEDURES ORDER. Five-day Jury Trial set for 12/10/2012 at 09:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. By Magistrate Judge Kristen L. Mix on 7/2/12. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00838-KLM
OSVALDO BARRIENTOS-SANABRIA,
Plaintiff,
v.
EDWARD HOLTE, in his individual and official capacity,
ROD FENSKE, in his official capacity,
ANTONIO LOBATO, in his individual and official capacity, and
AARON D’MIZE, in his individual and official capacity,
Defendants.
AMENDED1 CIVIL TRIAL PROCEDURES ORDER
(effective September 1, 2011)

_____________________________________________________________________
The following procedures and orders supplement the Federal Rules of Civil
Procedure and the local rules of this court. In order to fairly and efficiently try the merits of
each case, the Court ORDERS as follows:
I. General Trial Preparation
1. Exhibit lists. The parties shall exchange their pre-marked exhibits on the date
set forth in the Final Pretrial Order. Plaintiff shall use numbers and Defendants shall use
letters. The parties shall electronically file their exhibit lists pursuant to the Court’s
Electronic Filing Procedures2 and e-mail copies to me in Word or WordPerfect format at
[e-mail] three business days before the trial. Stipulations as
to authenticity and admissibility shall be set forth on the exhibit lists.
2. Joint exhibits. Prior to the trial, the parties shall agree on joint exhibits to avoid
duplication, and shall stipulate to the authenticity and admissibility of as many exhibits as
possible. If there are joint exhibits, Plaintiff shall electronically file one copy of a joint exhibit

1

The Civil Trial Procedures Order is amended only to clarify that trial shall be by jury.

2

See the Court’s Electronic Case Filing Procedures, Civil Version 4.0, which may be
accessed on the Court’s website, www.cod.uscourts.gov.

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list three business days before the trial and e-mail a copy to me in Word or WordPerfect
format at [e-mail].
3. Objections to exhibits. Each party shall electronically file objections to exhibits
and e-mail copies to me in Word or WordPerfect format at
[e-mail] three business days before the trial. The objections
shall state in a clear and concise fashion the evidentiary grounds for the objections and the
legal authority supporting each objection.
4. Witness lists. Three business days before the trial, counsel shall provide
opposing counsel and the court with their final witness lists, including an estimate of each
witness’ direct examination testimony time. Each witness designated as a “will call” witness
shall be counsel’s representation, upon which opposing counsel can rely, that the witness
will be present and available for testimony at trial.
5. Video-taped deposition testimony. In the event that videotaped deposition
testimony will be used at trial, counsel shall provide notice of each page and line intended
to be used to opposing counsel ten business days prior to the trial. Any objections to the
testimony must be marked on a copy of the deposition transcript and e-mailed to me at
[e-mail] three business days before the trial. Objections to
videotaped testimony will be ruled on prior to trial to allow for editing of the tape to be
presented to the jury.
6. Jury instructions and verdict forms. The parties shall electronically file
proposed jury instructions and verdict forms and e-mail copies to me in Word or
WordPerfect format at [e-mail] no later than five business days
before the trial. All proposed jury instructions and verdict forms shall include references
to legal authority.
II. Prior to Trial
1. Special accommodations. Thirty days before trial, counsel shall notify my
courtroom deputy of any need for special accommodations for any attorney, party or
witness, any need for technological equipment, such as videoconferencing, or equipment
needed for the presentation of evidence using CD-ROM or other electronic presentation
of evidence.
2. Voir dire. Counsel will be permitted to conduct voir dire of potential jurors, if trial
is to a jury, for no longer than twenty (20) minutes. Accordingly, counsel should be
prepared to conduct voir dire at trial as they deem appropriate.
3. Findings of fact and conclusions of law. For trials to the Court, no later than
five business days prior to trial, parties shall electronically file proposed findings of fact
and conclusions of law and e-mail copies to me in Word or WordPerfect format at
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[e-mail].
4. Trial briefs. Trial briefs, if any, are to be electronically filed and e-mailed to me
in Word or WordPerfect format at [e-mail] no later than five
business days prior to trial. Trial briefs are limited to no more than ten pages in length.
5. Settlement. Pursuant to D.C.COLO.LCivR 54.2, counsel must notify the court
clerk and my Chambers of a settlement before twelve o’clock noon on the last court
business day before the scheduled trial date. The assessment of jury costs may be
imposed as a consequence of noncompliance with this instruction.
6. Deposition testimony. Counsel shall advise each other of proposed deposition
testimony by page and line reference at least five business days before the trial so that
opposing counsel can prepare objections and offer additional portions of the transcript. The
proposing party must provide a person to read the deposition responses.
III. First Day of Trial
1. Witness lists. Three copies of each party’s witness list shall be provided to the
courtroom deputy and one copy to opposing counsel.
2. Exhibit lists. Three copies of each party’s exhibit list shall be provided to the
courtroom deputy and one copy to opposing counsel.
3. Exhibit notebooks. Each party shall prepare an exhibit notebook containing
original exhibits, properly marked and tabbed, with pages of each exhibit numbered. These
notebooks shall be provided to the courtroom deputy. Similar notebooks with exhibit copies
shall be provided to the court and to opposing counsel. Exhibits with more than one page
shall have each page numbered.
4. Copies of exhibits for jurors. Each party shall provide notebooks for juror
exhibits. Those exhibits which have been stipulated to may be placed in the jurors’
notebooks prior to trial. Additional exhibits may be published to the jury for placement in
juror notebooks following the exhibit’s admission into evidence at trial. Blank pages may
be inserted into juror notebooks so that jurors may take notes of the proceedings.
5. List of stipulated facts. Plaintiff shall provide an original list of any stipulated
facts to the court and two copies to the courtroom deputy.
IV. General Information
1. Courtroom Deputy. My courtroom deputy’s name is Monique Wiles. She can
be reached at [phone]. Any questions concerning exhibits or courtroom equipment
may be directed to her. The proceedings will be digitally recorded. Any request for
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transcripts should be directed to the courtroom deputy. Extraordinary requests, such as
for daily copy, should be made at least 30 days in advance of the trial date.
2. Law Clerks. My law clerks can be reached at [phone]. Please do not
call them about issues which are handled by the courtroom deputy, as indicated in this
Order.
3. Witness salutations. At trial, all parties and witnesses shall be addressed as
“Mr.”, “Mrs.”, “Ms.”, “Dr.”, etc. Informal references are not permitted except when children
are testifying.
4. Timing of jury instructions. In jury trials, instructions will be given prior to
closing arguments. Copies of written instructions will be given to the jury for its
deliberations.
5. Trial dates. Trial is set for five days to a jury beginning at 9:00 a.m. on
December 10, 2012 in Courtroom C-204, Second Floor, Byron G. Rogers U.S. Courthouse,
1929 Stout Street, Denver, Colorado.
Dated and entered at Denver, Colorado, this 2nd day of July, 2012.

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