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HomeMy WebLinkAbout2021S280 - Lora Woodward V. City Of Fort Collins - 006 - Order Setting Small Claims Trial To The Court 3D Small Claims Trial Setting Rev. 04/16 COUNTY COURT, LARIMER COUNTY, COLORADO Court Address: 201 LaPorte Avenue, Suite 100 Fort Collins, Colorado 80521 Plaintiff(s): LORA WOODWARD Defendant(s): CITY OF FORT COLLINS  COURT USE ONLY  Case Number: F21S280 Courtroom/Division 3D ORDER SETTING SMALL CLAIMS TRIAL TO THE COURT 1. The case has been assigned to Division 3D at the above address. The small claims rules will be applied in this case. Those rules do not allow for motions, depositions, discovery, disclosure statements or pre-trial conferences. 2. Parties are to arrive BY 8:45 AM on January 20, 2022. The trial is set for: One-hour Two-hours One-half day If a party fails to appear by the above time, the court may find the party in default pursuant to C.R.C.P. Rule 515. 3. READ THESE RULES CAREFULLY AS THE JUDGE WILL ENFORCE THEM. A) Parties will be allowed two (2) minutes for an opening statement and three (3) minutes for a closing statement. Each side will be allowed a maximum of 2 minutes for an opening statement. An opening statement is a summary of what the party believes will be shown by the evidence. Each side will be allowed a maximum of 3 minutes for a closing statement. A closing statement is a summary of what the party believes the evidence has shown. If a party is asking for a sum of money in their claim/counterclaim, the statements should explain to the court in a succinct fashion the amounts sought and why a ruling in that party’s favor would be appropriate. B) Parties will be allowed a maximum of three (3) witnesses. Each side will be allowed a maximum of 3 witnesses. A witness is any person who testifies, including the named plaintiff and defendant. C) Parties will be allowed a maximum of ten (10) minutes to question each witness. Each side will be allowed a maximum 10 minutes to question their own witness. This time will include both direct and re-direct examination (Questions asked initially of the witness and questions asked after the opposing party asks the witness questions.) DATE FILED: November 18, 2021 1:22 PM CASE NUMBER: 2021S280 3D Small Claims Trial Setting Rev. 04/16 Each side will be allowed a maximum of 10 minutes to ask questions of the other party’s witness (cross-examination). D) Parties will be allowed a maximum of ten (10) exhibits. Each side will be allowed a maximum of 10 exhibits. An exhibit is a single piece of evidence. Binders, collections of photos, multiple documents bound in any fashion, etc. will be rejected by the court unless they contain the individual exhibits otherwise complying with this rule. Each and every photo will be considered an exhibit. Any documents over 2- pages in length will be considered multiple exhibits calculated by dividing the number of pages by 2 (for example: A 20-page contract equals 10 exhibits or the entirety of a party’s evidence.). E) Video Exhibits. Videos are a unique blend of testimony and exhibits. Each video will count as a witness and an exhibit. The party seeking to introduce the video must provide the means to display it so that the Court and parties can view and hear it. In addition, the video must be on a removable device such as a jump drive or thumb drive so that it can be given to the Court. The Parties are advised to keep the numerical limits set forth above when determining how to use video exhibits. F) Parties are to make two copies of their exhibits (3 total). One copy is to remain with the party offering the exhibit, the original (or best copy) is to go to the court and second copy will be given to the opposing party at the settlement discussions prior to the trial. G) Mandatory settlement discussions prior to trial. The first fifteen minutes of the setting will be for settlement discussions. During the settlement discussions parties are to exchange and mark exhibits. In marking exhibits Plaintiff shall use numbers and Defendant shall use letters. (See courtroom clerk for exhibit stickers). IF THE TRIAL DATE IS NOT NEEDED FOR ANY REASON, WHETHER DUE TO DISMISSAL OR SETTLEMENT, THE PARTIES SHALL IMMEDIATELY NOTIFY 3D’s DIVISION CLERK AT (970) 494-3630. APPROVED BY THE COURT: November 18, 2021 KRAIG ECTON Date County Court Judge