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HomeMy WebLinkAbout2020CV30363 - Stuward Cross And Katrina Richman V. City Of Fort Collins - 059 - Order Re Jury Trial ProceduresPage 1 of 6 DISTRICT COURT, LARIMER COUNTY, STATE OF COLORADO 201 LAPORTE AVENUE, SUITE 100 FORT COLLINS, CO 80521-2761 PHONE: (970) 494-3500 _______________________________________________ Plaintiffs: STUWARD CROSS, et al, v. Defendant: CITY OF FORT COLLINS.  FOR COURT USE  __________________________ Case No. 2020CV30363 Courtroom 3C ORDER RE JURY TRIAL PROCEDURES AND DEADLINES The parties participated in a trial setting, and this matter is now set for trial. Rule 16, C.R.C.P. will govern this case except as modified herein. The following procedures will be utilized at and prior to trial. Please review the procedures discussed below carefully. In addition, depending upon current health restrictions, the trial may be held by WebEx, or some witnesses may appear by WebEx. Please be sure that counsel and every witness is familiar with the Court’s orders regarding appearances by WebEx. 1. TRIAL DATE The Court sets a 4-day jury trial to begin February 28, 2022, at 8:30 a.m. Counsel/Parties to appear at 8:30 a.m. in person the first day of trial for a conference before the jury comes in at 9:00. The typical trial day will be from 8:30 a.m. to 12:00 p.m. and 1:30 p.m. to 5:00 p.m. with two, fifteen-minute breaks. Thursday afternoons are not available because of responsibilities to specialized docket needs. 2. PRE-TRIAL CONFERENCE A WebEx pre-trial conference is set for January 27, 2022, at 9:30 am. Prior to the pre-trial, the Parties should confer about stipulated exhibits. Unless a different time limit is set out below, the following items are due at least seven days prior to the Pre-Trial Conference: Draft Witness and Exhibit Lists (exchange 42 days prior to Trial; file 7 DATE FILED: November 2, 2021 6:18 AM CASE NUMBER: 2020CV30363 Page 2 of 6 days before pretrial) Witness Lists must include preliminary order of proof and estimated time for direct testimony. The length of time anticipated for cross examination will be discussed at the pretrial conference, along with whether the case should be put “on the clock.” Depending upon current health restrictions, the Court may not allow any late-disclosed exhibits or witnesses. Non-Argumentative Statement of the Case (file 7 days before pretrial) Jury Instructions must be filed at least 28 days before the pretrial conference. The Court will be strict about deadlines and final jury instructions to limit the number of conferences necessary during trial, in light of health restrictions. 3. WEBEX STATUS CONFERENCE The Court has set an additional WebEx status conference for December 17, 2021 at 1:30 p.m. The phone number for the Court and counsel/pro se parties to access the conference line on the day of the conference is (415) 655-0001 or (720) 650- 7664 and access code 2593 718 4330. At least one business day before the WebEx status conference, the parties will file a joint order of proof, which will specifically state dates, times, and anticipated length of time for each witness, and note if any witnesses are to be taken out of order, if necessary. The Court expects that witnesses will be stacked and prepared to testify, even if it means that some witnesses may be required to wait for some period of time in the hall or in the virtual waiting room, so as to minimize the delays which would unnecessarily inconvenience the citizens who have been called as jurors to serve in the case. As you schedule your witnesses, be advised that the Court does not hold jury trials on Thursday afternoons because of time reserved on the Court’s docket for specialized docket needs; the jury trial will be in recess starting at approximately noon on Thursdays. 4. JURY INSTRUCTIONS To enhance judicial economy and ensure that the parties are properly prepared for trial, proposed jury instructions to be filed prior to the pre-trial conference Plaintiff shall e-file one packet of agreed upon instructions. Additionally, each Party shall e-file their proposed but disputed instructions along with case authority for each instruction. Opposing Parties shall e-file objections to disputed instructions within 7 days (that is, 21 days before the pretrial). Page 3 of 6 Plaintiff is responsible for providing a complete set of instructions, including all standard instructions. Defendant is responsible for instructions relating to affirmative defenses and counterclaims. Counsel should agree in advance, if possible, on the instruction setting forth the claims and defenses of the Parties (CJI 2:1). This includes verdict forms and special interrogatories. Each set shall contain all of the Party’s proposed jury instructions on a single document, as opposed to a separate document for each proposed instruction. Instructions should be e-filed as an MS Word document and include citation to the CJI or case law or statutory authority. Instructions shall be double-spaced in twelve- point Times New Roman font with the words “INSTRUCTION _____” atop each page. Proposed instructions shall not be numbered. 5. PRE-TRIAL MOTIONS Motions filed under C.R.C.P. 56 must be filed no later than 91 days prior to trial. All other Motions must be filed no later than 35 days prior to trial. In order to allow proper time for the Court to rule on all pending motions before trial, all motions must be fully briefed no later than 24 days prior to trial. To accomplish this, all Responses are due no later than 28 days prior to trial and all Replies are due no later than 24 days prior to trial. 6. TRIAL MANAGEMENT ORDER/TRIAL BRIEFS The filing of a proposed trial management order is due at least 28 days before trial. Trial briefs must be e-filed 21 days before trial and should be limited to 10 pages. The proposed trial management order shall contain an agreed -upon statement of the case for the Court to read to the jury during jury selection. 7. WITNESS/EXHIBIT LISTS The parties should exchange Draft Witness and Exhibit lists 42 days prior to trial pursuant to Rule 16(f)(2)(B). Final Witness and Exhibit Lists are due 14 days prior to trial. Names from the final witness list will be read by the Court to prospective jurors to determine whether they know any of the witnesses. As per Chief Justice Directive 11-01 all exhibits shall be e-filed as part of the Court’s permanent record. The Court asks that those be filed along with the Final Exhibit List. Any paper copies of the exhibits should be labeled in advance. If the Parties wish to use the Court’s binders for jury exhibit notebooks, they shall bring Page 4 of 6 enough copies of the stipulated exhibits, organized and tabbed and three-hole punched to the Court at least 7 days prior to trial. The following exhibit notebooks should be provided at trial: Original (for the witness stand/Jury) A Copy for the Court A Copy for Opposing Counsel 8. COURT REPORTER Until recently, this district has been able to provide Court Reporters at all civil trials. The Court will not know for sure whether a Court Reporter will be available until a week prior to trial. The Parties may bring in their own reporter if a court-based reporter is not available. If they wish to do so, they should see the Court’s Clerk for the appropriate procedures and forms. If a court-based reporter is not available and the parties do not wish to provide their own, the Court will provide an audio recording of the trial. A list of unique, technical or other words or terms that may be used during the trial and which are not common in everyday usage is to be provided at least 7 days before trial. To the extent that names, words and terms are not in the reporter’s dictionary, they will be translated phonetically. 9. CONDUCT AND DEMEANOR Depending upon health considerations, the number of people in the courtroom may be limited, and any necessary masking and distance requirements will be enforced. Failure to follow such restrictions will be considered to be contempt of court. The courtroom will be available to the public through WebEx, and may be used by observers if capacity limits are met. Counsel, parties and witnesses are expected to treat one another, all witnesses and the Court and staff with courtesy and respect. Counsel should stand when making objections and refrain from making argument in front of the jury unless elicited by the Court. Counsel must show one another exhibits prior to approaching the witness stand. Counsel should ask to approach the Court, witnesses stand, or the reporter’s table. Counsel should instruct their witnesses regarding any potential orders that impact that witness, including any orders related to appearances by WebEx or phone. Page 5 of 6 Further, Counsel must inform witnesses about any sequestration order and make best efforts to ensure the order is complied with. Counsel should inform witnesses that they must answer questions clearly and verbally. They should not speak at the same time as counsel nor may they ask counsel questions while on the stand. Witnesses may not argue with Counsel. They should not chew gum or otherwise bring food or drink in the Courtroom. Witnesses and any observers must have all electronic equipment turned completely off. All witnesses and Counsel should refer to others by their surnames unless that other person is a child. It is an ORDER of the Court that no party, attorney, or any other courtroom observer or participant, whether in person or by WebEx, may audio or video record or broadcast any court proceedings by any means, whether such party, attorney, or other courtroom observer or participant is appearing in Court in person or by phone or by any video methodology. Violation of this Order will be considered to be contempt of court, which may be punishable by a fine or jail. It is the duty of each attorney to inform their witnesses regarding these instructions, including any orders specifically related to WebEx or phone appearances. All requirements in this Order are mandatory and may be modified only upon motion and order. 9. MISCELLANEOUS We have available a visual presenter, video link for remote witnesses, and a digital projector. If you need these, or a table for a projector or other items, please notify the Court as soon as possible in advance of trial. The equipment must be reserved and is available on a first come first served basis. The Parties must supply their own laptop computer to use in conjunction with the digital projector. Trial is generally scheduled to begin every day at 8:30 a.m. However, if you become aware that you need a hearing prior to beginning trial the next day, please make best efforts to notify the Court and opposing Counsel so issues can be heard before the jury comes in at the usual time of 8:30 a.m. Page 6 of 6 Dated: November 2, 2021. BY THE COURT: _____________________________ Joseph D. Findley District Court Judge