UNITED STATES DISTRICT COURT DISTRICT OF COLORADO THE HONORABLE DAVID M. EBEL Byron White United States Courthouse 1823 Stout Street, Room 109L Denver, Colorado (303) 844-3800 District Court Courtroom: Byron Rogers Federal Building 1929 Stout Street, Room C202 This is a summary of the procedures that I use in the trials of civil and criminal cases. Please familiarize yourself with these matters, and follow the attached check-list. These procedures supplement the Federal Rules of Criminal and Civil Procedures and Local Rules of the District. When addressing the Court for any reason, parties should always stand at the lectern and speak into the microphone. The Court is punctual. Counsel and parties should arrive 10-15 minutes before scheduled hearing times. Turn off all cell phones and pagers before entering the courtroom. Pre-Trial and General Procedures Generally, the magistrate judge assigned to the case will conduct the Rule 16 scheduling conference and set status, settlement and pre-trial conference dates. Upon completion of the final pre-trial conference, counsel should come to my Chambers to obtain final trial preparation conference and trial dates. Scheduling should be planned with the assumption that all cases will go to trial within one year of filing, absent extraordinary circumstances. Counsel should expect to be given a firm trial date within 60 to 120 days from the final pre-trial conference. Briefs in support and in opposition to Motions to Dismiss and Motions for Summary Judgment may not exceed twenty pages in length unless the Court has granted a page extension prior to five days before the brief is due. Reply briefs shall not exceed five pages in length. Trial briefs may be filed with the Court's permission and shall not exceed ten pages unless the Court has granted a page extension. When requesting a change in hearing dates, parties should endeavor to file unopposed, stipulated or joint motions. Please include proposed dates that have been cleared on all counsel's calendars for the Court to consider. There is American LegalNet, Inc. www.FormsWorkFlow.com no guarantee that the Court will use these proposed dates. All motions should be accompanied by a proposed Order sent to my Chambers via e-mail (Ebel_Chambers@ca10.uscourts.gov) and filed in Microsoft Word or Word Perfect or in a format in accordance with the District of Colorado ECF Procedures V.L (instructions on submission of a proposed order). Do not hesitate to contact the ECF Help Desk at 303-335-2050 with any questions. Any motion or brief which a party wishes the Court to consider is to be filed at least 72 hours in advance of a hearing. Trial / Hearing Procedures There is one lectern in the courtroom from which attorneys will address the Court, witnesses and the jury. Counsel tables are arranged slightly perpendicular to the Bench. a) b) Plaintiffs are seated at the table closest to the jury box. Defendants are seated at the table farthest from the jury box. No soda, coffee or food is allowed in the courtroom. Water bottles are permitted, and water and cups are provided. The administration of an oath or affirmation is a solemn public ritual and an integral part of any judicial proceeding. The complete attention of all in the courtroom to such oath taking is mandatory. The Courtroom Deputy will present exhibits and depositions to the witnesses. Thus, you may simply say, "Please look at Exhibit No. 1," or "Please refer to your deposition taken on . . . ." and the Courtroom Deputy will provide the exhibit or deposition to the witness. In jury trials, bench conferences are strongly discouraged and will be minimized. Matters that may otherwise justify a bench conference should ordinarily be raised either before or after the trial day or during a break. Jury trials normally begin on Mondays at 9:00 a.m. Counsel should be present one hour before the scheduled trial time, to go over the attached trial checklist with the Courtroom Deputy. Jury selection will begin as close to 9:00 a.m. as possible. Bench trials begin at 9:00 a.m. and counsel should be present to check in with the Courtroom Deputy at 8:30 a.m. Subsequent trial days will normally begin at 9:00 a.m. and continue until 5:00 - 5:30 p.m. The lunch recess will usually begin between noon and 12:30 p.m. and will usually be of 75-minute duration. We will usually take a midmorning and mid-afternoon break for approximately 15 minutes. American LegalNet, Inc. www.FormsWorkFlow.com Please advise the Courtroom Deputy of any late or anticipated filings to ensure that all necessary documents are present during trial. I will be available for any preliminary matters. Criminal Matters Only NOTE: The Court disfavors plea agreements pursuant to F.R.Crim.P. 11(c)(1)(c) since the Booker and FanFan decisions, and they will only be accepted in certain circumstances. Changes of Plea are set approximately four (4) weeks from the date of the Notice of Disposition, unless specifically requested otherwise in the Notice. Changes of Plea ­ ALWAYS bring the signed original and one copy of the "Statement by Defendant in Advance of Change of Plea" and the "Plea Agreement and Statement of Facts" to the courtroom at the time of the hearing. [This is in addition to the courtesy copy required to be delivered to chambers 48 hours before the Change of Plea hearing.] Please read my "Order Setting Change of Plea" carefully. The AUSA assigned to a criminal matter must be present at a change of plea. If the AUSA cannot attend in person, he/she must be present by phone and a fully briefed substitute AUSA must be physically present. ***** Please direct any questions concerning exhibits or courtroom equipment to Charlotte Hoard at (303) 335-2100. Counsel should schedule times before trial with Ms. Hoard to familiarize themselves with the Courtroom's technology. Please also contact Ms. Hoard regarding transcripts. She can give you contact information for the court reporter. If counsel requires special services such as daily copy or real time, they should make such request at least 30 days in advance of the trial date. We are sensitive to the anxieties of trial practice, and we hope to minimize apprehension about local practices. If you have any questions, call my Judicial Assistant at (303) 844-3800. American LegalNet, Inc. www.FormsWorkFlow.com CHECKLIST FOR FINAL TRIAL PREPARATION CONFERENCE 1. By 3:00 p.m. two days before the trial preparation conference, the parties shall submit, via em