Fill and Sign the Crcp 16 Form

C.R.C.P. 16.1 PRETRIAL TIMELINE Courtesy of Judge Jack Berryhill and Alice Hosley Case is “at issue” When “all parties have been served and all pleadings permitted by C.R.C.P. 7 have been filed or defaults or dismissals have been entered against all non- appearing parties, or such other times as the court shall direct.” C.R.C.P. 16 (b)(1). No later than 15 days after case is “at issue” Lead counsel for each party shall confer regarding the nature of the claims and defenses, disclosures, and whether a modified case management order is necessary. C.R.C.P. 16.1(f). No later than 30 days after the case is “at issue” Each party shall make disclosures pursuant to C.R.C.P.26(a)(1), 26(a)(4), 26(a)(6), 26(c) and 26(g). In addition to the requirements of 26(g), disclosing party shall sign all disclosures under oath. C.R.C.P. 16.1 (k)(1)(A). Before or after initial disclosures Any party may make a written designation of specific information and documentation that party believes should be disclosed pursuant to C.R.C.P. 26(a)(1). The other party shall provide a response and any agreed upon disclosure within 20 days of request or at the time of initial disclosures, whichever is later. 16.1 (k)(1)(B)(iii). No later than 35 days after case is “at issue” 1. The parties shall discuss settlement. C.R.C.P. 16.1(f). 2. Election for Exclusion from 16.1. C.R.C.P. 16.1(d). No later than 40 days after the case is “at issue” Responsible attorney shall set case for trial pursuant to C.R.C.P. 121 §1-6 unless otherwise ordered by the court. C.R.C.P. 16.1(g). Within 45 days after case is “at issue” Election for Inclusion. Parties may file stipulation to be governed by 16.1. Not bound by $100,000.00 limitation on judgment. C.R.C.P. 16.1(e). No later than 45 days after case is “at issue” Responsible attorney shall file Certificate of Compliance stating that parties have complied with C.R.C.P. 16.1(f) and (g) OR if have not complied, identify requirements unfulfilled and set forth reasons for failure to comply. C.R.C.P. 16.1(h) C.R.C.P. 16.1 Pretrial Timeline 10/04 Page 1 of 2 90 days before trial Written disclosures of experts and disclosures of non- expert trial testimony shall be served the parties asserting claims. C.R.C.P. 16.1 (k)(2) and (3). 60 days before trial Written disclosures of experts and disclosures of non- expert trial testimony shall be served by parties defending against claims. C.R.C.P. 16.1 (k)(2) and (3). 35 days before trial Parties asserting claims shall serve written disclosures for any rebuttal experts. C.R.C.P. 16.1 (k)(2) and (3). At least 30 days before trial All exhibits to be used at trial which are in possession, custody or control of parties shall be identified and exchanged by the parties. C.R.C.P. 16.1 (k)(6). Within 10 days of receipt of exhibits Documents are deemed admitted unless objected to in writing. C.R.C.P 16.1 (k)(6). 30 days before trial Documents in possession, custody or control of 3 rd persons that have not been obtained by the identifying party, to the extent possible, shall be identified. Objection to authenticity may be made any time prior to their admission into evidence. C.R.C.P. 16.1 (k)(6). At least 5 days before trial A party who intends to offer the testimony of an expert or other witness may, pursuant to C.R.C.P. 30(b)(1)- (4), take the deposition of that witness for the purpose of preserving the witness’ testimony for use at trial. C.R.C.P. 16.1 (k)(4). A deposed witness may not testify at trial on behalf of the deposing party. 3 days before trial Jury instructions and verdict forms shall be prepared pursuant to C.R.C.P. 16(g). C.R.C.P. 16.1 (k)(8). Any time prior to trial Upon a specific showing of substantially changed circumstances sufficient to render the application of Simplified Procedure under this Rule unfair and a showing of good cause for the timing of the motion to terminate, the court shall terminate application of this Rule and enter such orders as are appropriate under the circumstances. C.R.C.P. 16.1(m). At the beginning of trial or at such other date set The parties shall make a joint submission to the court by the Court of items to be included in the jury notebook. C.R.C.P 16.1(k)(8). C.R.C.P. 16.1 Pretrial Timeline 10/04 Page 2 of 2