Free Order - District Court of Colorado - Colorado

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MEMORANDUM TO: FROM: SUBJECT: Counsel Senior Judge John L. Kane Pretrial and Trial Procedures

3/05

This will acquaint you with my pretrial and trial procedures for civil cases. Please familiarize yourself with the Local Rules of Practice so that we can try your case efficiently and fairly. The attached checklists will help you prepare for discovery and scheduling conferences, pretrial conferences, trial, and filing of summary judgment motions. Please note, the use of " al." et to identify additional plaintiffs or defendants must be avoided in any pleadings relating to dispositive motions, unless otherwise specifically ordered. There is a lectern in the courtroom from which the attorneys are required to address the court, witnesses, and jury. Ordinarily, only the courtroom deputy will hand exhibits to the witnesses. Thus, you may simply say " Please look at exhibit number one . . ."and the exhibit will be given to the witness. Trials are normally set to begin at 9:00 a.m. Counsel will be present to go over the attached trial checklist with the courtroom deputy at 8:30 a.m. on the first day of trial. The normal trial day begins at 9:00 a.m. and continues until 4:30 p.m. Lunch recess normally is from 12:00 noon to 1:15 p.m. We will take a midmorning break from 10:15 a.m. to 10:30 a.m. and a mid-afternoon break from 3:l5 p.m. to 3:30 p.m.. In scheduling your witnesses, follow the baseball rule: one at bat, one on deck, and one in the hole. Transcripts should be ordered directly from Charlotte Hoard at 303-844-3433. Copies of forms to be filed that relate to transcripts should be mailed to: Charlotte Hoard, Clerk' Office, s 1929 Stout St., Rm C-145, Denver, CO 80294. Requests for special services, such as daily copy, should be made at least 30 days in advance of the trial date. We are sensitive to the anxieties of trial practice, so we hope to minimize apprehension about local practices. If you have any questions, call Sara Shears in my chambers at (303) 844-6118. LAW CLERKS WORKING WITH ME MAY SPEAK TO COUNSEL ONLY PURSUANT TO MY SPECIFIC INSTRUCTIONS. PLEASE DO NOT CALL THE LAW CLERKS ON PROCEDURAL OR SCHEDULING MATTERS.

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As a senior judge it is not unusual for me to receive cases for trial which have been previously assigned to one of the active judges on our court. In those instances I try to uphold the directions of the previous judge with respect to trial management and briefing schedules. Of course, with respect to rulings, the law of the case doctrine applies. Notwithstanding the foregoing, in all jury trials I will insist that counsel follow my directions with respect to proposed jury instructions set forth at §IV in the Checklist for Trial. Kindly remember that the administration and taking of oaths are integral parts of the trial. Your complete attention and that of everyone else in the courtroom is required. Thank you for your cooperation.

s:\mo\pretrial.pro

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I. INSTRUCTIONS CONCERNING PREPARATION FOR DISCOVERY AND SCHEDULING CONFERENCE Five days before the Discovery and Scheduling Conference (see Fed.R.Civ. P. 6 for all computations of time in these Pretrial & Trial Procedures), counsel are to file a STIPULATED SCHEDULING AND DISCOVERY ORDER which shall include the signatures of counsel and pro se litigants and provide for approval by the court in the form specified below. Please note that the form of Stipulated Scheduling and Discovery Order set out below requires more than the minimum information listed in D.C.Colo.LR 29.1. Please note further that Stipulated Scheduling and Discovery Orders actually filed must comply with the double-spacing requirement of D.C.Colo.LR 5.1F. The submission shall contain the following: 1. DATE OF CONFERENCE [The date of the Discovery and Scheduling Conference.) 2. STATEMENT OF CLAIMS AND DEFENSES a. b. c. Plaintiff(s) Defendant(s) Other Parties

[Concise statements of all claims or defenses. Each party should, in light of formal or informal discovery undertaken thus far, take special care to eliminate frivolous claims or defenses. See Fed.R.Civ.P. 16(c)(1), 11.] 3. UNDISPUTED FACTS [A statement of any facts which the parties acknowledge to be undisputed.] 4. COMPUTATION OF DAMAGES [A computation of all categories of damages sought or the basis and theory for calculating damages. See Fed.R.Civ.P. 26(a)(1)(C). This should include the claims of all parties.]

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5. REPORT OF PRE-CONFERENCE DISCOVERY & MEETING UNDER Fed. R.Civ. P. 26(f) a. b. c. Date of Rule 26(f) meeting. Names of each participant and each party represented. Proposed changes, if any, in timing or requirement of disclosures under Fed.R.Civ.P. 26(a)(1). Statement as to when Rule 26(a)(1) disclosures were made or will be made. If a party's disclosures were not made within the time provided in Fed. R. Civ. P. 26(a)(1), the party must here provide an explanation showing good cause for the omission. A statement as to whether the parties will conduct joint interviews with potential witnesses; and, if they will, the names of such witnesses and a date and time for each interview which have been agreed to by the witness and all counsel. 6. CASE PLAN AND SCHEDULE The plan and schedule must include the following items: a. Deadline for Joinder of Parties: No later than close of discovery. Deadline to Amend Pleadings: No later than close of discovery. b. Discovery Cut-off: Not more than six months if one plaintiff and one defendant. Not more than 12 months if multiple parties. Any longer periods must be fully justified to the court at the scheduling conference. Dispositive Motion Deadline: Not more than 30 days after discovery cut off. c. Deposition Schedule: Name of Deponent Date of Deposition Time of Deposition Expected Length of Deposition

d.

e.

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[List the names of persons to be deposed and a schedule of any depositions to be taken, including (I) a good faith estimate of the time needed for the deposition and (ii) time(s), date(s), and location(s) for the deposition to which the persons signing the Stipulated Scheduling and Discovery Order have agreed.1] d. Interrogatory Schedule [Set a schedule for the submission of and response to written interrogatories, if they are desired.] e. Schedule for Request for Production of Documents [Set a schedule for the submission of and response to requests for documents, if they are desired.] f. Discovery Limitations: (1) any limit which any party wishes to propose on the length of any deposition. (2) modifications which any party proposes on the presumptive numbers of depositions or interrogatories contained in the federal rules. (3) limitations which any party proposes on the number of requests for production of documents and/or requests for admissions. g. Other Planning or Discovery Orders [Set forth any other proposed orders concerning scheduling or discovery.] 7. SETTLEMENT [The parties must certify here that, as required by Fed.R.Civ.P. 26(f), they have discussed the possibilities for a prompt settlement or resolution of the case by alternate dispute resolution.] Please Note: This case will not be sent to a magistrate judge for settlement until and unless at least one of the parties requests such a reference. Be prepared at the scheduling conference to advise the court of when and under what circumstances it will be propitious to take further steps toward settlement.

Counsel must confer in advance of the Discovery and Scheduling Conference, and unless otherwise ordered and for good cause stated (e.g., counsel do not know the names of any deponent until they receive answers to interrogatories), identify the persons they wish to depose, schedule specific dates and times for these depositions, and set forth those dates and times in the Stipulated Scheduling and Discovery Order. 5

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8. OTHER SCHEDULING ISSUES a. A statement of those discovery or scheduling issues, if any, on which counsel, after a good faith effort, were unable to reach an agreement, including the question of whether to refer the case to a magistrate for a settlement conference. Anticipated motions-to be filed, by whom, estimated time of filing, and estimated proposed briefing schedule. Anticipated fields of expert testimony, if any. Anticipated length of trial and whether trial is to the court or jury. 9. AMENDMENTS TO DISCOVERY AND SCHEDULING ORDER Include a statement that the Stipulated Scheduling and Discovery Order may be altered or amended only upon motion showing good cause and order entered thereon. Provide names, addresses, telephone numbers, and signatures of counsel and provision for approval of the court and signature line for the judge, using the following format: DATED this ____ day of _________________, 200__ BY THE COURT: JOHN L. KANE, Senior Judge United States District Court STIPULATED SCHEDULING AND DISCOVERY ORDER APPROVED: (Name) (Address) (Telephone Number) Attorney for Plaintiff (Name) (Address) (Telephone Number) Attorney for Defendant

b.

c. d.

Please affix counsels signatures before submission of the Stipulated Scheduling and Discovery Order to the court.

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II. INSTRUCTIONS FOR PREPARATION AND SUBMISSION OF PRETRIAL ORDER Counsel are directed to meet in advance of the pretrial conference and jointly develop the contents of the proposed Pretrial Order and the proposed jury instructions and forms of verdict. Counsel shall have exchanged proposed jury instructions and verdict forms at least ten (10) days before the pretrial conference and shall present them, together with the proposed Pretrial Order for the court's approval, no later than five days before the pretrial conference. These documents shall be in print and on 3.5" computer disk compatible with WordPerfect 6.1, and shall incorporate any revisions/stipulations to which the parties have agreed. The pages should be numbered consecutively and the packet submitted to my chambers organized as follows: (1) a section with those stipulated jury instructions and verdict forms with citations of authority and sources agreed to by all parties; (2) a section with individually proffered instructions accompanied by the specific objection(s) of any other party together with the counter proposed instruction or verdict form with citations and sources. An index to the instructions should be provided as a separate document. Jury instructions and verdict forms used in recent previous trials are available from my chambers. I require counsel to make use of my approved general stock instructions and to incorporate them into their proposed instructions. Note the use of the pronoun " you" and its derivatives to address the jury and use of the first person (" ) to refer to the court. Counsel are I" responsible for ensuring that substantive jury instructions used in previous trials are updated and in accordance with current law. Attention is directed to Fed.R.Civ.P. 16(d) (" conference shall be attended by at least one The of the attorneys who will conduct the trial for each of the parties and by any unrepresented parties." ) The proposed Pretrial Order shall include the full caption of the action. The use of " al."to identify et additional plaintiffs or defendants must be avoided. Listed below are matters to be included in the Pretrial order. For convenience of the court and counsel, it is suggested that the following sequence and terminology be used in the preparation of the Pretrial Order, with each of the items listed below capitalized as a heading. [Note: The proposed Order itself, like all filings, should be doublespaced as requires by D.C.Colo.LR 5.1F.] I. DATE OF CONFERENCE Date of the Pretrial Conference. II. JURISDICTION A statement of the basis for subject matter jurisdiction with appropriate statutory citations. If jurisdiction is denied, give the specific reason for the denial.

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III. CLAIMS AND DEFENSES Summarize the claims and defenses of all parties, including the respective versions of the facts and legal theories. Do not copy the pleadings. Identify the specific relief sought and the specific party or parties against whom it is sought. Unless the same items of relief are sought against all defendants, use of the collective term " defendants"is inappropriate. IV. STIPULATIONS Set forth all stipulations concerning facts, evidence, and the applicability of statutes, regulations, rules, ordinances, etc. V. PENDING MOTIONS List any pending motion to be decided before trial, giving its filing date and the filing date of any briefs in support or opposition. If there are no pending motions, please state "None". VI. WITNESSES 1. List the witnesses to be called by each party. List separately: (a) (b) witnesses who will be present at trial (See Fed.R.Civ. P. 26 (a)(3)(A)); witnesses who may be present at trial if the need arises (See Fed. R.Civ.P. 26(a)(3)(A)).

ADDITIONAL INSTRUCTION: With each witness' name, set forth (1) the city and state in which he

or she resides and (2) whether he or she is expected to testify in person or by deposition.

VII. EXHIBITS 1. List the exhibits to be offered by each party. This list should be specific enough so that other parties and the court can understand, merely by referring to the list, each separate exhibit which will be offered. General references such as " deposition exhibits" or " documents all all produced during discovery"are unacceptable. a. b. c. 2. Plaintiff (s): Defendant (s): Other parties:

The following paragraph shall be included in the Pretrial Order:

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Copies of listed exhibits must be provided to opposing counsel no later than five days before the Final Trial Preparation Conference. The objections contemplated by Fed.R.Civ.P. 26(a)(3) shall be filed with the clerk and served (by hand delivery or facsimile) no later than eleven days after the exhibits are provided. VIII. DISCOVERY Use the following language: Discovery has been completed. [Unless otherwise ordered, upon a showing of good cause in an appropriate motion, there will be no discovery after entry of the Pretrial Order.] IX. SPECIAL ISSUES List any unusual issues of law which the court may wish to consider before trial. If none, please state, " None." X. EFFECT OF PRETRIAL ORDER The following paragraph shall be included in the Pretrial Order: Hereafter, this Pretrial Order will control the subsequent course of this action and the trial, and may not be amended except by consent of the parties and approval by the court or by order of the court to prevent manifest injustice. The pleadings are deemed merged herein. This Pretrial Order supersedes the Scheduling and Discovery Order. In the event of ambiguity in any provision of this Pretrial Order, reference may be made to the record of the pretrial conference to the extent reported by stenographic notes and to the pleadings. XI. TRIAL AND ESTIMATED TRIAL TIME/TRIAL PREPARATION CONFERENCE 1. State (1) whether trial is to the court or a jury, (2) estimated trial time, (3) situs of trial, and (4) any other orders pertinent thereto. 2. 3. Trial Date: ____________________________ Final Trial Preparation Conference Date: ________________________

[Note to counsel and the parties: the court will set these dates at the Pretrial Conference; or, if it cannot do so, it will enter further rulings concerning the conference and trial settings.]

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At the Final Trial Preparation Conference, counsel are directed to comply with the Instructions Concerning Preparation for Final Trial Preparation Conference. (See Section III below) ******** Provide names, addresses, telephone numbers, and signatures of counsel and provision for approval of the court and signature line for the judge, using the following format: DATED this ____ day of _________________, 200_. BY THE COURT:

JOHN L. KANE, Senior Judge United States District Court FINAL PRETRIAL ORDER APPROVED: (Name) (Address) (Telephone Number) Attorney for Plaintiff (Name) (Address) (Telephone Number) Attorney for Defendant

Please affix counsels'signatures before submission of the proposed Pretrial Order to the court.

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III. INSTRUCTIONS CONCERNING PREPARATION FOR FINAL TRIAL PREPARATION CONFERENCE I will try to hold a Final Trial Preparation Conference approximately three weeks before trial is set to commence. There is no standard order or other document which needs to be submitted before this conference. The Pretrial Order should be reviewed by counsel, because it will guide the course of the trial. If amendments to the Pretrial Order are required " prevent manifest injustice," to those amendments can be considered at this conference. This is counsel' opportunity to invite the s court's attention to any problems which need to be resolved before trial commences or which may arise during the course of the trial. The following must be submitted no later than the date of the Final Trial Preparation Conference: 1. Any stipulated or proposed amendments to the pretrial order and exhibit lists. For exhibit lists, use the attached form. 2. 3. The court's copies of all exhibits. Final witness lists. List separately: (a) witnesses to be called by your party in its case in chief. Set forth the best estimate of the time required for that witness for direct examination and a brief description of the nature of the testimony of the witness. This witness list is counsel' representation, upon which opposing counsel may rely, that s the witnesses listed will be present and available for testimony at trial. If, upon receipt of the status reports from opposing counsel, names of certain witnesses are not listed, counsel may file an addendum. Counsel filing the addendum must have witnesses listed in it present for trial. witnesses whose testimony is to be presented by way of deposition, together with a designation of the portions of the deposition to be used.

(b)

[Note: If deposition testimony has not been recorded stenographically, Fed.R.Civ.P. 26(a)(3)(B) requires that a transcript of pertinent parts be furnished to other parties. The transcript should be provided to other parties at the Final Trial Preparation Conference. It should not be delivered to the court until trial. See Fed.R.Civ.P. 32(c); D.C.COLO.LR 31. If you are going to use deposition testimony, advise opposing counsel of your proposed offer by page and line reference to facilitate the preparation of objections and the offer of additional portions of the transcript. Objections to use of

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a designated deposition (see Fed.R.Civ.P. 26(a)(3)) shall be filed with the clerk and served (by hand delivery or facsimile) no later than five days after the Final Trial Preparation Conference.] 4. review. 5. Provide citations to any case law that counsel believes the court should review before trial. Limit the citations to those which are believed to be controlling or most persuasive. String cites are not welcome. 6. If trial is to the court, proposed findings of fact in chronological sequence and conclusions of law. 7. At the final trial preparation conference counsel will be given an opportunity to argue their differences concerning the jury instructions and verdict forms. I will make rulings at the conference and may instruct the parties to prepare jointly submit a final set of jury instructions to chambers in electronic editable (not pdf) form in a form compatible with Wordperfect 12. IV. CHECKLIST FOR TRIAL 1. Witnesses. Provide three copies of your updated and current list of witnesses to the court and a copy for each opposing counsel on the morning of the trial. One copy will be given to the court reporter to avoid asking for the spelling of names. (Use the attached form for listing your witnesses.) 2. Exhibit Lists. Prepare an updated and current index of exhibits which you expect to offer, using the attached form. You will need to provide three copies of this form for the court and copies for opposing counsel on the morning of trial. 3. Exhibits. Exhibit labels can be obtained from the Clerk's office or purchased from a legal supply vendor before trial. Plaintiff's exhibits should be marked with the yellow labels, using numbers. Defendant' exhibits should be marked with the blue labels, using alphabetical letters. If s there are more than twenty-six exhibits for the defendant, mark them as A-1 through A-26, B-1 through B-26, etc. Do not use double or triple letters. The civil action number should also be placed on each of the exhibit stickers. Each original document exhibit submitted to the clerk shall bear an extended tab showing the number or letter of the exhibit. Counsel should not duplicate exhibits submitted by opposing parties as an exhibit may be used by any of the parties. 12 Trial briefs or motions in limine, if any, which the parties wish to have the court

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Each document exhibit shall be paginated, including any attachments thereto. 4. Copies of Exhibits. Unless otherwise ordered, in addition to the original exhibits, copies of all exhibits will be provided to opposing counsel, the judge, the jury in jury trials (at discretion of counsel and with consent of the court), and you will have a copy. (NOTE: If used, counsel should provide one notebook for each juror, including any alternates.) The copies shall be submitted in 3-ring binders and shall bear extended tabs. Each copy of a document exhibit shall be paginated corresponding to its original. Only those exhibits admitted by stipulation should be placed in the binders for the jurors' use. At the beginning of trial, the notebooks will be distributed to the jurors. As additional exhibits are admitted during the trial, the clerk will hand the jurors copies to place in their notebooks.) Those exhibits that are NOT stipulated should be placed in manila folders, grouping copies of the same exhibit in one file, for easy distribution when admitted. 5. Proposed Instructions and Verdict Forms. See Section II and Section III subparagraph 7, supra. Please note I will use the statement of the case instruction during voir dire examination. Counsel may use the instructions in opening statements. Counsel will be provided the opportunity to make a record of objections before final arguments and after the close of evidence. 6. Terminology. Provide the court reporter with a glossary of any unusual or technical terminology. 7. Written Curriculum Vitae. In bench trials, a written curriculum vitae, marked as an exhibit, will usually suffice for the qualification of an expert witness. 8. Depositions. Pursuant to D.C.COLO.LR 31, depositions, interrogatories, requests for admissions, and the answers and responses thereto are not filed with the Clerk unless on special order of the court. The original deposition transcripts should be in the possession of the party to whom they were delivered and must be brought to the trial at the request of any party. In jury trials, you are requested to provide a person (who may be co-counsel) to read answers. In trials to the court, depositions will not be read in open court. I will read them in chambers in any requested sequence in advance of trial. 9. Audio-Visual Equipment. If you intend to use any special equipment such as video tapes, movies, slides, or tape recorders please make special arrangements with my Secretary, Christina Bornstein, at 303-844-6118. 13

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10. Trial Briefs. Trial briefs may be filed. Briefs shall be filed no later than five days before the commencement of the trial. 11. D.C.COLO.LR 54.2. In order to avoid assessment of jury costs, you must notify the court of a settlement before twelve noon on the last court business day before the scheduled trial date. 12. Please note and advise all persons appearing with you in court, including co-counsel, paralegals, clients, witnesses and spectators that oath taking is treated quite formally in my courtroom. The courtroom deputy is directed to administer an oath to a jury or witness ONLY when all other activity in the courtroom has ceased. Attorneys are directed to observe the administration of the oath and to stop all other activity such as making notes, reading or shuffling papers, talking to others or moving about. I usually advise juries of the reasons for this rule. If you want a more detailed explanation, simply ask. V. SPECIAL INSTRUCTIONS CONCERNING MOTIONS FOR SUMMARY JUDGMENT All motions for summary judgment and responses submitted to me must comply with the following requirements: 1. In a section of the brief required by D.C.COLO.LR 7.lF styled " Statement of Undisputed Material Facts,"the movant shall set forth in simple, declarative sentences, separately numbered and paragraphed, each material fact which the movant believes is not in dispute and which supports movant' claim that movant is entitled to judgment as a matter of law. s 2. Each separately numbered and paragraphed fact must be accompanied by a specific reference to material in the record which establishes that fact. General references to pleadings, depositions, or documents are insufficient if the document is over one page in length. A " specific reference"means: (a) In the case of papers filed with the court, the title of the paper, the date on which it was filed or served, and a specific paragraph or page and line number; or, if the paper is attached to the motion, the paragraph or page and line number; In the case of interrogatories or requests for admission (the pertinent parts of which must be filed with the motion if not already on file), the number of the interrogatory or request; In the case of depositions or other documents bearing line numbers, the specific page and line(s) establishing the fact; 14

(b)

(c)

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(d)

In the case of affidavits submitted in support of the motion, the specific paragraph number establishing the fact; In the case of other materials not numbered by paragraph, line, or page, a reference which will enable the court to ascertain the fact without reviewing the entire document; the effort at specificity may be made by highlighting, manual underscoring, or pagination supplied by the movant.

(e)

3. Only if the nature of the material fact does not permit a specific reference (e.g., " The contract contains no provision for termination." is a general reference sufficient. ), 4. Any party opposing the motion for summary judgment shall, in a section of the brief required by D.C.COLO.LR 7.lF styled " Response to Statement of Undisputed Material Facts,"admit or deny the asserted material facts set forth by the movant. The admissions or denials shall be made in paragraphs numbered to correspond to movant' paragraph numbering. Any denial shall be s accompanied by a brief factual explanation of the reason(s) for the denial and a specific reference to material in the record supporting the denial. 5. If the party opposing the motion believes that there exists additional disputed questions of fact which he has not adequately addressed in the submissions he has made pursuant to paragraph 4 (for example, disputed facts concerning an affirmative defense), the party shall, in a separate section of the party' brief styled " s Statement of Additional Disputed Facts,"set forth in simple, declarative sentences, separately numbered and paragraphed, each additional, material disputed fact which undercuts movant' claim that he is entitled to judgment as a matter of law. Each s separately numbered and paragraphed fact shall be accompanied by a specific reference to material in the record which establishes the fact or at least demonstrates that it is disputed. 6. In every case, unless otherwise ordered, movant will be permitted to file a reply brief. No further permission to file the reply need be sought, since these Pretrial and Trial Procedures are deemed to constitute the " leave of court"mentioned in D.C.Colo.LR 7.lF. If the movant desires to file a reply brief, it will be filed and served within eleven days after service of the opposing brief. The reply brief will: (a) In a separate section styled " Reply Concerning Undisputed Facts,"contain any factual reply which movant cares to make regarding the facts asserted in his motion to be undisputed, supported by specific references to material in the record. The reply will be made in separate paragraphs numbered according to his motion and the opposing party' response. s In a separate section styled " Response Concerning Disputed Facts"(with respect to each fact which the opposing party, pursuant to paragraph 5, claims to be in dispute), either acknowledge that the fact is disputed or supply a brief factual explanation for his position that the fact is undisputed, accompanied 15

(b)

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by a specific reference to material in the record which establishes that the fact is undisputed. This will be done in paragraphs numbered to correspond with the opposing party' paragraph numbering. s 7. The sole purpose of these procedures is to establish facts and determine which of them are in dispute. Legal argument is not permitted here and should be reserved for separate portions of the briefs. If it is believed that an established fact is immaterial, for example, that belief should be expressed in the part of the briefs devoted to legal argument, and the fact should be admitted. If, on the other hand, it is believed that the reference to material in the record simply does not support the claimed fact, that factual argument may appropriately be made pursuant to these procedures. 8. The text of movant' opening brief and any opposing party' responsive brief shall not s s exceed twenty (20) pages in length. The text of the reply brief shall not exceed twelve (12) pages in length. Exceptions to this provision will be made only in extraordinary circumstances where the court decides that the complexity and numerosity of issues compel briefs of greater length. Permission to file briefs of greater length shall be sought by way of appropriate motion. 9. No party should file a motion for summary judgment or a response thereto without first being completely familiar with the Supreme Court' trilogy of 1986 summary judgment decisions, s (see Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986); Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Matsushita Elec. Ind. Co. v. Zenith Radio, 475 U.S. 574 (1986)), and the controlling Tenth l, Circuit authority (see Kaul v. Stephan, 83 F.3d 1208 (1996); Applied Genetics Int' Inc. v. First Affiliated Sec. Inc., 912 F.2d 1238 (10th Cir. 1990)). 10. Failure to follow these procedures may result in an order striking the motion or brief.

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