Litigation Checklist

This is the start page for my Colorado Civil Litigation Checklist. I am currently developing this checklist as a comprehensive litigation plan and knowledge management system for litigation, providing an overarching organizational theory, a set of checklists, and a list of best practices indexed by topic, all continually updated in an open-source manner.
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The Colorado Rules of Civil Procedure are largely modeled after the Federal Rules, with some significant exceptions. Your feedback is solicited and appreciated--please email me directly or leave comments on appropriate posts.  This checklist is focused on litigation in Colorado state courts.  For checklists specific to litigation in the United States District Court for the District of Colorado, see my Federal Litigation Checklist.
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Engagement & Billing
- Conflict check
- Standard v. alternative billing arrangements
- Retainer
- Motion to Withdraw
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Initial and Iterative Strategic Litigation Plan
- Master Litigation Plan (an overview of system for using this checklist)
- Factual investigation
- Develop pleadings plan (identify claims, elements, defenses, jurisdiction, etc.)
- Develop legal research plan
- Develop expert witness/consultant plan
- Develop motions plan
- Develop settlement plan
- Develop trial plan
- Develop appeal plan
- Master litigation to-do list
- Master litigation calendar (including calendar of court deadlines)
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Correspondence
- Case evaluation to client
- Settlement offer
- Disclosure cover letter
- Discovery dispute letter
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Pleadings
- Pleadings plan
- Substitution of counsel
- Civil cover sheet
- Summons
- Acceptance and waiver of service
- Motion for alternative service / service by publication
- Service
- Filing returns of service
- Answer
- Counterclaims
- Cross-Claims
- Third-Party Complaint
- Jury Demand
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Motions Practice
- Motions plan
- General pre-filing checklist
- Proposed orders
- Motion to Remand
- Motion to Consolidate
- Motion for Change of Venue
- Motion to Dismiss
- Motion to Strike
- Motion for a More Definite Statement of the Claims
- Motion for Judgment on the Pleadings
- Motion to Amend to seek exemplary damages
- Motion for Extension of Time
- Motion to Vacate Trial/Continue
- Motion to Stay
- Motion for Summary Judgment (& Memorandum of Law)
- Motion for Default Judgment
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Case Calendar & CMO
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Discovery
- Initial disclosures
- Privilege logs
- Stipulated Protective Order
- Expert witness/consultant plan
- Written discovery requests
- Written discovery responses
  -- Preliminary Statement & Objections
- Interrogatories
- Requests for Production
- Requests for Admission of Genuineness
- Requests for Admission
- Subpoena
- Subpoena Duces Tecum
- Motion to Quash Subpoena
- Notice of Deposition
- Notice of 30(b)(6) Deposition
- Taking depositions
- Defending depositions
- Deposition objections & disputes
- Verification & corrections
- Discovery disputes
- Motion to Compel
Expert Witnesses
- Expert witness/consultant plan
- Consulting and/or testifying expert?
- Engagement
- Shared/joint expert?
- Guidelines to experts on written reports
- Guidelines on correspondence with experts
- Review of expert reports
- Expert disclosures
- Endorsing Non-Retained Experts or Cross-Endorsing Experts
- Defending Expert Depositions
- Motions to exclude - Shreck/Daubert
- Direct Examination of expert witnesses
- Cross-Examination of expert witnesses
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Mediation & Settlement
- Settlement Plan
- Mediation Statement
- Mediation
- Tax ID and W-9 requirements
- Tax planning advice/how payment is characterized
- Stipulated Dismissal
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Arbitration
- Motions to Compel Arbitration
- Selection of arbitrators
- Selecting governing arbitration act (FAA v. CRUAA or other state analog)
- Proposed arbitration scheduling and procedure orders
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Trial Prep
- Designation of preserved testimony
- Objections to preserved testimony
- Witness and exhibit lists
- Motions in Limine
- Jury Instructions
- Verdict Form
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Trial
- Trial plan
- Voire Dire
- Opening
- Direct Examination
- Cross Examination
- Experts
- Preserved testimony
- Trial objections
- Motion for Directed Verdict
- Closing
- Proposed findings of fact and conclusions of law
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After-Action Procedures
- Review use of checklist in matter, make changes and modifications as appropriate
- Seek feedback from judge, arbitrator, mediator, opposing counsel, and client
- Thank you and wrap-up with client
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Appeal
- Appeal plan
- Preserving issues for appeal
- Motion to stay appeal
- When to appeal
- Notice of Appeal
- Appellate calendar
- Designation of the Record
- Briefs
- Opening brief
- Response brief
- Reply brief
- Cross-Appeal considerations
- Motion for leave to file Amicus brief
- Amicus brief
- Oral argument
- Appellate motions
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Execution of Judgment
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Other Post-Trial
- Motion for Attorneys' Fees
- Motion for Relief from Judgment
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Injunctions
- Motion for TRO and Preliminary Injunction
- Verified Complaint for Declaratory Relief and Injunction-
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Bankruptcy Considerations
- Bankruptcy Considerations
- Suggestion of Bankruptcy
- Adversary proceedings in Bankruptcy Court
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Jeff Vail is a Colorado business litigation and personal injury attorney at The Law Office of Jeff Vail LLC. If you found this post useful, follow me on Twitter @jeffreyvail or sign up for my monthly newsletter for the latest litigation strategy and innovation updates.
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