The 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

- Initial interview

- Conflict check

- Standard v. alternative billing arrangements

- Retainer

- Engagement letter

- Non-engagement letter

- 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 discovery 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

- Demand letter

- Litigation hold letter

- Settlement offer

- Disclosure cover letter

- Discovery dispute letter
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Pleadings

- Pleadings plan

- Entry of appearance

- Substitution of counsel

- Verified motion for admission pro hac vice in Colorado

- Civil cover sheet

- Complaint

- Certificate of review

- Summons

- Acceptance and waiver of service

- Motion for alternative service / service by publication

- Service

- Filing returns of service

- Answer

- Affirmative/Additional Defenses

- Counterclaims

- Cross-Claims

- Third-Party Complaint

- Jury Demand

- Trial setting
- Motion to amend pleadings

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Motions Practice

- Motions plan

- General pre-filing checklist

- Proposed orders

- Notice of Removal

- 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

- Rule 5(c) Motion
- Designation of Non-Parties at Fault

- 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

- Tolling Agreement
- Proposed Case Management Order

- Master Case calendar

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Discovery

- Discovery plan

- Initial disclosures
- Privilege logs

- Stipulated protective order

- Expert witness/consultant plan

- Written discovery requests
- Written discovery responses
  -- Preliminary Statements and Objections

- Interrogatories

- Requests for Production

- Requests for Admission of Genuineness

- Requests for Admission

- Subpoena

- Subpoena Duces Tecum
- Motion to Quash Subpoena
- Motion for protective order

- Affidavit or Declaration

- Notice of Deposition

- Notice of 30(b)(6) Deposition

- Taking depositions

- Defending depositions

- Deposition objections & disputes

- Verification & corrections

- Discovery disputes

- Motion to Compel

- Motion for In Camera Examination
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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

- Taking Expert Depositions

- 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

- Statutory Offer of Settlement

- Mediation Statement

- Mediation

- Settlement Agreement

- 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

- Proposed Trial Management Order

- 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

- Rule 54(b) motion/certification & grounds for opposition

- 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

- Domestication of Foreign Judgments in Colorado

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Other Post-Trial

- Bill of Costs

- Motion for Attorneys' Fees

- Motion for Relief from Judgment

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Injunctions

- Motion for TRO and Preliminary Injunction
- Verified Complaint for Declaratory Judgment 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 business litigation attorney in Denver, Colorado.  Visit www.vail-law.com for more information.