Case Calendar & Court Deadlines (Litigation Checklist)

This case calendar and court deadlines checklist and list of best practices is part of my Colorado Litigation Checklist approach to litigation knowledge management and litigation strategy.

This checklist is based on the Colorado Rules of Civil Procedure, and is significantly different than the calendar and deadlines applicable in federal courts (I will publish a separate federal calendar/deadlines checklist soon).  Additionally, many of these deadlines are presumptive but can be changed by case management and scheduling orders or motions for extensions of time in individual cases.  The following deadlines assume that parties opt out of simplified procedure if applicable.
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Checklist:
Deadlines running forward from at issue date (date all parties have answered or been defaulted):
+ 15 days after at issue:  Meet and confer with opposing counsel regarding claims and defenses, Rule 26(a)(1) disclosures, and Case Management Order per C.R.C.P. 16(b)(3)
+ 30 days after at issue:  Plaintiff set matter for trial per C.R.C.P. 16(b)(4)
+ 30 days after at issue:  Initial disclosures due per C.R.C.P. 16(b)(5) and 26
+ 35 days after at issue:  Deadline to opt out of simplified procedure if applicable per C.R.C.P. 16.1(d)
+ 35 days after at issue:  Parties must have discussed settlement per C.R.C.P. 16(b)(6)
+ 45 days after at issue:  File certificate of compliance with Rules 16(b)(3-6) per C.R.C.P. 16(b)(7)
+ 45 days after at issue:  File stipulated modified case management order (only if all parties agree to jointly seek to deviate from the presumptive Case Management Order and show good cause) per C.R.C.P. 16(c)(1)
+ 45 days after at issue:  Discovery may commence per C.R.C.P. 16(b)(10)
+ 90 days after at issue:  Deadline to designate non-parties at fault
+ 120 days after at issue:  Deadline for motions to amend pleadings and add additional parties to the case per C.R.C.P. 16(b)(8);  see also Rule 15

Deadlines running backward from trial date:
- 120 days before trial:  Plaintiff's expert disclosures due per C.R.C.P. 26(a)(2)(C)(I)
  -- Deadline for Defendant to file rebuttal expert disclosures is 20 days later, per C.R.C.P. 26(a)(2)(C)(III)
- 90 days before trial:  Defendant's expert disclosures due per C.R.C.P. 26(a)(2)(C)(II)
 -- Deadline for Plaintiff to file rebuttal expert disclosures is 20 days later, per C.R.C.P. 26(a)(2)(C)(III)
- 85 days before trial:  Deadline to file motion for summary judgment per C.R.C.P. 16(b)(9) and 56(c)
- 80 days before trial:  Deadline to serve written discovery (hand delivered)
- 70 days before trial:  Deadline to file cross-motion for summary judgment per C.R.C.P. 56
- 60 days before trial:  Motion to exclude expert testimony pursuant to CRE 702
- 50 days before trial:  Discovery cut-off per C.R.C.P. 16(b)(10)
- 40 days before trial:  Exchange draft witness lists and exhibits in preparation of Trial Management Order per C.R.C.P. 16(f)(2)
- 35 days before trial:  Deadline to file pre-trial motions and motions in limine
- 30 days before trial:  Deadline to complete court-mandated ADR
- 30 days before trial:  File Trial Management Order
- 25 days before trial: Deadline to designate deposition or other preservation testimony for proponent of testimony per C.R.C.P. 16(f)(3)(IV)(D)
- 15 days before trial:  last day to serve statutory offer of settlement
- 10 days before trial:  Rebuttal designations regarding parties' preservation testimony per C.R.C.P. 16(f)(3)(IV)(D)
- 10 days before trial:  Deadline to file trial briefs per C.R.C.P. 16(f)(3)(VI)(D)
- 5 days before trial:  Reply designations regarding parties' preservation testimony per C.R.C.P. 16(f)(3)(VI)(D)
- 3 days before trial:  Submit designated deposition and preservation testimony per C.R.C.P. 16(f)(3)(VI)(D)
- 3 days before trial:  Submit jury instructions and verdict forms per C.R.C.P. 16(g)
** Request for testimony by telephone:  as soon as possible per Rule 43(f)(i)(1)
TRIAL DATE
+ 15 days after Order or Judgment:  File Bill of Costs and Request for Attorneys' Fees
+ 45 days after Order or Judgment:  File Notice of Appeal per C.A.R. 4(a)

Additional considerations:
- See C.R.C.P. 38 regarding jury fee deadlines
- With the 2012 revisions to the C.R.C.P., there is no longer a 3-day extension of time for service by fax, e-mail, or electronic service.
- Motion to strike must be filed within 20 days of relevant pleading per C.R.C.P. 12(f)
- Legal holidays:  New Years Day, MLK, Presidents' Day, Memorial Day, Labor Day, Columbus Day, Vetgerans' Day, Thanksgiving, Christmas, any other day court is closed.
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Thoughts & Best Practices:
- Calendar all known deadlines immediately
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Jeff Vail is a business litigation attorney in Denver, Colorado.  Visit www.vail-law.com for more information.
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This case calendar and court deadlines checklist and list of best practices is part of my Colorado Litigation Checklist approach to litigation knowledge management and litigation strategy.