Chapter 2 - § 2.2 TIMING

• Jurisdiction: Colorado

§ 2.2 TIMING

Colorado

➢ General. C.R.C.P. 121, § 1-15.8, as applicable, provides that moving counsel shall confer with opposing counsel and any self-represented parties before filing a motion. "The motion shall, at the beginning, contain a certification that the movant in good faith has conferred with opposing counsel and any self-represented parties about the motion." It is strongly recommended this procedure be followed, as some judges have denied motions that have failed to comply with this section.

➢ General. C.R.C.P. 16(c) provides, "Unless otherwise ordered by the court, pretrial motions, including motions in limine, shall be filed no later than 35 days before the trial date . . . ."

➢ General. C.R.C.P. 16.2(c)(4)(A) for domestic relations matters provides, "Motions related to the jurisdiction of the court, change of venue, service and consolidation, protection orders, contempt, motions to amend the petition or response, withdrawal or substitution of counsel, motions to seal the court file or limit access to the court file, motions in limine related to evidentiary hearings, motions for review of an order by a magistrate, and post decree motions may be filed with the court anytime."

➢ General. "[T]he term 'in limine' should be restricted to evidentiary rulings and motions made immediately prior to commencement of trial, as opposed to objections to admissibility made during trial and argued to the court in camera." Good v. A. B. Chance Co., 565 P.2d 217, 221 n. 1 (Colo. App. 1977), superseded on other grounds, 2006 U.S. Dist. LEXIS 19366 (D. Colo. 2006), by statute, C.R.S. §§ 13-50-101, et seq.
➢ General. CRE 103(a)(2) Offer of Proof. In case the ruling is one excluding evidence, the evidence was made known to the court by offer or was apparent from the context within which questions were asked. Once the court makes a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or offer of proof to preserve a claim of error for appeal. See Uptain v. Huntington Lab, Inc., 723 P.2d 1322 (Colo. 1986), specifically regarding a motion in limine.

➢ General. The function of a motion in limine is not unlike a pretrial conference and it may accomplish similar ends. Good v. A.B. Chance Co., 565 P.2d 217 (Colo. App. 1977).

➢ General. C.R.C.P. 16(c) provides that "pretrial motions" shall be filed no

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