Rule 11 Timeline

WATER COURT RULE 11 TIMELINE, PRESUMPTIVE CASE MANAGEMENT ORDER

Day 0                   Entry of order of re-referral; or filing of a protest to the ruling of the referee

Day 45                 Case is at issue

Day 60                 Parties exchange and confer information about the nature and basis of
                           claims and defenses

Day 75                 Applicant’s 26(a)(1) disclosures due

Day 80                 Settlement discussions

Day 90                 Stipulated Modified CMO due if supported by good cause

Day 105               Opposer’s 26(a)(1) disclosures due/Trial Setting

Day 120               Certificate of Compliance is filed (except 26(a)(2) disclosures)

Days Before Trial

Day 240               Applicant’s 26(a)(2) disclosures due

Day 120               Opposer’s 26(a)(2) disclosures due

Day 90                 Rebuttal Expert disclosures due/C.R.C.P. 56 motions due

Day 35                 Pretrial Motions (except C.R.C.P. 56) due

By Subject Matter:

PRESUMPTIVE CMO:  except as provided in (c) of U.L.R. 11, the parties shall not file a CMO, and subsection (1)-(10) of U.L.R. 11 shall constitute the CMO.

CASE AT ISSUE:  45 days after re-referral date or filing of a protest.

CONFER AND EXCHANGE INFORMATION: 15 days after case is at issue parties shall confer about nature and basis of claims and defenses.

SETTLEMENT DISCUSSIONS:  35 days after case is at issue.

TRIAL SETTING:  No later than 60 days after case is at issue.

CERTIFICATE OF COMPLIANCE:  75 days after case is at issue (except 26(a)(2) disclosures).

PRETRIAL MOTIONS:  35 days before trial.  Except, C.R.C.P. 56 motions shall be filed at least 90 days before trial. 

DISCLOSURES: 

          Applicant’s 26(a)(1) disclosures due: 30 days after case is at issue.

          Opposer’s 26(a)(1) disclosures due: 30 days after applicant’s disclosures due.

          Applicant’s 26(a)(2) disclosures due:  240 days before trial.

          Opposer’s 26(a)(2) disclosures due:  120 days before trial.

          Rebuttal Expert Disclosure due: 90 days before trial.

STIPULATED MODIFIED CMO: No later than 45 days after case is at issue, parties can file, supported by good cause shown for each modification sought.

All other timelines are governed by C.R.C.P. rules 16, and 26 thru 37, unless modified by motion and order of the court.