(a) through (b). No Change.
(c) Powers. The order of reference to the master may specify or limit the master’s powers and may direct the master to report only upon particular issues, or to do or perform particular acts or to receive and report evidence only and may fix the time and place for beginning and closing the hearings and for the filing of the master’s report. Subject to the specifications and limitations stated in the order, the master has and shall exercise the power to regulate all proceedings in every hearing before the master and to do all acts and take all measures necessary or proper for the efficient performance of the master’s duties under the order. The master may require the production before the master of evidence upon all matters embraced in the reference, including the production of all books, papers, vouchers, documents, and writings applicable thereto. The master may rule upon the admissibility of evidence unless otherwise directed by the order of reference and has the authority to put witnesses on oath and may himself (or herself) examine them and may call the parties to the action and examine them upon oath. When a party so requests, the master shall make a record of the evidence received, offered, and excluded in the same manner and subject to the same limitations as a court sitting without a jury.
(d) through (e). No Change
Nancy E. Rice
Colorado Supreme Court Justice
Pursuant to 28 U.S.C. § 2701, Federal Rules of Civil Procedure 83, and after publication and an opportunity for comment, it is now
ORDERED that the following amended local rules designated D.C.COLO.LCivR 5.6 and D.C.COLO.LCivR 10.1 will become effective June 1, 2005.
ELECTRONIC CASE FILING
A. Electronic Filing. Pursuant to Fed. R. Civ. P. 5(e), the court will permit materials to be filed, signed, and verified by electronic means. Parties filing by electronic means shall comply with standards and procedures set forth in a manual entitled "Electronic Case Filing Procedures for the District of Colorado." The current version of that manual shall be available in the clerk's office, and shall be posted on the court's web site.
B. Paper Filings. Parties authorized or directed to file in paper format, pursuant to exceptions enumerated in the Electronic Case Filing Procedures for the District of Colorado, shall continue to file in accordance with all provisions of the local rules.
C. Time. Nothing in the Electronic Case Filing Procedures for the District of Colorado alters the rules governing the computation of the deadlines for filing and service of documents that are set forth at Fed. R. Civ. P. 6.
D. Service. Parties are authorized to make service under Fed. R. Civ. P. 5(b)(2)(D) through the court's transmission facilities.
FORMAT AND COPIES OF PAPERS PRESENTED FOR FILING
A. Definition. The term "papers" includes pleadings, motions, briefs, or other filings made pursuant to the Federal Rules of Civil Procedure or these rules.
B. Size. All documents filed with the court shall be on 8½- by 11-inch, white paper. Use of recycled paper is acceptable.
C. Margins. Margins shall be 1½ inches at the top and 1 inch at the left, right, and bottom.
D. Font. Except in pro se cases or for good cause shown, all papers shall be typewritten using black ink and not less than 12-point font.
E. Spacing. All papers shall be double-spaced.
F. Text. Text shall be printed on one side of the page only.
G. Legible. All papers and signatures shall be legible.
H. Exhibits. Exhibits, other than documentary evidence in a different format, shall conform to this rule.
I. First Page; Case Number. The title of every paper shall reflect accurately its nature and the identity of the party on whose behalf it is filed. All papers filed in pending cases after commencement of the case shall bear the proper case number, including in sequence the case year; the notation of the case type; the chronological case number; the initials of the district judge assigned; and the initials of the magistrate judge assigned:
1. civil case types shall be designated "cv" (for example 04-cv-1234-LTBOES);
2. miscellaneous filings of papers case types shall be designated "mc" (for example 04-mc-123); and
3. registrations of judgment pursuant to 28 U.S.C. § 1963 case types shall be designated "rj" (for example 04-rj-123).
When the case is commenced, the clerk will select and designate the case type and the assigned district judge and the assigned magistrate judge. The parties will thereafter use that designation as the case number. For the initials of the judicial officers, see Appendix N.
J. Caption. The caption format shall be as set forth in Appendix E. Parties shall be listed in a caption with one party per line. The proper name of a party shall be in capital letters, and any identifying text shall be in upper and lower case immediately following the proper name. For example:
XOXOXO, individually, and in his official capacity as,
XOXOXO, d/b/a XOXOXO,
XOXOXO, a/k/a XOXOXO,
XOXOXO, INC., a Colorado corporation, and
XOXOXO whose true name is unknown.
K. Signature Block. The name, current mailing address, and telephone number of any attorney of record or pro se party filing a paper shall be typed in a signature block at the end of the paper. A post office box number will be accepted as a mailing address, but a street address also must be provided. An electronic-mail address is required unless the filer is allowed to file in paper format pursuant to exceptions enumerated in the Electronic Case Filing Procedures of the District of Colorado. A facsimile number is optional. A paper shall be legibly signed in the signature block by the attorney of record or pro se party filing the paper.
L. Original and Copies. Except for papers filed by facsimile pursuant to D.C.COLO.LCivR 5.1A and filings made electronically pursuant to D.C.COLO.LCivR 5.6A, an original and two copies of every paper shall be filed with the court. The clerk shall transmit one copy to the assigned district judge and one copy to the assigned magistrate judge.
M. Notice of Change of Address, Telephone Number or E-mail Address. Within ten days after any change of address, telephone number or e-mail address of any attorney or pro se party, notice of the new address, telephone number or e-mail address shall be filed.
DATED this _____ day of April 2005,
By the Court:
Lewis T. Babcock, Chief Judge
Marcia S. Krieger, Judge
Edward W. Nottingham, Judge
Robert E. Blackburn, Judge
Wiley Y. Daniel, Judge
Phillip S. Figa, Judge
Walker D. Miller, Judge