COLORADO COURTROOM HANDBOOK for CIVIL TRIALS

Transcription

1 COLORADO COURTROOM HANDBOOK for CIVIL TRIALS SECOND EDITION VICTORIA C. SWANSON Managing Editor Supplemented October 2008 February 2010 CONTINUING LEGAL EDUCATION IN COLORADO, INC. COLORADO BAR ASSOCIATION DENVER BAR ASSOCIATION 2010

2 COLORADO COURTROOM HANDBOOK for CIVIL TRIALS SECOND EDITION ISBN: Published by: CONTINUING LEGAL EDUCATION IN COLORADO, INC Grant Street, Suite 300 Denver, Colorado Phone: (303) Toll-free: (888) Fax: (303) Website: Dawn M. McKnight, Esq. Assistant Executive Director Colorado Bar Association CLE Susan Hoyt Legal Editor Colorado Bar Association CLE COLORADO BAR ASSOCIATION CLE CLE in Colorado, Inc. is the nonprofit educational arm of the Colorado Bar Association and the Denver Bar Association Continuing Legal Education in Colorado, Inc. (CBA-CLE) publications are intended to provide current and accurate information about the subject matter covered and are designed to help attorneys maintain their professional competence. Nothing contained in this book is legal advice or other professional advice. Readers are responsible for obtaining advice from their own lawyers or other professional. Publications are distributed with the understanding that CBA-CLE does not render any legal, accounting, or other professional service. The contents of this book do not necessarily reflect the views of the Internal Revenue Service or any other regulating governmental entity. The material in this book represents the opinions and views of the authors, and should not be construed as the views of any of the authors law firms or of Continuing Legal Education in Colorado, Inc. The proper interpretation or application of the material in the book is a matter for the considered judgment of the individual legal practitioner, and CBA-CLE disclaims all liability therefor. As with any legal textbook or other secondary authority, attorneys dealing with specific legal matters should also fully research current, primary authorities. Copyright by Continuing Legal Education in Colorado, Inc. All Rights Reserved.

3 PUBLISHER S NOTE The Colorado Bar Association CLE (CBA-CLE) is pleased to present the 2010 supplement to the Colorado Courtroom Handbook for Civil Trials, Second Edition. With this supplement, this edition is updated to incorporate the latest cases, rule changes, jury instructions, and legislation, in both state and federal courts. It is the product of hundreds of hours of work by the managing editor, Victoria C. Swanson, former president of the Colorado Trial Lawyers Association, and the chapter authors, many of whom have been recognized by their colleagues as some of the top trial lawyers in Colorado. Rather than an in-depth treatise, the Handbook provides a concise and easy-to-read reference for use at counsel s table in a civil trial. Its formatting, indexing, and tabulation were designed to provide trial counsel and judges with fast and accurate citations on both procedural matters and evidentiary issues. No amount of thanks could sufficiently express our gratitude and indebtedness to our volunteer managing editor, Victoria Swanson, for her dedication to the integrity of this handbook. Perhaps she, more than anyone, knows that the usefulness of the handbook to Colorado trial lawyers depends upon the accuracy and timeliness of the information contained in it, and we encourage you to contact either Victoria or me with your comments and suggestions. Dawn M. McKnight Assistant Executive Director Colorado Bar Association CLE ACKNOWLEDGMENT Production of the Colorado Courtroom Handbook for Civil Trials, Second Edition, required the editors to Shepardize the citations used in the book. The research was made possible by a generous contribution from the Colorado Bar Association CLE s technology partner, LEXIS-NEXIS. Shepard s, an operating unit of LEXIS-NEXIS, is the pre-eminent provider of citations research information in the United States. HOW TO CITE THIS BOOK As the first full citation, you may cite this book as: Colorado Courtroom Handbook for Civil Trials, Second Ed. (Victoria C. Swanson ed., CLE in Colo., Inc. Supp. 2010). After the first full citation, you may cite this book as: Colorado Courtroom Handbook for Civil Trials, supra n., at. (2/10) iii

4 COLORADO BAR ASSOCIATION CLE Colorado Bar Association CLE (CBA-CLE) is the nonprofit educational arm of the Colorado and Denver bar associations. We strive to produce high-quality CLE programs and legal publications at competitive prices, with substantial member discounts. However, we are also financially independent from the bar associations and self-supporting. We receive no membership dues or other unearned revenue from the CBA or DBA. Nearly all of our income derives from program registration fees and from sales of books, audio homestudy courses, and course manuals. Every year, hundreds of Colorado lawyers and judges volunteer their time and expertise to help us produce these educational resources for our members. Without this generous contribution of talent, CBA-CLE could not fulfill its mission. CBA-CLE Board of Directors July 2009 to June 2010 Denver Bar Association Appointments Richard I. Zuber Robert A. Holmes Michael T. Mihm Kristin Rozansky Gregory James Smith Brenda L. Storey Colorado Bar Association Appointments Barbara Blumenthal Baird B. Brown E. David Griffith Honorable Terry Ruckriegle Deanna L. Westfall Eugene Zuspann, II Charles C. Turner CBA-CLE Staff B. Gary Abrams Executive Director Evan Brown Manager of Media and Web Development Ellen Buckley, Esq Legal Editor Lisa M. Cordova Program Coordinator Pam Corrigan Finance Manager Mary Dilworth Marketing Manager Lisa C. Travis Fischer, J.D Acquisitions Editor/Manager Priscilla S. Fulmer, Esq Program Attorney Alli Gerkman, J.D Manager of Online Content and Development Patricia Heiden Program Coordinator Susan Hoyt Legal Editor Darlene M. Johnson Managing Editor Terri L. Jones Customer Service Lori L. Krupske Order Fulfillment/Shipping Manager/Finance Assistant Deb Marnocha Desktop Publisher Molly O. McGill, J.D Books-Program Attorney Dawn M. McKnight, Esq Assistant Executive Director Jo McWilliams Order Fulfillment/Shipping Assistant Ryan Morris Data Specialist Julie Lynn Revers Program Administrator Kristen Wolfe Publications Assistant/Customer Service Brock Wood, Esq Program Attorney iv (2/10)

5 EDITOR S NOTE This book is for Colorado litigators in state and federal courts. Who among us has been in the heat of a trial and has not been faced with an issue a little issue, an obscure issue, an unusual request and we know, just know, that there was a case we once read that addressed that point, if only we could remember the name of the case...? Experienced litigators have their own trial law books, compiled over years of trial practice as a ready reference for just that occasion. Colorado Courtroom Handbook for Civil Trials gives every Colorado litigator a ready reference for issues that arise during trial. This book is a compilation of legal notes on litigation topics from some of the best and most experienced litigators in Colorado in an easy-to-read format for use at the counsel table in court. This is not a legal treatise. Indeed, legal scholars have written volumes on some issues that are addressed in the Handbook. Rather, this book provides the courtroom practitioner with answers that are needed right now, when the judge turns to the lawyer and asks, And what is your position on this matter? Effort has been made by the authors and the editor to search out and report the cases on courtroom issues. There is a clear bias toward civil, rather than criminal, trial issues in this Handbook. If an issue or case has been missed, the editor would be most grateful to learn of that point so that it may be included in the next supplement to this book. If, during courtroom use of this book, the practitioner has suggestions for improving its usefulness as a reference, the editor would be most grateful to learn of that, too. Thanks to all the busy trial lawyers who took time away from their clients and families to join us for the Second Edition so that all of us may be as prepared for trial as they are. Victoria C. Swanson, Esq. Sears & Swanson, P.C. Colorado Springs, Colorado January 2010 (2/10) v

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7 Victoria C. Swanson, Esq. Sears & Swanson, P.C. 2 N. Cascade Ave., Ste Colorado Springs, CO (719) [email protected] ABOUT THE MANAGING EDITOR Chapter 4 Juror Misconduct During Trial Chapter 7 Expert Witnesses Chapter 16 Re-Opening the Case Chapter 20 Jury Deliberations Victoria C. Swanson is a 1975 graduate of the University of Detroit School of Law. She is a past president of the Colorado Trial Lawyers Association and is the recipient of the 2005 Kenneth Norman Kripke Lifetime Achievement Award from the Colorado Trial Lawyers Association. She is chair of the Amicus Committee of the Colorado Trial Lawyers Association. She has been a member of the Colorado Supreme Court Civil Jury Instruction Committee since 1987 and certified as a civil trial advocate by the National Board of Trial Advocacy since She is the author of Colorado Evidence Handbook (Bradford Publishing Co., 2005) and editor of Colorado Auto Litigators Handbook (CTLA, 1994, 2nd ed. 2006). She is a member of the American Association for Justice, having served as chair of its Aviation Section and Women s Caucus. She has been named one of the Colorado Super Lawyers since 2006 by 5280 Magazine. (2/10) vii

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9 Bennett S. Aisenberg, Esq. The Law Offices of Bennett S. Aisenberg, P.C Broadway, Ste Denver, CO (303) ABOUT THE AUTHORS Chapter 14 Use of Depositions Bennett (Ben) S. Aisenberg practices law in Denver. He graduated from Brown University and received his law degree from Harvard Law School. He has served as a member of the Colorado Bar Association Ethics Committee since In 2003, he received the Denver Bar Association Award of Merit. He is a past president of the Colorado Bar Association, the Denver Bar Association, and the Colorado Trial Lawyers Association. Amanda M. Burke, Esq. Gregory R. Giometti & Associates 50 S. Steele St., Ste. 480 Denver, CO (303) [email protected] Chapter 11 Documents, Things, and Demonstrative Evidence Ms. Burke entered private practice in 2008 as an associate with Gregory R. Giometti & Associates, after serving a year as a law clerk to the Honorable Christopher Munch of the First Judicial District of the State of Colorado. With the primary focus of her practice on civil litigation, Ms. Burke has handled a broad range of civil matters, including wrongful death cases, insurance bad faith claims, motor vehicle cases, defamation actions, medical malpractice cases, and insurance coverage issues. Ms. Burke was admitted to practice in Colorado in 2007, received her Juris Doctor from the University of Kansas School of Law in 2007, and received her Bachelor of Business Administration from the University of San Diego in 2003 (summa cum laude). While in law school, Ms. Burke served as an Articles Editor on the Kansas Journal of Law and Public Policy, and was an Intern in KU s Legal Aid Program, where she represented clients in both criminal and domestic matters. Ms. Burke also extended her studies internationally, spending a semester studying in Madrid, Spain, and studying principles of Constitutional Law under Justice Antonin Scalia of the United States Supreme Court in Istanbul, Turkey. In addition to her contribution to the Colorado Courtroom Handbook for Civil Trials, Ms. Burke also assisted Gregory R. Giometti with his recently published update to Colorado Law of Insurance Bad Faith 3d ed. (CLE in Colo, Inc. 2009). (2/10) ix

10 Colorado Courtroom Handbook for Civil Trials James R. Christoph, Esq. James R. Christoph, P.C Spruce St., Ste. 205 Boulder, CO (303) Chapter 3 Jury Selection James R. Christoph is a graduate of the University of Colorado School of Law. His practice emphasizes personal injury, premises liability, general civil and criminal litigation, and mediation and arbitration. Mr. Christoph served as president of the Boulder County Bar Association in , president of the Colorado Trial Lawyers Association in , and president of the Boulder County Bar Foundation in He served as a vice president of the Colorado Bar Association in He is a fellow of the International Society of Barristers, the Colorado Bar Foundation, and the Boulder County Bar Foundation. He was a member of the Judicial Performance Commission for the 20th Judicial District from 2002 to 2009 and was co-chair of the Commission from 2004 to Mr. Christoph is the recipient of the Colorado Trial Lawyers Association s 2000 Case of the Year Award for his successful verdict in Rice v. Home Depot. He was named a Colorado Super Lawyer from 2007 to 2010 by 5280 Magazine in the Personal Injury category. He is a frequent author and speaker in the areas of trial advocacy, personal injury, civil litigation, mediation, and arbitration. Andrew J. Felser, Esq. Andrew J. Felser, P.C. 501 S. Cherry St., Ste Denver, CO (720) [email protected] Chapter 13 Evidence Hearsay Andrew J. Felser is a graduate of the Georgetown University School of Foreign Service and the University of Maryland School of Law. He was a civil and criminal litigator in Maryland from 1982 to 1990, trying innumerable cases to judges and juries. After eluding SCUD missiles as a respite from litigation while on sabbatical in Israel during the Gulf War, he returned to Colorado, his boyhood home. He formed his solo practice in 1994 and most of the time can be found handling civil litigation, business, intellectual property, and real estate matters. He taught in the Lawyering Process Program at the University of Denver Sturm College of Law from 1998 until caught doing so in He served as president of the Jewish Business Association of Colorado from 1997 to x (2/10)

11 About the Authors Gregory R. Giometti, Esq. Gregory R. Giometti & Associates 50 S. Steele St., Ste. 480 Denver, CO (303) Chapter 11 Documents, Things, and Demonstrative Evidence Gregory Giometti graduated from the University of Oregon in 1979 with a bachelor s degree in history. He then attended the University of Idaho College of Law, obtaining his J.D. degree in 1982 and becoming licensed in Idaho in September After law school, he clerked for the Idaho Court of Appeals for a year and then began practicing with a Boise insurance defense firm, Quane, Smith, Howard and Hull. In October 1987, he was admitted to the bar in Colorado and began practicing law in Denver. For more than 20 years in Colorado, Mr. Giometti has concentrated his practice in the area of insurance defense litigation, but he also handles some plaintiffs cases, particularly wrongful death, probate, and health and disability insurance matters. Since October 6, 2006, Mr. Giometti has practiced with his own firm in Denver, Gregory R. Giometti & Associates. He has conducted more than 50 civil jury trials in Colorado district courts and has also handled numerous appellate matters. He is one of Colorado s most experienced attorneys in handling insurance bad faith and wrongful death litigation. Since 1996, Mr. Giometti has authored numerous works for Continuing Legal Education in Colorado, Inc., the non-profit educational arm of the Colorado Bar Association. Mr. Giometti s publications include Colorado Law of Insurance Bad Faith 3d ed. (CLE in Colo., Inc. 2009); Colorado Automobile Accident Litigation & Insurance Handbook (CLE in Colo., Inc. 2007); and Colorado Handbook of Wrongful Death Law 2d ed. (CLE in Colo., Inc. 2006). Gregory E. Goldberg, Esq. Holland & Hart, LLP th St., Ste Denver, CO (303) [email protected] Chapter 23 Technology in the Courtroom Gregory E. Goldberg is a partner in Holland & Hart s commercial litigation, white-collar, and corporate compliance practice groups. Specifically, Mr. Goldberg represents companies and individuals in federal litigation and in responding to government criminal and administrative (2/10) xi

12 Colorado Courtroom Handbook for Civil Trials investigations, and requests for documents and information. Mr. Goldberg is the president of the Faculty of Federal Advocates and serves on the executive committee of the Hon. William Doyle Inn of Court. Prior to joining Holland & Hart, Mr. Goldberg served as an assistant U.S. attorney in the Department of Justice, where he coordinated federal grand jury investigations, and prosecuted federal crimes. He has tried more than 20 federal jury trials and several bench trials, many in technological or paperless format. Mr. Goldberg is a graduate of Dartmouth College and Columbia Law School, and served as a law clerk for Judge Paul J. Kelly, Jr. of the U.S. Court of Appeals for the Tenth Circuit. John W. Grund, Esq. Grund, Dagner & Nelson, P.C Lincoln St., Ste Denver, CO (303) [email protected] Chapter 5 Juror View of the Scene Chapter 6 Conduct of Trial Chapter 19 Jury Instructions John W. Grund is managing shareholder at Grund, Dagner & Nelson, P.C., in Denver. He is licensed in state and federal court in Colorado and Wyoming, and the Fifth, Sixth, and Tenth Circuit Courts of Appeal; and practices throughout the Rocky Mountain region, specializing in the defense of complex and multidistrict litigation and emphasizing product liability, recreation/ amusement liability, common-carrier and general aviation law, hospital liability, professional negligence, and insurance law. He was educated at Pomona College (B.A.), the University of Washington (M.A.), and the University of Colorado (J.D.). Before entering private practice, he served as law clerk to the Honorable Fred M. Winner, chief judge for U.S. District Court for the District of Colorado. Mr. Grund is an appointed member of the Colorado Supreme Court Committee on Civil Pattern Jury Instructions (since 1987) and chairs the subcommittee responsible for Product Liability, Professional Malpractice, and Insurance Bad Faith. He also chairs the six-member national Amicus Committee for the Defense Research Institute (DRI). He is co-author of (and annually supplements) the four-volume Personal Injury Practice Torts and Insurance (West Group 2d ed. 2000); has authored the Torts chapter for CBA-CLE s Annual Survey of Colorado Law for a number of years; and has been a frequent presenter at legal seminars involving all aspects of tort liability and trial law. He also serves as an expert witness in the fields of insurance coverage, legal malpractice, and attorney fee litigation. In 2001, the Colorado Defense Lawyers Association (CDLA) created the John W. Grund Excellence in Leadership Award, naming Mr. Grund as its first recipient. Mr. Grund has been peer selected for the The Best Lawyers in America, in the Insurance Law Specialty, and for the Colorado SuperLawyers in the classification of Personal Injury Defense: General. xii (2/10)

13 About the Authors Kevin S. Hannon, Esq. The Hannon Law Firm, LLC 1641 Downing St. Denver, CO (303) Chapter 2 Motions In Limine Kevin S. Hannon founded The Hannon Law Firm in Denver in His firm s practice emphasizes environmental law including toxic torts, insurance bad faith, products liability, and other personal injury law. He has worked for the U.S. Environmental Protection Agency in both the air and toxic substances programs, and has a master s degree in environmental management. Mr. Hannon was trial counsel in Orjias v. Louisiana-Pacific and Escamilla v. Asarco, each the largest verdicts in Colorado environmental damage cases at the time of verdict. Mr. Hannon has served as editor of the Colorado Trial Lawyers Association (CTLA) monthly magazine Trial Talk, has co-chaired CTLA s Environmental Law Seminars, and does public speaking for the University of Denver and other organizations on environmental matters. H. Paul Himes, Jr., Esq. The Law Offices of Bennett S. Aisenberg, P.C Broadway, Ste Denver, CO (303) Chapter 14 Use of Depositions H. Paul Himes, Jr. is a graduate of the University of Denver and the University of Denver College of Law. He has practiced in Colorado since (2/10) xiii

14 Colorado Courtroom Handbook for Civil Trials David Hughes, Esq. Boulder County Attorney s Office P.O. Box 471 Boulder, CO (303) [email protected] Chapter 8 Lay Witnesses Chapter 12 Evidence Testimony Chapter 15 Use of Pleadings and Discovery David Hughes is a deputy county attorney with the Boulder County Attorney s Office. He specializes in land use litigation and supervises the Land Use and Public Officials unit of the office. Before coming to Boulder, he was an assistant county attorney with the Jefferson County Attorney s Office. Mr. Hughes publication credits include articles in The Colorado Lawyer and the University of Colorado Law Review. He is an instructor for the Planning Institute of Colorado and has given presentations to the Colorado County Attorneys Association, the Colorado Municipal League, and the American Planning Association, among others. He received his law degree and B.A. from the University of Colorado. Andrew S. Kelley, Esq. Faegre & Benson, LLP 1700 Lincoln St., Ste Denver, CO (303) [email protected] Chapter 10 Evidence Relevance Andrew Kelley is a commercial litigator in Faegre & Benson s Denver office. His practice focuses on representing clients in all phases of complex commercial litigation in the state and federal courts, bankruptcy litigation (on behalf of debtors and creditors), arbitration, and appellate advocacy. Mr. Kelley is a graduate of the University of Colorado and the Harvard Law School, and served as a law clerk for Justice Gregory J. Hobbs of the Colorado Supreme Court. xiv (2/10)

15 About the Authors George Koons III, Esq. Hall & Evans, LLC th St., Ste. 600 Denver, CO (303) Chapter 18 Directed Verdict/Judgment as a Matter of Law George Koons III is a trial lawyer whose practice emphasizes product liability defense and consumer litigation on a regional and national basis. He frequently handles complex litigation matters, including the defense of a wide spectrum of products liability matters involving the design, manufacture, and warnings related to consumer and industrial products. As part of his commercial practice, Mr. Koons represents a variety of lenders and businesses with contract disputes. Mr. Koons was admitted to practice in Colorado in 1996 and is admitted before the U.S. District Court for the District of Colorado and the U.S. Court of Appeals for the Tenth Circuit. He received his J.D. from the Whittier College School of Law, where he was awarded the American Jurisprudence Award in Legal Writing. He graduated from the University of Northern Colorado in 1987 with a B.S. in business administration and marketing. F. Michael Ludwig, Esq. Wood, Ris & Hames, P.C Sherman St., Ste Denver, CO (303) [email protected] Chapter 9 Opening Statements F. Michael Ludwig, a Denver native, is a graduate of Georgetown University (1961, cum laude) and the University of Denver (1964). He is Of Counsel to Wood, Ris & Hames, P.C. and specializes in civil litigation with a current emphasis on professional liability. He is a member of the Denver and Colorado bar associations (chair, Professional Liability Committee, 1994 and 1995), the Federation of Insurance and Corporate Counsel, the American Board of Trial Advocates (advocate), the Colorado Defense Lawyers Association (president, 1982 through 1983), and the Denver Law Club (president, 1978 through 1979). (2/10) xv

16 Colorado Courtroom Handbook for Civil Trials Joseph J. Mellon, Esq. Polsinelli Shughart PC 1515 Wynkoop St., Ste. 600 Denver, CO (303) Chapter 1 Pre-Trial Chapter 21 Post-Trial Juror Communications Joseph J. Mellon is a trial lawyer with 35-plus years of experience trying cases and arguing appeals in state and federal courts in Colorado and throughout the country. He is licensed to practice law in Michigan and Colorado, and is currently a shareholder at Polsinelli Shughart, PC. He has participated as lead counsel in numerous civil jury trials at the state and federal levels, involving business litigation, construction litigation, class actions, professional liability, civil rights, and personal injury, achieving several multimillion dollar verdicts. Mr. Mellon is admitted to practice before the U.S. Supreme Court, the U.S. Court of Appeals for the Sixth and Tenth Circuits, the U.S. Claims Court, the U.S. District Courts for the District of Colorado and the Eastern and Western Districts of Michigan, and all state courts in Michigan and Colorado, and has been admitted pro hac vice in state and federal courts throughout the country. He is a member of the State Bar of Michigan, the Colorado Bar Association, the Denver Bar Association, the American Association for Justice, the Colorado Trial Lawyers Association, the Faculty of Federal Advocates, and Minoru Yasui American Inn of Court. Mr. Mellon has taught seminars on police misconduct, construction litigation, and the Colorado Consumer Protection Act. Ross W. Pulkrabek, Esq. Jones & Keller, P.C Broadway, Ste Denver, CO (303) [email protected] Chapter 22 Post-Trial Motions and Issues Ross W. Pulkrabek is a shareholder at Jones & Keller, P.C. His practice emphasizes fraud and business litigation; commercial disputes; and professional liability cases, including legal malpractice, business broker malpractice, and real estate broker malpractice. Mr. Pulkrabek received his undergraduate degree from Johns Hopkins University and his law degree from the University of Colorado, where he was a notes and comments editor of the University of Colorado Law Review and a member of the Order of the Coif. Following graduation from law school, Mr. Pulkrabek clerked for Chief Justice Mary Mullarkey of the Colorado Supreme Court. He is a member of the Denver and Colorado bar associations and currently serves on the CBA Ethics Committee. xvi (2/10)

17 About the Authors Robert A. Schuetze, Esq. Schuetze & Gordon LLP 1260 Yellow Pine Ave. Boulder, CO (303) Chapter 17 Closing Argument Robert A. Schuetze is a 1976 graduate of the University of Denver School of Law. He is a past president of the Boulder County Bar Association and past senior vice president of the Colorado Bar Association. He is a trustee and past president of the Colorado Bar Foundation, and is past president of the Colorado Trial Lawyers Association and recipient of its 2007 Kenneth Norman Kripke Lifetime Achievement Award. Mr. Schuetze is the former chairman of the Railroad Law Section of the American Association for Justice and is a member of the American Board of Trial Advocates. His practice has focused on plaintiff representation in the areas of product liability, ski lift failures, aviation accidents, train disasters, and commercial torts. Mr. Schuetze is recognized for his excellence in personal injury law in the publication Best Lawyers in America. David W. Stark, Esq. Faegre & Benson, LLP 1700 Lincoln St., Ste Denver, CO (303) [email protected] Chapter 10 Evidence Relevance David W. Stark is a trial lawyer practicing in the area of complex commercial litigation with emphasis in intellectual property, securities, banking, energy, and real estate disputes. He is a partner with Faegre & Benson, LLP. After receiving his B.A. from the University of Colorado, Mr. Stark attended the University of Colorado School of Law, graduating in He was employed as a chief deputy district attorney in the Denver District Attorney s Office, serving from 1973 to He was an adjunct professor at the University of Denver College of Law. Mr. Stark has lectured at numerous continuing legal education seminars regarding trial advocacy and other litigation topics, and served as a member of the Board of Governors of the Colorado Bar Association and the Colorado Bar Association Ethics Committee. He also served as the chair of the Colorado Supreme Court Attorney Regulation Committee from 1996 through 2001 and currently is the chair of the Colorado Supreme Court Attorney Regulation Advisory Committee. He has served as a member of the Colorado Supreme Court Standing Committee on the Rules of Professional Conduct since He has successfully tried numerous jury and bench trials in federal and state court, and has also handled an extensive number of appeals through briefing and oral argument. (2/10) xvii

18 Colorado Courtroom Handbook for Civil Trials Elizabeth A. Starrs, Esq. Starrs Mihm LLP th St., Ste Denver, CO Chapter 22 Post-Trial Motions and Issues Elizabeth A. Starrs is a principal of Starrs Mihm LLP, a boutique litigation firm in Denver, Colorado. In her 29 years of practice, Ms. Starrs has extensive trial experience in cases involving business fraud, real estate litigation, malpractice, and employment. Ms. Starrs is a past president of the Colorado Bar Association ( ). She is active in the Denver Bar Association, having served on its Board of Trustees in and as president in Ms. Starrs has also held leadership positions in the Colorado Women s Bar Association. Ms. Starrs was elected to the American College of Trial Lawyers and was the first woman from Colorado to be inducted into the International Academy of Trial Lawyers. She is also a past president of the Colorado Chapter of the American Board of Trial Advocates, an invitation-only organization of trial lawyers committed to preserving jury trials in civil cases. Ms. Starrs received her undergraduate degree from the University of Michigan and her J.D. from Suffolk University Law School. She is a member of the Massachusetts and Colorado bar associations, the U.S. District Court (D. Mass. and D. Colo.), the U.S. Court of Appeals (First Circuit and Tenth Circuit), and the U.S. Supreme Court. Ms. Starrs limits her practice to complex civil litigation, mediation, and arbitration. xviii (2/10)