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Home Bios - Timothy Schutz
Home Bios - Timothy Schutz
Timothy Schutz - 4th Judicial District Judge

 

Division 9                                                                                                                     

Judge Timothy J. Schutz

Biography:     Judge Schutz graduated, with honors, from Moorhead State University in 1984, with a B.A. in Psychology and a Minor in Political Science.  He attended law school at the University of North Dakota, receiving his Juris Doctorate, with distinction, in 1987.  While in law school, he served as Editor in Chief of the North Dakota Law Review, and was selected to membership in the Order of the Coif.

Judge Schutz served as the President of the El Paso County Bar Association in 2004.  He also served as the President of the El Paso County Bar Foundation in 2006 and 2007. Judge Schutz was a member of the Board of Directors of the Colorado Legal Aid Foundation from 2007 through 2010.  He was appointed to the Judicial Performance Commission in January of 2008, and served as member of the Commission until his appointment to the District Court in 2010.  Judge Schutz is currently serving as the President of the Pikes Peak Pro Bono Project, and co-chair of the Minority Overrepresentation Committee of the Fourth Judicial District.

Prior to his appointment to the bench, Judge Schutz enjoyed a distinguished career as a lawyer, specializing in the areas of civil litigation, intellectual property, land use disputes, and the representation of special districts.

Judge Schutz was appointed to the El Paso County District Court effective November 1, 2010.  Judge Schutz considers it a privilege and honor to serve the residents of the State of Colorado.  It is his goal to bring equal measures of humanity, diligence and scholarship to his judicial calling.

Clerk Info                Lizz Cooper     elizabeth.cooper@judicial.state.co.us     719-452-5358

                                  Christine Davis     christine.davis@judicial.state.co.us     719-452-5357

                                   Fax: 719-452-5028

Court/Chambers          Rooms S503/S533

                                          Located on the Fifth Floor of the South Tower of the Courthouse Complex

                                          270 South Tejon, Colorado Springs, CO 80903

Docket Mix:  The Court’s docket is divided equally between civil and juvenile cases. Judge Schutz also hears cases assigned to the  Public Impact Docket ("PID").

Settings:  The Court sets juvenile trials and civil trials in alternating two week intervals.

Civil trial dates are set at the Case Management Conference, which is held in all civil cases, typically after a responsive pleading has been filed.  Case Management Conferences are scheduled through the Division’s Clerk on Tuesday mornings at 8:30 a.m. (719) 452-5358 or (719) 452-5357.

Juvenile settings will be held in person with the Division 9 clerks in the courtroom on Tuesdays at 8:30am.

Schedule:  The Court works diligently to accommodate the inherent vagaries of a civil and juvenile docket.  A typical week on the Court’s calendar is:

Docket

Monday

Tuesday

Wednesday

Thursday

Friday

Juvenile Weeks

Docket

8:30am - 5:00 pm

 

*2 cases set per half hour

Settings 8:30am

----------------------

Trial Start

9:00 am - 5:00 pm

 

Pretrial Readiness 8:00 am

--------------------------

Trial Continued

9:00 am – 12:00 pm

--------------------------

Contested Hearings & Termination Hearings 130pm

Trial Continued

9:00 am – 12:00 pm

------------------------

Contested Hearings & Termination Hearings 1:30pm

Adoptions

9:00am – 11:00 am

*1 case set per half hour

--------------------------------

Contested Hearings & Termination Hearings 1:30 pm

Civil Weeks

Pretrial Readiness Conference

8:30 am

----------------------

Trial Start

9:00 am - 5:00 pm

Settings 8:30am

----------------------

Trial Continued

9:00 am - 5:00 pm

 

Trial Continued

9:00 am - 5:00 pm

 

Trial Continued

9:00 am – 5:00 pm

Trial

9:00 am - 5:00 pm

--------------------------------

Case Management Conferences

9:00 am & 1:30 pm

General Division Procedures:

Phone Calls:  Division 9 strives to return phone calls promptly.  If you have not heard back from the Division within 24 hours, please call again.

Inclement Weather:  The Court does not close for inclement weather, absent unusual circumstances. If El Paso County buildings are closed, the Courthouse is closed as well.  Otherwise, the Court will conduct business as usual.

Civil Docket Information:

Settings: Potential hearing dates given at setting conferences are not held for the parties. Counsel are to promptly contact the division staff to confirm the date and time selected.  Simply filing a notice without calling the Division Clerk to advise of the final date selection is not sufficient to reserve the date on the Court’s calendar.  If counsel cannot agree upon a date within 72 hours of the setting, the Court will select a date for the parties.

Trial Dates:  Trial dates are given at the Case Management Conference only.  Counsel should have their calendars available for the setting of trials at the Case Management Conference.

Appearances:  Parties are welcome to appear in person at all conference, hearings and trial dates.  Counsel are expected to appear in person for the Case Management Conference, Pre-Trial Readiness Conference, and all hearings. All hearings and trial dates remain set absent an Order from the Court, regardless of settlement.

Vacating Court Dates:  Counsel are advised that agreements among themselves to vacate Court dates or extend deadlines are ineffectual absent explicit approval by the Court.

Ruling on Motions:  Division 9 strives to rule on ripe motions within 30 days.  If a motion is pending for more than 30 days after it is fully briefed, litigants are encouraged to contact the Division clerk for status.

Oral Argument:  The Court will occasionally order oral argument on its own motion.  The parties are invited and encouraged to request oral argument if they believe it would be of material assistance to the Court’s understanding of the issues presented.

Record:  The record in civil proceedings is typically kept by the Court’s electronic recording device.  Parties wishing to arrange for a court reporter should refer to the Chief Judge Order regarding Freelance Court Reporters and contact the Division Clerk in advance of the appearance date with any questions.

Civil Trial Procedures:

Jury Instructions: Counsel are to provide the Court with jury instructions the Wednesday prior to trial. They are to be provided in an electronic format to include: proposed stipulated instructions, plaintiff’s proposed instructions, and defendant’s proposed instructions. Each set is to be formatted as one Word document to help facilitate changes made by the Court. Please no scanned instructions.

Please format the jury instructions as follows:

Arial 12 point font

Double spaced

Office 2003 Default Margins

Case caption on verdict forms

Exhibits: If exhibits are anticipated, exhibits are to be pre-marked and included in exhibit notebooks to be provided for the witness, opposing counsel, and the Court. Counsel are encouraged to utilize exhibit notebooks for individual jurors. Counsel are encouraged to utilize a single exhibit notebook to include Plaintiff and Defendant exhibits. Alternately, exhibits may be included in the juror notebook issued by the Court. If this is desired please provide the stipulated exhibits to the Court clerk no later than 2:00pm the Friday prior to trial. There is also a television in the courtroom which is owned by the District Attorney’s Office. If you would like to use the television to publish exhibits please contact the District Attorney for authorization (719)520-6169.

Voir Dire: A jury panel seating chart will be completed by the Court Judicial Assistant and distributed to all parties and all Division 9 staff.  The Court will consider affording each counsel a mini-opening statement, not to exceed two minutes, before voir dire begins.  The Court will consider giving relevant instructions to the jury panel during voir dire if requested by counsel at the Pre-Trial Readiness Conference.

Potential jurors shall be questioned using the “modified civil” method by which all panel members in the courtroom are to be questioned regardless of where they are presently seated in the jury box. Typically the last juror into the jury box is the alternate juror. Questions to the jury panel shall be focused on bias, fairness, impartiality, and legal impairments to jury service.  Hypothetical questions concerning potential evidence in the case should be avoided.  Promises from jurors will not be solicited. To the extent a potential juror expresses a hardship, the court will consider that issue at the conclusion of the general voir dire process and counsel will refrain from offering to excuse the juror due to hardship. Batson challenges must be made immediately upon the announcement of a questionable strike.

Standard Notices and Orders in Civil Cases

Order Regarding Service of Process:  This standard Order is issued in all civil cases at the time the case is filed, and informs the parties of the deadlines for effectuating service of process and filing motions for default.

Order Regarding Case Management Conference:  This is a standard Order that is issued in all civil cases at the time an answer is filed.  It requires the parties to promptly set a Case Management Conference, and explains the issues that will be addressed by the parties and the Court at the Case Management Conference.

Civil Case Management Order:  The Court does not use a general case management order.  Typically, the Court will follow the case management guidelines set forth in C.R.C.P. 16 and 26.  If the parties believe variance from these guidelines is necessary, they should be prepared to discuss the same at the Case Management Conference.

Trial Management Order:  The Court does not have a standing trial management order.  The Court will expect the parties to timely submit a trial management order that complies with the provisions of C.R.C.P. 16.

Discovery Orders:  The Court does not have a standard order addressing discovery protocol.  Counsel are expected to abide by the letter and spirit of the discovery rules and their ethical obligations to each other, their clients, and the Court.

Conferral Obligations: The Court strictly enforces the letter and spirit of C.R.C.P. 121, §1-15(8). Before filing any motion, counsel must speak with one another concerning the issue presented. The conferral must be conducted in person or by telephone – counsel must actually speak to one another. Electronic communications, emails and letters do not fulfill counsels’ obligation. Failure to meet this conferral obligation will result in the Court summarily denying the subject motion.

Telephone Conference: If the parties, after fulfilling their conferral obligations, are unable to resolve their disagreement they are invited to contact the Division 9 Clerk to set a brief telephone conference with the Court. Often the Court can make 10-15 minutes available to counsel within twenty-four hours, and such conferences are frequently useful in resolving or focusing the parties’ dispute.

Juvenile Docket Information:

Calling of Cases:  The Court will determine, with the input from counsel, the order in which cases are called promptly on docket days.  Docket sessions will commence on time; if parties need to discuss issues with counsel, they are advised to arrive early enough to permit those discussions before the hearing begins.

Trial Readiness Dates:  The Division sets Trial Readiness Conferences at 8:00 a.m. on the Wednesday preceding the trial date.

Motion Hearings:  A motion hearing date will not be set unless specifically requested by counsel or the Court.

Jury Instructions: The County Attorney is to provide the Court with jury instructions the Wednesday prior to trial. They are to be provided in an electronic format to include: proposed stipulated instructions, plaintiff’s proposed instructions, Respondent’s proposed instructions and GAL proposed instructions. Each set is to be formatted as one Word document to help facilitate changes made by the Court. Please no scanned instructions. Please format the jury instructions as follows:

Arial 12 point font

Double spaced

Office 2003 Default Margins

Case caption on verdict forms

Writs: Writs are to be filed with the Court no less than fourteen days prior to the hearing. Writs are to be completed by Respondent Counsel, unless otherwise directed by the Court.

Case Management Order for Juvenile Cases: The Court’s standing Case Management Order for Juvenile Cases applies to all juvenile cases, unless a contrary Order is entered by the Court. The Parties may seek to modify the standard Case Management Order by Motion if necessary to address the particular circumstances of a given case.



More Information

Division: 9

Phone: 719-452-5358
Fax: 719-452-5028

270 South Tejon St
P.O. Box 2980
Colorado Springs CO 80903
Directions/Map

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