Skip to main content
Home Bios - Timothy Schutz
Home Bios - Timothy Schutz
Timothy Schutz - 4th Judicial District Judge

http://www.coloradojudicialperformance.gov/images/biophotos/2012/Schutz%20(Formatted).jpg

Honorable 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 on the statewide Access to Justice Commission, and is a 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.  He was retained by the Electorate in 2012 and 2018.  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.

 

Judicial Assistant Info                     

Monica Lewis:            monica.lewis@judicial.state.co.us      719-452-5358

Anne Mountjoy:         anne.mountjoy@judicial.state.co.us   719-452-5357

 

Court/Chambers       Rooms S503/S533

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

270 South Tejon St, Colorado Springs, CO 80903

 

Docket Mix:  The Court’s docket is divided equally between civil and juvenile cases.

 

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. Parties may contact the El Paso County snowline (719-520-7669) to find out if the Courthouse will be open.

 

Civil Docket Information:

Judge Schutz believes that the Court and lawyers, as officers of the Court, have an obligation to resolve civil disputes in a timely and efficient manner, recognizing that the degree of discovery, expert testimony, and time for trial preparation will vary depending upon the significance, complexity and monetary implications presented by a particular case.  Judge Schutz believes it is the responsibility of the Court and counsel to think critically, and early, about how to most efficiently resolve disputes based upon the issues presented in the case.  The Court values the input of counsel in developing such a case management plan.  The Court also believes that counsel have an obligation to effectively communicate with each other concerning the development of a case management strategy and the myriad of additional issues that arise during the course of litigation.  Judge Schutz is persuaded such discussions are facilitated by respectful, in person, communications between counsel.  Judge Schutz also recognizes his obligation to assist counsel in analyzing a thoughtful path to resolution of a case, and the assistance that timely and reasoned orders allow the parties in achieving that goal.  The following Division practices are intended to further these various objectives.

Settings:  Settings are by telephone on Wednesdays at 8:30 a.m. by calling Division 9 Judicial Assistants at (719) 452-5358 or (719) 452-5357, or email addresses are provided above and on the voice mailbox message of each Judicial Assistant.

Appearances:  Counsel is expected to appear in person for the Case Management Conference, Pre-Trial Readiness Conference and all Contested Hearings. All hearings and trial dates remain set absent an Order from the Court dismissing the case or vacating the hearing.  Upon extraordinary circumstances, a Motion for Telephonic Appearance may be filed for the Court’s consideration.  The burdens of travel from another county are not viewed as good grounds for a telephonic appearance.

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.

Service:   Service is expected to be completed within 30 days of the filing of the initial Complaint. 

Case Management Conferences:  Case Management Conferences are to be set within 49 days from the date the initial Answer is filed.   Upon contacting the Division Judicial Assistant for dates, if Counsel cannot agree on any of the dates given within 48 hours, the Court will select the date.  Case Management Conferences are not to be reset once an initial date has been chosen.  Counsel are to bring their calendars to the Case Management Conference as the trials will be scheduled at the end of the Conference.

Ruling on Motions:  Division 9 strives to rule on ripe motions within 35 days.  If a motion is pending for more than 36 days after it is fully briefed, litigants are encouraged to bring the Motion to the attention of the Division Judicial Assistants.

Oral Argument:  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.  The Court will occasionally order oral argument sua sponte.  Counsel are encouraged to permit new lawyers who actively participated in the research and drafting of briefs to appear and participate in oral arguments.

Record:  The record in civil and juvenile proceedings is typically kept by the Court’s electronic recording device.  Parties wishing to arrange for a court reporter should refer to Chief Judge Order 2011-05 regarding Freelance Court Reports.  Counsel and pro se parties are welcome to contact the Division Judicial Assistant in advance of the appearance date with any questions.  Juvenile Parental Rights Termination Hearings will have a court reporter provided at state expense.

 

Juvenile Docket Information:

Docket: The Court expects parties, counsel, GALs and caseworkers to be on time and prepared to address the cases. The Court understands there may be times when counsel are needed in other divisions or are otherwise delayed, but requests counsel e-mail court staff regarding any anticipated tardiness.

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.

Written Status Reports: The Court expects written status reports to be filed with the Court no later than seven days prior to the hearings. If the reports will be later, counsel are to hand deliver a copy directly to the Division.

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

Writs: Writs are to be filed with the Court no less than 14 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.

 

General Procedures:

Exhibits:  If exhibits are anticipated, they 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 a single exhibit notebook to include Petitioner/Plaintiff and Respondent/Defendant exhibits.  If any witness has been permitted to appear by telephone, the Court will require all exhibits to be pre-marked and exchanged among all parties and the witness prior to the hearing.  There is a projector in the courtroom which is owned by the District Attorney’s Office.  If you would like to use the projector to publish exhibits, please contact the District Attorney for authorization (719)520-6000.  There may be a minor fee for this use.

Discovery Disputes:  If the parties, after fulfilling their conferral obligations, are unable to resolve their disagreement they are invited to contact the Division 9 Judicial Assistant to set a brief telephone conference with the Court.  Often the Court can make 10-15 minutes available to counsel within twenty-four (24) hours, and such conferences are frequently useful in resolving or focusing the parties’ dispute.  If more time is needed please inform the Judicial Assistant so adjustments can be made accordingly.  Additionally, if there are several parties on the case, a Discovery Dispute hearing will be set as soon as the Court’s calendar permits and Counsel are to appear in person.

Jury Instructions:  The Plaintiff 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, Defendant’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 2010 Default Margins

      Case Caption on Verdict Forms

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 whether 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.



More Information

Division: 9

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

270 S Tejon
Colorado Springs CO 80903
Directions/Map

contact us   •   interpreters   •   faq   •   photos   •   holidays Menu Home Search Courts Probation Jury Self Help ⁄ Forms Careers Media Administration Contact us Interpreters FAQ Photo Gallery Holiday Schedule
COURTS-WEB-PROD-01a