Free Motion for Leave - District Court of Colorado - Colorado

Case 1:04-cv-01126-MJW-PAC

Document 64

Filed 12/07/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-MW-1126 (PAC) BRIAN HILDENBRANDT, Plaintiff. v. THE CITY OF COLORADO SPRINGS, A Colorado Municipal Corporation, Defendant. MOTION FOR LEAVE FOR ATTORNEY VOIR DIRE PURSUANT TO FRCP RULE 47(a) COMES NOW the Plaintiff, Brian Hildenbrandt, by and through counsel, and moves this court for permission for counsel to directly voir dire the prospective jurors, and as grounds, states: In today's political climate, the perspective that has been reinforced by the mainstream media is that it is desirable to sacrifice personal freedoms and rights in exchange for "security." This case is not an "ordinary" case; rather, the case goes to the heart of our constitutionally protected freedoms. As such, Plaintiff asks for extended voir dire pursuant to Federal Rule of Civil Procedure, Rule 47(a) to inquire into the prospective jurors most deeply held political and personal beliefs regarding national security, terrorism, and personal liberties.

Case 1:04-cv-01126-MJW-PAC

Document 64

Filed 12/07/2005

Page 2 of 2

WHEREFORE, Plaintiff requests the Court permit counsel to participate in voir dire of the prospective jurors. Dated this 7th day of December, 2005. MORAN & HEIM, P.C. /s/ Michael W. Moran _________ Michael W. Moran, #26337 Geoff Heim, #26092 Attorneys for Plaintiff 220 East Costilla Avenue Colorado Springs, CO 80903 Phone: 719-636-9250 Fax: 719-389-0889 William Durland, #010807 Attorney at Law 515 W. Pikes Peak Ave. Colorado Springs, CO 80905 Phone: 719-635-8686 Fax: 719-635-8686 CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that December 7, 2005, I electronically filed the foregoing Motion for Attorney Voir Dire Pursuant to FRCP Rule 47(a) with the Clerk of Court for filing and uploading to the CM/EF system which will send notification of such filing to the following e mail address: [email protected] [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand-delivery, etc.)

/s/ Therese Smith________ Therese Smith