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TCL > October 1999 Issue > Court Business

October 1999       Vol. 28, No. 10       Page  125
From the Courts
Court Business

Court Business

Colorado Judicial Department
Chief Justice of the Supreme Court

Notice of Availability

A full set of the Chief Justice Directives may be purchased from the Colorado Judicial Department for $15, which includes copying, handling, and postage costs. Checks should be made payable to Colorado Judicial Department and should be mailed to: Court Services Division, Office of the State Court Administrator, 1301 Pennsylvania St., #300, Denver, CO 80203. Individual Chief Justice Directives will be assessed a $5 charge, pursuant to Chief Justice Directive 96-01, concerning standard research fees. Chief Justice Directives also are available from the Colorado Supreme Court homepage at: www.courts. state.co.us/supct/cjdirect/cjdirectives.htm.

Publication in The Colorado Lawyer

Chief Justice Directives will be published on a space available basis in this "Court Business" section of The Colorado Lawyer. Some attachments may be omitted. To obtain a copy of attachments, contact the Court Services Division, Office of the State Court Administrator, 1301 Pennsylvania St., #300, Denver, CO 80203.


CHIEF JUSTICE DIRECTIVE 85-10 (REVISED)

Supreme Court of Colorado
Office of the Chief Justice
Preparation and Cost of Transcripts
Amended 8/12/99

1. The standards for transcript preparation by court reporters are:

Paper:
a. Size - Standard letter size, 8½" x 11"
b. Weight - Not less than 13#
c. Paper shall be line numbered 1 to 25
Type size - 10 pitch
Ribbon color
- black
Margins:
a. Typed margins shall start one inch from the top and one and one-half inches from the left of the page. A justified left margin is used throughout.
b. The right margin shall be one-quarter inch.
c. The lower margin will be set by line 25.

Binding: Transcripts shall be bound at the left. Binding shall be in daily volumes, approximately one-inch thick. Binder covers shall not be less than 20-point pressboard weight (e.g., Smead BE129 or something similar).

Title pages: Prepare in accordance with attached sample, using plain language.

Page numbering: Official page numbering for transcripts shall be at the upper right, above line 1. Reporters shall ensure that page numbering is consecutive within each volume. If more than one volume is required, the reporter may number all volumes under a consecutive number sequence, or may begin each volume with page 1. Since citations will be by volume, one, and line number, the beginning number for each volume is no longer critical.

2. Reporters shall deliver transcripts to the trial court appeal clerk at least 2 working days prior to the date the record is due in the appellate court.

3. Effective July 1, 1999, the rate for each original 25-line page of transcript shall be $2.35. The page rate applies to partial pages, title pages and index pages. The copy rate shall be $.50 per page.

4. When an appellate court orders a court reporter to prepare a transcript within a prescribed amount of time and the reporter is unable to complete the transcript within the allotted time, the chief judge shall order that the reporter take leave without pay for such time as is necessary to prepare the transcript or may order the reporter to pay for a replacement reporter during this period. Except for these circumstances, or when a court reporter is absent on sick or annual leave, the chief judge shall make a concerted effort to find a substitute reporter within the court before engaging a replacement contract reporter.

5. Court reporters who are employees of the Judicial Branch shall provide transcripts requested by the judge who presided over the matter or the judge for whom the reporter regularly works, and shall not be paid the transcript page rate in addition to their regular salary.

6. Judicial Branch employees other than court reporters and non-exempt employees who prepare transcripts shall be compensated for any transcript preparation required to be accomplished in other than normal working hours, pursuant to C.R.S. § 13-5-128.

7. If Judicial Branch Employees other than court reporters prepare transcripts during normal working hours this task shall be included in the individual’s normal work assignment. These employees shall not be paid the transcript page rate in addition to their regular salary. Non-exempt employees who prepare transcripts after normal working hours may be subject to Fair Labor Standards Act regulations rather than C.R.S. § 13-5-128.

APPROVED BY THE CHIEF JUSTICE

/s/
______________________________________________
Chief Justice Mary J. Mullarkey


SAMPLE
TITLE PAGE

DISTRICT COURT, JEFFERSON-COUNTY, COLORADO

Case No. 80CV235, Courtroom D


REPORTER’S TRANSCRIPT


JANE C. DOE and JOHN A. DOE, Individually, and Doing

Business As SCREEN WRITERS GUILD,

Plaintiffs

v.

ABC DRILLING COMPANY, and MODERN SCREEN WRITERS GUILD

ALLIANCE

Defendants


The trial in this matter commenced on Wednesday, August 18, 1979, before the HONORABLE WINSTON WOLVINGTON, Judge of the District Court, and a Jury of six.

This transcript is an excerpt of the sworn testimony of Plaintiff Jane C. Doe.

FOR THE PLAINTIFFS: ROBERT JONES, Reg. No.

FOR THE DEFENDANTS: JOHN SMITH, Reg. No.


CHIEF JUSTICE DIRECTIVE 95-04 (REVISED)

Supreme Court of Colorado
Office of the Chief Justice
Concerning Designation of Judges in Death Penalty Cases
Amended 6/4/99

Pursuant to Section 16-11-103(1)(a.5)(I), 8A C.R.S., (1999), the Chief Justice shall designate two district court judges, and any necessary replacement for the trial judge, to sit on a panel of judges to conduct the sentencing hearing in a Class I felony where the imposition of the death penalty is sought.

For the purposes of designating the district judges to sit on the panel for these sentencing hearings, the districts of the state shall be grouped by region, as described below.

Region I: 1st, 2nd, 18th & 20th

Region II: 8th, 13th, 17th and 19th

Region III 3rd, 4th, 10th, 11th, 15th & 16th

Region IV: 5th, 6th, 7th, 9th, 12th, 14th, 21st and 22nd

Upon conviction of guilt of a defendant of a Class I Felony, in a case in which the district attorney is seeking the imposition of the death penalty, two district court judges and any necessary replacement for the trial judge will be designated by the Chief Justice.

Except as provided below, such designation will be made by random selection from a pool of the then-sitting district court judges of the region wherein the charge was filed. When the chief justice determines that the assignment of the judges of a region to death penalty panels has significantly undermined the region’s capacity to provide judicial services, then the chief justice may designate by random selection from a pool of district judges from the remaining three regions.

The name of a district court judge who presides in a capital case shall be eliminated from the region’s pool from the date of filing notice of intent to seek the death penalty until one year after the date of imposition of sentence, or entry of judgement of acquittal. The name of a district judge who is designated to serve on a panel which imposes a sentence shall be eliminated from the region’s pool from the date of designation until 1 year after the imposition of sentence.

Done in Denver this 4th day of June 1999.

______________________________________________
Chief Justice Mary J. Mullarkey


CHIEF JUSTICE DIRECTIVE 97-01 (REVISED)

Supreme Court of Colorado, Office of the Chief Justice
Income Eligibility Guidelines
Attachment B
Revised 4/9/99

INCOME ELIGIBILITY GUIDELINES
(125% of Poverty Level)

Family Size Monthly Income Monthly Income plus 10% Monthly Income plus 75% Yearly Income Yearly Income plus 10% Yearly Income plus 75%
1 $ 858 $ 944 $ 1,502 $ 10,300 $ 11,330 $ 18,025
2 $ 1,152 $ 1,267 $ 2,016 $ 13,825 $ 15,208 $ 24,194
3 $ 1,445 $ 1,590 $ 2,530 $ 17,350 $ 19,085 $ 30,363
4 $ 1,739 $ 1,914 $ 3,044 $ 20,875 $ 22,963 $ 36,531
5 $ 2,033 $ 2,237 $ 3,558 $ 24,400 $ 26,840 $ 42,700
6 $ 2,327 $ 2,560 $ 4,072 $ 27,925 $ 30,718 $ 48,869
7 $ 2,620 $ 2,883 $ 4,586 $ 31,450 $ 34,595 $ 55,038
8 $ 2,915 $ 3,206 $ 5,101 $ 34,975 $ 38,473 $ 61,206

For family units with more than eight members, add $294 per month for "monthly income," or $3,525 per year for "yearly income" for each additional family member.

Source: FEDERAL REGISTER, Volume 64, March 18, 1999, page 13428


CHIEF JUSTICE DIRECTIVE 97-02 (REVISED)

Supreme Court of Colorado, Office of the Chief Justice
Procedures for the Determination of Eligibility for Court Appointed Counsel and
Guardian Ad Litem Representation on the Basis of Indigency
Income Eligibility Guidelines
Attachment A
Revised 4/9/99

PROCEDURES FOR THE DETERMINATION OF ELIGIBILITY FOR COURT APPOINTED COUNSEL AND GUARDIAN AD LITEM REPRESENTATION ON THE BASIS OF INDIGENCY

Indigency Determination

As set forth in CJD 97-02, Section II.C., all persons requesting court-appointed representation to be paid by the state on the basis of indigency must complete, or have completed on their behalf, application form JDF 208 ("Application for Court-Appointed Counsel or Guardian ad Litem") signed under oath, before such an appointment may be considered by the court. Form JDF 208 must be completed and reviewed for the appointment of a guardian ad litem at state expense in all cases except dependency and neglect cases under Title 19, unless that information cannot be obtained from a responsible party.

Procedures for the Determination of Indigency

The following procedures are used for applicants in cases addressed in CJD 97-02.

  • Completion of Form JDF 208 by Applicant
    Persons applying for state-paid counsel or guardian ad litem representation must complete, or have completed on their behalf, the Application for Court-Appointed Counsel, form JDF 208, and submit it to the court.
  • Review of Financial Information by Court Staff
    Court staff review the applicant’s information on form JDF 208 to determine whether or not the applicant is indigent on the basis of three factors:
    • Income*
    • Liquid assets**
    • Expenses***

Criteria for Indigency

An applicant qualifies for court appointed counsel or guardian ad litem on the basis of indigency if his or her financial circumstances meet either set of criteria described below.

1. Income is at or below guidelines/Liquid assets equal $0 to $1,500

  • If the applicant’s income is at or below the income eligibility guidelines (see the "Monthly Income Guideline" and "Yearly Income Guideline" columns in the chart on the following page) and he or she has liquid assets of $1,500 or less, as determined on form JDF 208, the applicant is indigent and eligible for court appointed counsel or guardian ad litem representation at state expense.

2. Income is up to 25% above guidelines/Liquid assets equal $0 to $1,500/Monthly expenses equal or exceed monthly income

  • If the applicant’s income is up to 25% above the income eligibility guidelines (see the "Monthly Income Guideline plus 25%" and "Yearly Income Guideline plus 25%" columns in the chart on the following page); the applicant has assets of $1,500 or less; and the applicant’s monthly expenses equal or exceed monthly income, as determined on form JDF 208, the applicant is indigent and eligible for court appointed counsel or guardian ad litem representation.

In cases in which the criteria above are not met and extraordinary circumstances exist, the court may find the applicant indigent. In such cases, the court shall enter a written order setting forth the reasons for the finding of indigency.

* Income is gross income from all members of the household who contribute monetarily to the common support of the household. Income categories include wages, salary, commissions, profits, interest/investment earnings, social security supplemental income or disability, alimony, pension, workers’ compensation, unemployment benefits. NOTE: Income from roommates should not be considered if such income is not commingled in accounts or otherwise combined with the applicant’s income in a fashion which would allow the applicant proprietary rights to the roommate’s income.

**Liquid assets include cash on hand or in accounts, stocks, bonds, certificates of deposit, equity, and personal property or investments which could readily be converted into cash without jeopardizing the applicant’s ability to maintain home and employment.

***Expenses for nonessential items such as cable television, club memberships, entertainment, dining out, alcohol, cigarettes, etc., shall not be included. Allowable expense categories are listed on form JDF 208.


INCOME ELIGIBILITY GUIDELINES
(125% of Poverty Level)

Family Size Monthly Income Guideline Monthly Income Guideline plus 25% Yearly Income Guideline Yearly Income Guideline plus 25%
1 $858 $1,073 $10,300 $12,875
2 $1,152 $1,440 $13,825 $17,281
3 $1,446 $1,808 $17,350 $21,688
4 $1,740 $2,174 $20,875 $26,094
5 $2,033 $2,542 $24,400 $30,500
6 $2,327 $2,909 $27,925 $34,906
7 $2,621 $3,276 $31,450 $39,313
8 $2,915 $3,643 $34,975 $43,719

For family units with more than eight members, add $294 per month for "monthly income," or $3,525 per year for "yearly income" for each additional family member.

Source: FEDERAL REGISTER, Volume 64, March 18, 1999, page 13428


CHIEF JUSTICE DIRECTIVE 98-01 (REVISED)

Supreme Court of Colorado, Office of the Chief Justice
Procedures for the Waiver of Court Costs in
Civil Cases On the Basis of Indigency
Income Eligibility Guidelines
Revised 4/9/99

PROCEDURES FOR THE WAIVER OF COURT COSTS IN CIVIL CASES ON THE BASIS OF INDIGENCY

As set forth in CJD 98-01, Section II., all persons requesting waiver of court costs in civil actions or proceedings on the basis of indigency must follow the following procedures:

Procedures for the Determination of Indigency

The following procedures are used for applicants in cases addressed in CJD 98-01.

  • Completion of Form FSD 98-01 by Applicant
    Persons requesting waiver of court costs must complete, or have completed on their behalf, the Application for Waiver of Court Costs, form FSD 98-01, and submit it to the court.
  • Review of Financial Information by Court Staff
    Court staff review the applicant’s information on form FSD 98-01 to determine whether or not the applicant is indigent on the basis of three factors:
    • Income*
    • Liquid assets**
    • Expenses***

Criteria for Indigency

An applicant qualifies for waiver of court costs in civil cases if his or her financial circumstances meet either set of criteria described below.

1. Income is at or below guidelines/Liquid assets equal $0 to $1,500

  • If the applicant’s income is at or below the income eligibility guidelines (see the "Monthly Income Guideline" and "Yearly Income Guideline" columns in the chart on the following page) and he or she has liquid assets of $1,500 or less, as determined on form FSD 98-01, the applicant is indigent and eligible for waiver of court costs in civil cases.

2. Income is up to 25% above guidelines/Liquid assets equal $0 to $1,500/Monthly expenses equal or exceed monthly income

  • If the applicant’s income is up to 25% above the income eligibility guidelines (see the "Monthly Income Guideline plus 25%" and "Yearly Income Guideline plus 25%" columns in the chart on the following page); the applicant has assets of $1,500 or less; and the applicant’s monthly expenses equal or exceed monthly income, as determined on form FSD 98-01, the applicant is indigent and eligible for waiver of court costs.

In cases in which the criteria above are not met and extraordinary circumstances exist, the court may find the applicant indigent. In such cases, the court shall enter a written order setting forth the reasons for the finding of indigency.

*Income is gross income from all members of the household who contribute monetarily to the common support of the household. Income categories include wages, salary, commissions, profits, interest/investment earnings, social security supplemental income or disability, alimony, pension, workers’ compensation, unemployment benefits. NOTE: Income from roommates should not be considered if such income is not commingled in accounts or otherwise combined with the applicant’s income in a fashion which would allow the applicant proprietary rights to the roommate’s income.

**Liquid assets include cash on hand or in accounts, stocks, bonds, certificates of deposit, equity, and personal property or investments which could readily be converted into cash without jeopardizing the applicant’s ability to maintain home and employment.

***Expenses for nonessential items such as cable television, club memberships, entertainment, dining out, alcohol, cigarettes, etc., shall not be included. Allowable expense categories are listed on form FSD 98-01.


INCOME ELIGIBILITY GUIDELINES
(125% of Poverty Level)

Family Size Monthly Income Guideline Monthly Income Guideline plus 25% Yearly Income Guideline Yearly Income Guideline plus 25%
1 $858 $1,073 $10,300 $12,875
2 $1,152 $1,440 $13,825 $17,281
3 $1,446 $1,808 $17,350 $21,688
4 $1,740 $2,174 $20,875 $26,094
5 $2,033 $2,542 $24,400 $30,500
6 $2,327 $2,909 $27,925 $34,906
7 $2,621 $3,276 $31,450 $39,313
8 $2,915 $3,643 $34,975 $43,719

For family units with more than eight members, add $294 per month for "monthly income," or $3,525 per year for "yearly income" for each additional family member.

Source: FEDERAL REGISTER, Volume 64, March 18, 1999, page 13428


Colorado Supreme Court Rules Committee

Colorado Rules of Civil Procedure
Proposed New Rule
Hearing to be Held
Tuesday, November 30, 1999, 2:00 p.m.

NOTICE

The Supreme Court will conduct a hearing on proposed amendments to the Colorado Rules of Civil Procedure on Tuesday, November 30, 1999, at 2:00 p.m., in the Colorado Supreme Court Courtroom, 2 E. 14th Ave., Denver, Colorado. An original and eight copies of the written comments to the court concerning the proposals should be submitted to Mac V. Danford, Clerk of the Supreme Court, 2 E. 14th Ave., Denver, Colorado, 80203, no later than Friday, November 19, 1999, by 5:00 p.m. Persons wishing to participate in the hearing should so notify Mr. Danford no later than November 19, 1999.


Colorado Rules of Civil Procedure

Proposed New Rule

Rule 26.3 Limited Monetary Claim Actions

Statement of Purpose

The purpose of this Rule is to provide for disclosure, Alternative Dispute Resolution, discovery and trial procedures for those district court civil actions in which the claimant seeks monetary damages not exceeding $50,000, exclusive of costs and interest. These cases shall be known as Limited Monetary Claim Actions, and shall be governed by this rule.

(a) Definition

A Limited Monetary Claim Action is a civil action in which no claimant seeks money damages of more than $50,000, exclusive of costs and interest, from one party. In the event third party claims, cross-claims or counter-claims also seek money damages, the claims of each party must be $50,000 or less for the action to be governed by this Rule. If such a certification is made, then the matter shall be governed by the provisions of this Rule.

(b) Certification

At the time of the filing of the complaint the plaintiff may certify that the money damages being sought by plaintiff are $50,000 or less, exclusive of costs and interest, against any one party. This certification shall limit plaintiff’s right to recover money damages to a maximum of $50,000, exclusive of costs and interest. Upon the filing of this certification, the case shall be governed by this Rule unless any party filing a third party claim, cross-claim or counter-claim certifies that any such claim for money damages is in excess of $50,000, exclusive of costs and interest. When such a certification is filed by a party presenting a third party claim, a cross-claim, or a counter-claim, the action shall not be governed by this Rule. Such certification by either party may not be used for any purpose other than to bring the civil action under this Rule. All certifications are subject to C.R.C.P. 11. Certification may only be withdrawn by order of the court upon a showing of changed circumstances.

(c) Disclosures

In a case governed by this Rule the disclosure rules of C.R.C.P. 26(a) shall apply with the following exceptions: The parties shall make their disclosures required by C.R.C.P. 26(a)(1) and 16(b) no later than 21 days after the case is at issue. In personal injury cases, the plaintiff shall disclose all health care providers and employers for the past ten years, and the defendant shall disclose the present claim case file, including any evidence supporting affirmative defenses and provide a copy of all insurance policies including each declaration page.

(d) Discovery Scope and Limits

(1) In General. Discovery in a case governed by this Rule shall be pursuant to the provisions of C.R.C.P. 26(b) subject to the following additional provisions and limitations.

(a) Prior to the ADR required by Subsection (e), the only deposition a party may take is that of the adverse party;

(b) All forms of discovery may be had immediately after the case is at issue and without completion of the Case Management Order.

(2) Post-ADR. If a case governed by this Rule has not settled prior to or at the time of the ADR required by subsection (e), discovery shall be as permitted by C.R.C.P. 26(b), and a case management order shall be filed 15 days following the ADR session.

(e) ADR

The parties in a case governed by this Rule shall attend a non-binding ADR pursuant to the Colo. Disp. Res. Act, CRS § 13-22-301 et seq., within 120 days of the date the case is at issue. The parties may agree to a binding form of ADR. This time may not be extended except by Order of the court, and no extension shall be granted absent extreme hardship. Each party shall bear its own costs for the ADR. The parties shall certify to the court that ADR has occurred.

(f) Costs

No party in a case governed by this rule may receive an order for costs in excess of $5,000.

(g) Trial Procedures

Use of Expert Depositions. A deposition of an expert may be used at the trial without a showing of unavailability.

(h) Judgment

A party proceeding in an action governed by this Rule may not recover money damages in excess of $50,000, exclusive of costs and interest, against any one party.

© 1999 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved. Material from The Colorado Lawyer provided via this World Wide Web server is protected by the copyright laws of the United States and may not be reproduced in any way or medium without permission. This material also is subject to the disclaimers at http://www.cobar.org/tcl/disclaimer.cfm?year=1999.


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