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TCL > July 1997 Issue > Dist. Ct. Local Rules, Ninth Jud. District

July 1997       Vol. 26, No. 7       Page  119
From the Courts
Court Business

Dist. Ct. Local Rules, Ninth Jud. District

District Court Local Rules, Ninth Judicial District
Amended and Adopted

ORDER APPROVING LOCAL RULES
FOR THE DISTRICT COURTS OF THE
NINTH JUDICIAL DISTRICT

WHEREAS, each court by action of a majority of its judges may from time to time propose local rules and amendments of local rules not inconsistent with the Colorado Rules of Civil Procedure or Practice Standards set forth in C.R.C.P. 121(c), nor inconsistent with any directive of the Supreme Court; and

WHEREAS, it appears to be in the best interests of the Judicial Branch and the citizens of the State of Colorado to promulgate local rules for the District Courts of the Ninth Judicial District;

NOW THEREFORE, the Chief Justice hereby approves the appended Local Rules, effective upon the date of signature of this Order.

Dated this 17th day of April 1997.

Supreme Court

Anthony F. Vollack
Chief Justice


District Court Local Rules
Ninth Judicial District

Rule 1. Terms of Court

There shall be two terms ONE TERM of court each year commencing in each county in the Ninth Judicial District OF THE DISTRICT as follows:

Garfield County: The second Monday in February and the second Monday in August. THE FIRST THURSDAY IN APRIL.

Pitkin County: The third Monday in April and the third Monday in October. THE FIRST MONDAY IN MAY.

Rio Blanco County: The first Friday in June. and the first Friday in December.

Rule 2. Divisions of Court [No Rule][No change]

Rule 3. Hours of Court [No change]

Rule 4. Fees [Entire Rule 4 deleted]

Rule 5. Assignment of Cases

(a) The clerk of court shall assign all civil and criminal actions in such manner as the Chief Judge shall direct in writing.

(b) The assignment of cases is for purposes of a decision on the merits, including without limitation the determination of motions to dismiss, motions for temporary PRELIMINARY injunction, motions for summary judgment, status conferences and orders, trial, AND motions for post-trial relief and other motions after trial unless the case is temporarily reassigned for purposes of such motion or status conference as provided in subsection (d) of this rule.

(c) [No change]

(d) Cases may be temporarily or permanently reassigned for good cause by order of THE CHIEF JUDGE OR the judge to whom a case has been assigned MAY ORDER A CASE TO BE TEMPORARILY OR PERMANENTLY REASSIGNED and such other judge shall thereupon be empowered to hear any such case or take whatever action he or she deems necessary or advisable in connection with the purpose for which such case was reassigned TO ANOTHER JUDGE FOR GOOD CAUSE AND SOUND JUDICIAL ADMINISTRATION.

(e) If two or more cases are pending which are interrelated with each other and are assigned to different judges, any party in any such case may move that such cases be RE-assigned to one judge. Such motion shall be captioned with the title of each case so affected, shall state the manner in which the cases are interrelated, and shall be served on all parties in each case whose default has not been entered. Such motion shall not request reassignment to any A particular judge. Any party not joining in said motion may, within fifteen days after the service of such motion, file and serve a memorandum either opposing or consenting to such reassignment, which memorandum shall include the grounds therefor. The moving party may within ten days of the service of a statement opposing reassignment file and serve a reply memorandum. The judge to whom such interrelated case is assigned may of the court's own motion note such interrelationship and refer the matter to the chief judge, in which event a copy of the referral shall be served upon all parties whose default has not been entered and any such party may within fifteen days of such service file and serve a memorandum either opposing or consenting to the proposed reassignment. A motion or referral for reassignment may be determined by the chief judge without oral argument and shall be granted if such reassignment is in the interests of justice and judicial economy. SUCH MOTION SHALL BE DETERMINED BY THE CHIEF JUDGE. ANY JUDGE UPON HIS OWN MOTION MAY REASSIGN OR REQUEST THE CHIEF JUDGE TO REASSIGN INTERRELATED CASES PURSUANT TO RULE 5(d) CONSISTENT WITH THE INTERESTS OF JUSTICE AND JUDICIAL ECONOMY.

(f) [Section (f) deleted]

Rule 6. Referees MAGISTRATES [No other change]

Rule 7. Law Library

(a) The law library is primarily for the use of the court and attorneys as officers of the court. Except as otherwise provided in the library rules adopted by the District Court, b Books, pamphlets and other materials may be withdrawn only for use in OUTSIDE the building ONLY with the permission of the librarian. A record of each book, pamphlet or other item withdrawn shall be registered with the librarian and replaced by the attorney using it before leaving BEFORE THE ATTORNEY LEAVES the building. ATTORNEYS USING THE LIBRARY SHALL RESHELVE BOOKS. The public may be permitted reasonable use of the law library, but shall not remove books, pamphlets or other materials for any purpose.

(b) [Section (b) deleted]

(c) [Section (c) deleted]

Rule 8. Court Files

(a) No part of the files of the court shall be taken from the office or custody of the clerk, except upon COURT order of court OR AUTHORIZATION OF THE CLERK. No order REQUEST for withdrawal of all or part of the court file shall be granted except for good cause shown. A signed receipt, specifying what has been withdrawn shall be given to the clerk by the party withdrawing any part of a court file. THE CLERK SHALL NOTE IN THE CASE FILE WHEN MATERIALS ARE RETURNED.

(b) [Section (b) deleted]

Rule 9. Firearms

(a) No person, except an authorized law enforcement officer PERFORMING OFFICIAL DUTIES shall bring a firearm or weapon into the A court building FACILITY.

(b) [Section (b) deleted]

Rule 10. Agreements [No change]

Rule 11. Exhibits and Discovery Material Placement in the Court File and Withdrawal

(a) All papers, or other exhibits, offered in any cause, shall be BOUND, marked for identification by the reporter during the trial (unless previously marked by the reporter pursuant to order), and after being so marked shall be and remain in the custody of the clerk or reporter as designted by the judge, and shall remain in the reporter's custody unless withdrawn by order of court or pursuant to this rule. PARTIES AND DELIVERED TO THE COURT REPORTER AT LEAST FIVE DAYS PRIOR TO TRIAL OR HEARING UNLESS OTHERWISE DIRECTED BY THE COURT.

(b) [Section (b) deleted]

Rule 12. Motion DayS

(a) The Chief Judge shall by administrative order establish such motion days in each county in the district as are necessary for hearing of motions, non-contested matters and matters of course in each county of the district. ANY JUDGE MAY ESTABLISH ADDITIONAL MOTION DAYS AS MAY BE NECESSARY.

(b) [No change]

Rule 13. Appeals From County or Municipal Courts (Other Than Trials De Novo or Interlocutory Appeals [Entire Rule deleted]

RULE 13. SETTINGS FOR TRIAL. [Old Rule 1-1 under "Civil" heading]

Any person desiring to have any contested civil case MATTER set for trial shall file a request for a status/ trial setting conference. The request for status conference shall be set upon the court's calendar pursuant to C.R.C.P. 121, Section 1-6. The provisions of C.R.C.P. 16(d) shall not apply to the hearing on the request for a status/trial setting conference. ALL CRIMINAL AND JUVENILE MATTERS SHALL BE SET FOR TRIAL AT ARRAIGNMENT OR AT SUCH OTHER TIME AS THE COURT SHALL DIRECT.

Rule 14. Bonds--Addresses Required

(a) Any bond or undertaking shall state the address of the principal and of each surety to which notice may be mailed.

(b) No surety on any bond upon which judgment has been entered, and upon which an appeal is pending, or stay of execution has been granted, shall be accepted as surety on any other bond in action pending in this court until such judgment shall have been satisfied.

RULE 14. EXPANDED MEDIA COVERAGE

IN ORDER TO FACILITATE REQUESTS FOR EXPANDED MEDIA COVERAGE, WRITTEN REQUEST IN THE FORM ATTACHED HERETO IS ENCOURAGED. COPIES OF THE REQUEST SHOULD BE PROVIDED TO ALL COUNSEL IN THE CASE AT THE TIME OF FILING WITH THE COURT. UPON RECEIPT OF THE REQUEST, THE COURT SHALL SET A HEARING CONSISTENT WITH THE COURT'S CALENDAR.

Civil Section including Rule 1-1, Rule 1-2, Rule 1-3, Rule 1-4, Rule 1-5 [Entire Section deleted]

Domestic Section including Rule 2-1, Rule 2-2, Rule 2-3, Rule 2-4 [Entire Section deleted]

Criminal Section [No Rules] [Entire Section deleted]

Probate Section including Rule 4-1 [Entire Section deleted]

RULE 15. COURTROOM SECURITY

A JUDGE SHALL REQUEST REASONABLE PROVISIONS FOR COURTROOM SECURITY FROM THE COUNTY SHERIFF AS THE SITUATION SHALL REQUIRE. ATTORNEYS OR PARTIES SHALL NOTIFY THE JUDGE WHEN CIRCUMSTANCES SEEM TO REQUIRE ENHANCED SECURITY.

Amended and Adopted by the Court, En Banc, April 17, 1997, effective immediately.


Ninth Judicial District
Request for Expanded Media Coverage
Of Court Proceedings
[New Form]

TO: __________________________________________________

FROM: _______________________________________________

Telephone No. and Fax No. _____________________________

This is a formal request for expanded media coverage of proceedings in the case of :

Name __________________ Case No. ____________________

Date of Hearing _________ Time of Hearing _____________

The type of coverage requested is: (audio) (video) or (still photography).

Polling arrangements established and identity of designated representatives are: _____________________________________

__________________________________
Signature of Person Making Request

cc: Distributed by requester to each counsel in the case.

Amended and Adopted by the Court, En Banc, April 17, 1997, effective immediately.


Chapter 28. Colorado Rules of Juvenile Procedure
Part One. Applicability
Part Three. Delinquency
Amended and Adopted

Chapter 28. Colorado Rules of Juvenile Procedure, Part One. Applicability, is amended as follows:

Rule 1.

These rules govern proceedings brought in the juvenile court under Title 19, 8B C.R.S. (1987), also hereinafter referred to as the Children's Code. All statutory references herein are to the Children's Code as AMENDED. repealed and readopted, effective October 1, 1987. Proceedings are civil in nature and where not governed by these rules or the procedures set forth in Title 19, 8B C.R.S. (1987 Supp.), shall be conducted according to the Colorado Rules of Civil Procedure. Proceedings in delinquency shall be conducted in accordance with the Colorado Rules of Criminal Procedure, except as otherwise provided by statute or by these rules.

Amended and Adopted by the Court, En Banc, April 17, 1997, effective July 1, 1997.


Chapter 28. Colorado Rules of Juvenile Procedure, Part Three. Delinquency, is amended as follows:

Rule 3. Advisement.

(a) [No change]

(1) through (3) [No change]

(4) The juvenile has the right to a preliminary hearing, as set forth in Section 19-2-404705, C.R.S.;

(5) The juvenile's right to a jury trial, as provided by Section 19-2-501 107, C.R.S.;

(6) and (7) [No change]

(8) The juvenile's right to bail as limited by Sections 19-2-204508 and 19-2-205509, C.R.S., and the amount of bail, if any, that has been set by the court; and

(9) That the juvenile may be subject to transfer to the criminal division of the district court to be tried as an adult, as provided by Section 19-2-806518, C.R.S.

(b) [No change]

(1) and (2) [No change]

(3) The juvenile understands and waives his OR HER right to trial, including the right to a jury trial, IF AUTHORIZED BY STATUTE, on all issues;

(4) through (6) [No change]

(c) [No change]

Amended and Adopted by the Court, En Banc, April 17, 1997, effective July 1, 1997.

Rule 3.1.Petition Initiation, Form and Content, Time Limit for Filing Petition

(a) A petition concerning a juvenile who is alleged to be delinquent shall be initiated in accordance with Section 19-2-304512 and 19-2-305513, C.R.S.

(b) If the petition is not filed within seven working days SEVENTY-TWO (72) HOURS (excluding Saturdays, Sundays, and official court holidays) after a juvenile is taken into custody and not released to a parent, guardian or legal custodian, said juvenile shall be released upon order of court; provided that upon application to the court by the district attorney or any interested party and for good cause shown, the above time period may, in the discretion of the court, be extended for a reasonable period of time to be fixed by said court.

Amended and Adopted by the Court, En Banc, April 17, 1997, effective July 1, 1997.

Rule 3.7. Detention

(a) [No change]

(b) The court shall maintain control over the admission, length of stay, and release of all juveniles placed in shelter or detention, except for admission into detention pursuant to Section 19-2-204508(3)(c), C.R.S.

Amended and Adopted by the Court, En Banc, April 17, 1997, effective July 1, 1997.

© 1997 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=1997.


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