|The Colorado Lawyer|
Vol. 26, No. 1 [Page 101]
© 1997 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.
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From the Courts
Colorado Supreme Court Rules Committee
Colorado Rules of Criminal Procedure
Crim.P. Rule 17. Subpoena
Amended and Adopted
C.R.Crim.P. 17. Subpoena, is amended and adopted as follows:
[No change through paragraph (b)]
(c) A subpoena may also command the person to whom it is directed to produce the books, papers, documents, photographs, or other objects designated therein. THE SUBPOENAING PARTY SHALL FORTHWITH PROVIDE A COPY OF THE SUBPOENA TO OPPOSING COUNSEL (OR DIRECTLY TO THE DEFENDANT IF UNREPRESENTED) UPON ISSUANCE. The court on motion made promptly may quash or modify the subpoena if compliance would be unreasonable or oppressive. The court may direct that books, papers, documents, photographs, or objects designated in the subpoena be produced before the court at a time prior to the trial or prior to the time when they are to be offered in evidence and may upon their production permit the books, papers, documents, photographs, or objects or portions thereof to be inspected by the parties and their attorneys.
[No change through remainder of Crim.P. Rule 17.]
Amended and adopted by the Court, En Banc, October 31, 1996, effective immediately.
By the Court:
Howard M. Kirshbaum
Justice, Colorado Supreme Court
United States District Court
District of Colorado
Notice of Proposed Amendment to
Local Rule 83.5 (Bar Admission)
Of the U.S. District Court
For the District of Colorado
Pursuant to 28 U.S.C. §§ 1654 and 2071, and Rule 83 of the Federal Rules of Civil Procedure, the U.S. District Court for the District of Colorado proposes to amend D.C.COLO.LR 83.5 (BAR ADMISSION) by substituting the following new rule:
THE BAR OF THE COURT
A. Applicant Information. An applicant for admission to the bar of this court must be a person of good moral character licensed by the highest court of a state, federal territory or the District of Columbia where a written examination was required for admission and be a member of the bar in good standing in all courts and jurisdictions where he or she has been admitted. Each applicant for admission shall complete an approved form provided by the clerk. Each applicant shall pay to the Clerk of the Court such fee as is prescribed by General Order of Court.
B. Entry of Appearance. An attorney’s entry of appearance by signing a pleading, motion, or other paper does not constitute entry of appearance by that attorney’s firm.
C. Consent to Jurisdiction; Familiarity with Local Rules. An attorney who applies for admission to the bar of this court: (1) consents to this court’s exercise of disciplinary jurisdiction over any alleged misconduct; and (2) certifies familiarity with the local rules of this court.
D. Withdrawal of Appearance. An attorney who has appeared in a case may seek to withdraw on motion showing good cause. Withdrawal shall be effective only on court order entered after service of the notice of withdrawal on all counsel of record and on the withdrawing attorney’s client. A motion to withdraw must specify the reasons for withdrawal unless that would violate the canons of professional ethics. Notice to the attorney’s client must include the warning that the client personally is responsible for complying with all court orders and time limitations established by any applicable rules. Where the withdrawing attorney’s client is a corporation, partnership, or other legal entity, the notice shall state that such entity cannot appear without counsel admitted to practice before this court, and absent prompt appearance of substitute counsel, pleadings, motions and other papers may be stricken, and default judgment or other sanctions may be imposed against the entity.
E. Appearance in Criminal Cases. An attorney appearing for a defendant in a criminal case shall file promptly a written entry of appearance and serve a copy on the United States Attorney.
F. Members in Good Standing. An attorney admitted to this bar must remain in good standing in all courts where admitted. No attorney may practice before the bar of this court or continue to be an attorney of record in any pending case who is under suspension for any period or has been disbarred by any court where previously admitted. In the event a member of the bar of this court has been formally disciplined by any court, it is the duty of that attorney to give immediate written notice to the Clerk of this Court of the date and terms of discipline, the name and address of the court imposing the discipline and the date of that court’s action. Failure to provide notice or to cease practicing before the bar of this Court as required by this subsection are themselves separate causes for disciplinary action. Application for Reinstatement following suspension or disbarment under this rule shall be made in accordance with the terms of D.C.COLO.LR 83.6(N).
G. Relief from Rule of Good Standing. It is presumed that discipline by another court against a member of this Court’s bar is appropriate. In order to obtain relief, the attorney so disciplined has the burden to establish, by clear and convincing evidence, that: (1) the procedure resulting in discipline by the court was so lacking in notice or opportunity to be heard as to deny due process; or (2) application of Rule F would result in grave injustice; or (3) the kind of misconduct established has been held by this Court to warrant substantially less severe discipline. Applications under this subsection shall be filed with or referred to the Committee on Conduct which shall proceed in accordance with the provisions of D.C.COLO.LR 83.6(D).
Comments on this proposal are invited and should be submitted, in writing, to the Clerk of the U.S. District Court, District of Colorado, 1929 Stout St., Room C-145, U.S. Courthouse, Denver, CO 80294, and must be received no later than the close of business, Friday, February 14, 1997.
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