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TCL > September 2002 Issue > Court Business

The Colorado Lawyer
September 2002
Vol. 31, No. 9 [Page  121]

© 2002 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

All material from The Colorado Lawyer provided via this World Wide Web server is copyrighted by the Colorado Bar Association. Before accessing any specific article, click here for disclaimer information.

From the Courts
Court Business

Court Business

Colorado Supreme Court Rules Committee

Rule Change #2002(6)

The Colorado Rules of Criminal Procedure
Chapter 29. Colorado Rules of Criminal Procedure
For All Courts of Record in Colorado

 

The following rules are amended as of July 1, 2002:

Rule 5
Rule 38
Rule 39
Rule 40
Rule 48

Amended and Adopted by the Court, En Banc, June 27, 2002, effective July 1, 2002.

By the Court:
Alex J. Martinez
Justice, Colorado Supreme Court

 

Rule 5. Preliminary Proceedings

(a) Felony Proceedings.
(1) [No Change]
(2) [No Change]
(3) [No Change]
(4) Preliminary Hearing—County Court Procedures. Every person accused of a class 1, 2, or 3 felony in a felony complaint has the right to demand and receive a preliminary hearing to determine whether probable cause exists to believe that the offense charged in the felony complaint was committed by the defendant. In addition, only those persons accused of a class 4, 5, or 6 felony by felony complaint which felony requires mandatory sentencing or is a crime of violence as defined in section 16-11-309 or is a sexual offense under part 4 of article 3 of title 18, C.R.S., shall have the right to demand and receive a preliminary hearing to determine whether probable cause exists to believe that the offense charged in the felony complaint was committed by the defendant. However, any defendant accused of a class 4, 5, or 6 felony who is not otherwise entitled to a preliminary hearing may request a preliminary hearing if the defendant is in custody for the offense for which the preliminary hearing is requested; except that, upon motion of either party, the court shall vacate the preliminary hearing if there is a reasonable showing that the defendant has been released from custody prior to the preliminary hearing. Any person accused of a class 4, 5, or 6 felony who is not entitled to a preliminary hearing shall, unless otherwise waived, participate in a dispositional hearing for the purposes of case evaluation and potential resolution. The following procedures shall govern the holding of a preliminary hearing:

(I) [No Change]
(II) [No Change]
(III) [No Change]
(IV) If from the evidence it appears to the county court that there is not probable cause to believe that the offense charged has been committed by the defendant, the county court shall dismiss the complaint and discharge the defendant. If the prosecutor believes the court erred in its finding of no probable cause, the prosecutor may appeal the ruling to the district court. The appeal of such final order shall be conducted pursuant to the procedures for interlocutory appeals in Rule 37.1 of these rules. Such error, if any, shall not constitute good cause for refiling.

(V) [No Change]
(4.5) [No Change]
(5) [No Change]
(b) [No Change]
(c) [No Change]

 

Rule 38. Appeals from the District Court

Appeals from the district court shall be conducted pursuant to the Colorado Appellate Rules.

 

Rule 39. Stays

The filing of an interlocutory appeal or an appeal from an order that dismisses one or more counts of a charging document prior to trial automatically stays all proceedings until final determination of the appeal, unless the appellate court lifts such stay in whole or in part.

 

Rule 40. (reserved)

 

Rule 48. Dismissal

(a) [No Change]
(b) By the Court.
(1) [No Change]
(2) [No Change]
(3) [No Change]
(3.5) [No Change]
(4) [No Change]
(5) [No Change]
(5.1) [No Change]
(6) In computing the time within which a defendant shall be brought to trial as provided in subsection (b)(1) of this Rule, the following periods of time shall be excluded:
(I) [No Change]
(II) The period of delay caused by an interlocutory appeal, an appeal from an order that dismisses one or more counts of a charging document prior to trial, or after issuance of a rule to show cause in an original action brought under Colorado Appellate Rule 21, whether commenced by the defendant or by the prosecution.

 

Rule Change #2002(7)

Chapter 27
The Colorado Rules of Probate Procedure

Rule 27.1. Physicians’ Letters or Professional Evaluation

Any physician’s letter or professional evaluation utilized as the evidentiary basis to support a petition for the appointment of a guardian, conservator or other protective order under Section 15-14-401 et seq., C.R.S., unless otherwise directed by the court, should contain: (1) a description of the nature, type, and extent of the respondent’s specific cognitive and functional limitations, if any; (2) an evaluation of the respondent’s mental and physical condition and, if appropriate, educational potential, adaptive behavior, and social skills; (3) a prognosis for improvement and recommendation as to the appropriate treatment or habilitation plan; and (4) the date of any assessment or examination upon which the report is based.

Rule 33.3. Court Order Supporting Deed of Distribution

When a court order is requested to vest title in a distributee free from the rights of other persons interested in the estate, such order shall not be granted ex parte, but shall require either the stipulation of all interested persons or notice and hearing.

Note on Use: Note that Colorado Bar Association Real Estate Title Standard 11.1.7 requires a court order only in the narrow case of vesting title in a distributee free from the rights of all other persons interested in the estate to recover the property in case of any improper distribution. Such a court order is not required to vest merchantable title in a purchaser for value from or a lender to such a distributee nor is the order required to vest merchantable title in a purchaser for value from or a lender to a transferee from such distributee.

Amended and Adopted by the Court, En Banc, June 27, 2002, effective July 1, 2002.

By the Court:
Nancy E. Rice
Justice, Colorado Supreme Court

 

Rule Change #2002(8)
Chapter 32. The Colorado Appellate Rules
Rule 4. Appeal as of Right—When Taken

(a) [No Change]
(b) Appeals in Criminal Cases.
(1) [No Change]
(2) [No Change]

(3) Prosecutorial Appeals in Criminal Cases. An appeal by the state or the people from an order dismissing one or more but less than all counts of a charging document prior to trial, including a finding of no probable cause at a preliminary hearing, shall be filed in the court of appeals unless the order is based on a determination that a statute, municipal charter provision, or ordinance is unconstitutional, in which case the appeal shall be filed in the supreme court. Appeals of orders dismissing one or more but less than all counts of a charging document shall otherwise be conducted pursuant to the procedures set forth in Rule 4.1, except petitions for rehearing and certiorari shall be permitted, and mandates shall issue, as provided by these rules.

 

Rule 21. Procedure in Original Actions

(a) [No Change]
(b) [No Change]
(c) [No Change]

(d) Number of Copies to be Filed and Served. An original and ten copies of each petition, motion, brief or other paper shall be filed. One set of supporting documents shall be filed. If the court issues a Rule to Show Cause, the Petitioner shall file an additional ten copies of supporting documents no later than the date on which any reply is due.

 

Rule 26. Computation and Extention of Time

(a) Computation of time. In computing any period of time prescribed by these rules, by an order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period extends until the end of the next day which is not a Saturday, Sunday or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. As used in these Rules, "legal holiday" includes the first day of January, observed as New Year’s Day; the third Monday in January, observed as Martin Luther King Day; the third Monday in February, observed as Washington-Lincoln Day; the last Monday in May, observed as Memorial Day; the fourth day of July, observed as Independence Day; the first Monday in September, observed as Labor Day; the second Monday in October, observed as Columbus Day; the 11th day of November, observed as Veteran’s Day; the fourth Thursday in November, observed as Thanksgiving Day; the twenty-fifth day of December, observed as Christmas Day, and any other day designated as a holiday pursuant to Colorado statute.

 

Rule 35. Determination of Appeal

(a) [No Change]
(b) [No Change]
(c) [No Change]
(d) [No Change]
(e) [No Change]

(f) Published Opinions of Court of Appeals. A majority of all of the judges of the Court of Appeals shall determine which opinions of that court shall be designated for official publication. They shall be published in whatever official publication is designated by the Supreme Court. Those opinions designated for official publication shall be followed as precedent by the trial judges of the state of Colorado.

No opinion of the Court of Appeals shall be designated for official publication unless it satisfies one or more of the following standards: (1) the opinion lays down a new rule of law, or alters or modifies an existing rule, or applies an established rule to a novel fact situation; (2) the opinion involves a legal issue of continuing public interest; (3) the opinion directs attention to the shortcomings of existing common law or inadequacies in statutes; (4) the opinion resolves an apparent conflict of authority.

An opinion of the Court of Appeals not designated for official publication shall bear, on the title page, the legend, "NOT PUBLISHED PURSUANT TO C.A.R. 35(f)."

If the Supreme Court grants certiorari to a Court of Appeals opinion not designated for official publication, and if the Supreme Court announces an opinion in the case, the Court of Appeals’ opinion shall not be published unless otherwise ordered by the Supreme Court.

Denial of certiorari by the Supreme Court shall not necessarily be taken as approval of any opinion of the Court of Appeals.

Amended and Adopted by the Court, En Banc, June 27, 2002, effective July 1, 2002.

By the Court:
Nancy E. Rice
Justice, Colorado Supreme Court

 

Rule Change #2002(9)

Appendix to Chapter 26 Small Claims Courts Forms JDF 250

Amended and Adopted by the Court, En Banc, June 27, 2002, effective July 1, 2002.

By the Court:
Nancy E. Rice
Justice, Colorado Supreme Court

 

Rule Change #2002(10)

Appendix to Chapter 27. Colorado Rules of Probate Procedure

Probate Form 38 Trust Registration Statement.
Probate Form 40 Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding.

Amended and Adopted by the Court, En Banc, June 27, 2002, effective July 1, 2002.

By the Court:
Nancy E. Rice
Justice, Colorado Supreme Court

© 2002 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=2002.


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