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TCL > November 2003 Issue > Court Business

November 2003       Vol. 32, No. 11       Page  133
From the Courts
Court Business

Court Business

Colorado Supreme Court Rules Committee

Rule Change 2003(14)
The Colorado Rules of Criminal Procedure
Chapter 29. Colorado Rules of Criminal Procedure
For All Courts of Record In Colorado
Amended and Adopted

The following rule is amended as of September 4, 2003:

Rule 17. Subpoena

In every criminal case, the prosecuting attorneys and the defendant have the right to compel the attendance of witnesses and the production of tangible evidence by service upon them of a subpoena to appear for examination as a witness upon the trial or other hearing.

(a) [No Change]

(b) Pro Se Defendants. Subpoenas shall be issued at the request of a pro se defendant, as hereinafter provided. The court or a judge thereof, in its discretion in any case involving a pro se defendant, may order at any time that a subpoena be issued only upon motion or request of a pro se defendant and upon order entered thereon. The motion or request shall be supported by an affidavit stating facts supporting the contention that the witness or the items sought to be subpoenaed are material and relevant and that the defendant cannot safely go to trial without the witness or items which are sought by subpoena. If the court is satisfied with the affidavit it shall direct that the subpoena be issued.

(c)–(h) [No Change]

Amended and Adopted by the Court, En Banc, September 4, 2003, effective immediately.

By the Court:

Alex J. Martinez
Justice, Colorado Supreme Court

 


 

Rule Change 2003(15)
The Colorado Rules of Civil Procedure
Chapter 3. Parties
Adopted

Rule 23. Class Actions

(a)–(e) No Change

(f) Appeals. An appeal from an order granting or denying class certification under this rule may be allowed pursuant to the procedures set forth in C.R.S. § 13-20-901 (2003).

Adopted by the Court, En Banc, September 18, 2003, nunc pro tunc July 1, 2003, and shall apply to civil actions filed on or after July 1, 2003.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court


Rule Change 2003(16)
The Colorado Rules of Civil Procedure
Chapter 1. Scope of Rules, One Form of Action,
Commencement of Action, Service of Process,
Pleadings, Motions, and Orders
Adopted

Rule 3.2. Appeals from the Denial of a Petition for Waiver of Parental Notification Requirements.

Appeals from orders denying a petition for waiver of the parental notification requirements of Section § 12-37.5-104, C.R.S., shall be in the manner and within the time prescribed in Chapter 23.5 of the Colorado Rules of Civil Procedure.

Adopted by the Court, En Banc, September 18, 2003.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court


Rule Change 2003(17)
The Colorado Rules of Civil Procedure
Chapter 23.5. Rules of Procedure for Judicial Bypass of
Parental Notification Requirements
Instructions and Forms
Adopted

Instructions For Obtaining Judicial Bypass of Parental Notification Requirements Concerning Abortions for Minors

JDF 11. Petition for Waiver of Parental Notification Requirements

JDF 12. Setting Notice

JDF 15. Notice of Appeal

Rule 23.5, Instructions and forms, are adopted by the Court, En Banc, September 18, 2003.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court


Rule Change 2003(17)
The Colorado Rules of Civil Procedure
Chapter 23.5. Rules of Procedure
For Judicial Bypass of Parental Notification Requirements

Rule 1. Applicability. This rule applies to proceedings instituted pursuant to Section 12-37.5-107(2)(g), C.R.S., which allows for judicial bypass of the parental notification requirements set forth in the Colorado Parental Notification Act, Sections 12-37.5-101, et seq., concerning abortions to be performed on unemancipated minors.

Rule 2. Petition for Waiver of Parental Notification Requirements

(a) Procedure. An unemancipated minor who seeks waiver of the parental notification requirements for an abortion shall file on her own, or have filed on her behalf, a "petition" with any district court or Denver Juvenile Court (both hereinafter referred to as "district court"), as provided in Rule 6 (Form 1) of these rules. These rules of procedure and forms, as well as instructions for using the judicial bypass procedure, shall be available free of charge at the offices of all clerks of the state district courts and on the Judicial Department’s official website (http://www.courts.state.co.us). The clerk of court’s office shall provide assistance to minors seeking to file a judicial bypass petition in a manner that protects the minor’s right to anonymity and confidentiality in the proceedings. (b) Expedited Proceedings. Court proceedings under this rule shall be given preference over other pending matters and shall be heard and decided as soon as practicable but in no event later than four calendar days after the petition was filed. If the court fails to act within four calendar days, the court in which the proceeding is pending shall immediately issue an order setting forth that the parental notification requirements have been dispensed with by operation of law, pursuant to Section 12-37.5-107(2)(f), C.R.S. (c) Setting. At the time the petition is filed, the clerk shall immediately transfer the court file to the assigned judge for setting and inform the person filing the petition of the date, time and location of the hearing. The hearing shall be set as soon as practicable but in no event later than four calendar days after the date of filing. The hearing time shall accommodate the minor’s schedule as practicable and shall be set before a district court or Denver juvenile court judge, and not a magistrate. (d) Transfer of Court File. At the time the petition is filed, the clerk shall place the petition in a sealed envelope marked "SEALED MATERIALS—CONFIDENTIAL" identifying the file by case number only. The envelope shall be date stamped and forwarded immediately to the assigned judge for setting of the hearing. The clerk shall inform the judge of the four-day time limitation for the case and of any request for counsel and/or a guardian ad litem at that time. (e) Contents of Petition. The petition shall include the following:(1) the name and age of the minor;(2) the length of the pregnancy;(3) information to establish that the minor is unemancipated;(4) a statement concerning whether the minor has been informed of the risks and consequences of the abortion;(5) a statement that the minor seeks to have an abortion without notifying her parent(s), guardian or foster parent;(6) the name, address and telephone number of the attending physician should the minor request to have the court inform the physician directly of its decision;(7) a statement that the minor is sufficiently mature to decide whether to have an abortion without the notification of her parent(s), guardian or foster parent, and/or that parental notification would not be in her best interest; (8) any request for court appointed counsel and/or a guardian ad litem; and(9) contact information for confidential notification by the court of any court proceedings and/or rulings.(f) Grounds for waiver. In review of the petition, the court shall enter an order dispensing with the notice requirements of Section 12-37.5-104, C.R.S. if:(1) the court determines, by clear and convincing evidence, that the minor is sufficiently mature to decide whether to have an abortion; or(2) the court determines, by a preponderance of the evidence, that the giving of parental notice would not be in the best interest of the minor.

(g) Orders. Any order allowing for or denying a waiver of the parental notification requirements, either on the record or in writing, shall include specific factual and legal conclusions in support of the decision. The order shall issue within four calendar days of the filing of the petition. If the court fails to act within four days, an order shall immediately be issued by the court setting forth that the parental notification requirements have been dispensed with by operation of law. A certified copy of any order issued shall be provided to the minor by the method requested in the petition, the minor’s attorney, if represented, and the guardian ad litem, if one has been appointed. A certified copy of the order also shall be provided to the attending physician of the minor, as set forth in the petition. If the court denies the petition, the minor and/or her attorney, if she is represented, shall be notified of the right to appeal and provided with a copy of the notice of appeal form (Form 3) contained in Rule 6 of these rules. (h) Appointment of Counsel and/or Guardian Ad Litem. The court may appoint counsel for the minor, if she is not represented. In addition, the court may appoint a guardian ad litem for the minor. Any appointed attorney or guardian ad litem shall be retained at no cost to the minor, shall act within the time frames provided in these rules and shall maintain the confidentiality of the court record and proceedings.

Rule 3. Appeal to the Court of Appeals.

(a) Procedure. An appeal of an order denying a petition filed under these rules may be made to the Colorado Court of Appeals by the minor, or someone acting on her behalf, by promptly filing a "notice of appeal," as provided in Rule 6 (Form 3) of these rules. A copy of the district court order shall be attached to the notice of appeal. An advisory copy of the notice of appeal shall be filed with the district court. The appeal shall be decided on the record. A petitioner brief may be filed but is not required. Oral argument may be held at the discretion of the court.(b) Setting. Upon receipt of the notice of appeal, the clerk of the Court of Appeals shall immediately request a transcript or any analog or digital recording of the district court proceedings. The clerk of the district court shall arrange for preparation of the transcript directly with the reporter if the proceeding was stenographically recorded. The clerk of the district court shall certify the contents and forward the entire district court file, including any prepared transcript or recording, in its sealed envelope to the clerk of the Court of Appeals via overnight or hand delivery forthwith, to be received in no event later than 48 hours after the notice of appeal was filed.(c) Decision. A decision shall issue no later than five calendar days after the notice of appeal was filed. If no decision is rendered within five days, the court shall immediately issue an order setting forth that the parental notification requirements have been dispensed with by operation of law, pursuant to Section 12-37.5-107(2)(f), C.R.S. A certified copy of any order issued shall be provided to the minor by the method requested in the petition, the minor’s attorney, if represented, and the guardian ad litem, if one has been appointed. A certified copy of the order also shall be provided to the attending physician of the minor, as set forth in the petition.

Rule 4. No Fees or Costs. No court fees or costs of any kind, including transcript fees, shall be assessed against the minor in connection with the filing of the petition or an appeal pursuant to these rules.

Rule 5. Confidentiality of Court Record and Proceedings.

(a) Court proceedings. All district court and appellate court proceedings shall be closed to the public. All hearings shall be held in a location where there is privacy and limited access.(b) Court record. The entire district court and appellate court record relating to the petition, excluding any published decisions but including, without limitation, the petition, pleadings, submissions, transcripts, court reporter notes and tapes, tape recordings, exhibits, orders, evidence, findings, conclusions, and any other material to be maintained, shall be stored in a closed file contained in a sealed envelope and conspicuously marked "SEALED MATERIALS—CONFIDENTIAL." The envelope shall be identified within the clerk’s office only through reference to the case number. Access to the court file shall be limited to essential court personnel, the minor, the minor’s attorney, any appointed guardian ad litem, and/or the court for use only in connection with court proceedings conducted under these rules. The court record shall not be open to public inspection or public disclosure, unless otherwise ordered by the court.

Rule 6. Forms. The following forms may be used and shall be sufficient. The authorization of these forms shall not prevent the use of other forms which substantively comply with the requirements of these rules of procedure.

[Note: For space reasons, the forms are not printed here. For complete text of rule changes, including forms and versions showing highlighted revisions, please visit the Court’s website: http://www.courts. state.co.us.]

 

Colorado Judicial Department
Chief Justice of the Supreme Court Directives

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: http://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 03-02, Amended
Supreme Court of Colorado
Office of the Chief Justice
Authorization of New Procedure for
Motions to Withdraw in All Civil Cases

 

WHEREAS, Article VI, Section 5 of the Colorado Constitution designates the Chief Justice of the Supreme Court as the executive head of the judicial system. As such, the Chief Justice has the responsibility to promote the effective and efficient operation of the judicial system.

WHEREAS, under the current budgetary constraints,
including reductions in clerk staff, the judicial system must maximize limited resources and streamline court procedures wherever feasible.

WHEREAS, all civil cases include District and County Civil cases, Domestic Relations cases, and all Civil Juvenile Cases.

WHEREAS, attorney motions to withdraw filed at the conclusion of proceedings in all civil cases cause a high volume of paperwork for clerks and judicial officers to process.

WHEREAS, Rule 121, Section 1-1 of the Colorado Rules of Civil Procedure sets forth the requirements for Entry of Appearance and Withdrawal.

WHEREAS, a simplified notice procedure for the withdrawal of counsel at the conclusion of all matters in civil cases, and post decree matters, including withdrawal motions filed by the Department of Social Services which also request a change of payee due to the Department’s withdrawal, would enhance each of these goals.

WHEREAS, the Supreme Court has approved this procedure.

NOW THEREFORE, the Chief Justice of the Supreme Court Orders as a general policy of this Court, until such time as a permanent rule change can be presented to the Supreme Court, counsel in all civil cases, which are concluded (meaning all related orders have been submitted and entered by the court) shall file withdrawals pursuant to the attached notice form. Clerks are authorized to enter the withdrawals subject to a 15-day period for objection. If an objection is filed, the matter shall be assigned to the appropriate judicial officer for consideration.

IT IS FURTHER ORDERED, that withdrawals filed prior to the conclusion of all pending matters in a civil case, shall be filed pursuant to the existing Rule 121, Section 1-1.

IT IS FURTHER ORDERED, that the clerks of all state courts shall post and distribute copies of this Order, and district and county court judges and magistrates are authorized to give notice of this Order to parties and counsel.

DATED this 17 September 2003.

Mary J. Mullarkey, Chief Justice

© 2003 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=2003.


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