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TCL > February 2004 Issue > Court Business

The Colorado Lawyer
February 2004
Vol. 33, No. 2 [Page  97]

© 2004 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

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From the Courts
Court Business

Court Business

Colorado Supreme Court Rules Committee

Rule Change 2003(20)
Colorado Rules of Civil Procedure
Chapter 13. Seizure of Person or Property
Amended and Adopted

Rule 104. Replevin

(a)–(b) [No Change].

(c) Show Cause Order; Hearing within Ten Days. The court shall without delay, examine the complaint and affidavit, and if it is satisfied that they meet the requirements of section (b), it shall issue an order directed to the defendant to show cause why the property should not be taken from the defendant and delivered to the plaintiff. Such order shall fix the date and time for the hearing thereof. The hearing date shall be not more than ten days from the date of the issuance of the order and the order must have been served at least five days prior to the hearing date. The plaintiff may request a hearing date beyond ten days, which request shall constitute a waiver of the right to a hearing not more than ten days from the date of issuance of the order. Such order shall inform the defendant that he may file affidavits on his behalf with the court and may appear and present testimony in his behalf at the time of such hearing, or that he may, at or prior to such hearing, file with the court a written undertaking to stay the delivery of the property, in accordance with the provisions of section (j) of this rule, and that, if he fails to appear at the hearing on the order to show cause or to file an undertaking, plaintiff may apply to the court for an order requiring the sheriff to take immediate possession of the property described in the complaint and deliver same to the plaintiff. The summons and complaint, if not previously served, and the order shall be served on the defendant and the order shall fix the manner in which service shall be made, which shall be by service in accordance with the provisions of Rule 4, C.R.C.P., or in such manner as the court may determine to be reasonably calculated to afford notice thereof to the defendant under the circumstances appearing from the complaint and affidavit.

(d)–(p) [No Change].

Amended and Adopted by the Court, En Banc, December 4, 2003, effective January 1, 2004.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

 

Rule Change 2003(21)
Colorado Rules of County Court Civil Procedure
Chapter 25. Rule 404. Replevin
Amended and Adopted

Rule 404. Replevin

(a)–(b) [No Change].

(c) Show Cause Order; Hearing within Ten Days. The court shall, without delay, examine the complaint and affidavit, and if it is satisfied that they meet the requirements of subsection (b), it shall issue an order directed to the defendant and delivered to the plaintiff. Such order shall fix the date and time for the hearing thereof. The hearing date shall not be more than ten days from the date of the issuance of the order and the order must have been served at least five days prior to the hearing date. The plaintiff may request a hearing date beyond ten days, which request shall constitute a waiver of the right to a hearing not more than ten days from the date of issuance of the order. Such order shall inform the defendant that if the hearing date on the order to show cause and the appearance date fixed in the summons are different dates, the defendant must appear at both times, that the defendant may file affidavits on the defendant’s behalf with the court and may appear and present testimony on the defendant’s behalf at the time of such hearing, or that the defendant may, at or prior to such hearing, file with the court a written undertaking to stay the delivery of the property, in accordance with the provisions of section (j) of this Rule, and that, if the defendant fails to appear at the hearing on the order to show cause or to file an undertaking, plaintiff may apply to the court for an order requiring the sheriff to take immediate possession of the property described in the complaint and deliver same to the plaintiff. The summons and complaint, if not previously served, and the order shall be served on the defendant and the order shall fix the manner in which service shall be made, which shall be by service in accordance with the provisions of Rule 304, C.R.C.P., on or in such manner that the court may determine to be reasonably calculated to afford notice thereof to the defendant under the circumstances appearing from the complaint and affidavit.

(d)–(p) [No Change].

Amended and Adopted by the Court, En Banc, December 4, 2003, effective January 1, 2004.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

 

Rule Change 2003(22)
Colorado Appellate Rules
Chapter 32. Rule 28. Briefs
Amended and Adopted

Rule 28. Briefs

(a)(1)–(5) [No Change].

(6) Any Request For Attorney Fees.

(b) Brief of the Appellee. Request for or opposition to Request for Attorney Fees. The brief of the appellee, which shall be entitled "answer brief," shall conform to the requirements of subsections (a)(1) through (a)(6) of this Rule, except that a statement of the issues or of the case need not be made unless the appellee is dissatisfied with the statement of the appellant and appellee must in its answer brief make its request for attorney fees or state any opposition it may have to attorney fees requested in appellant’s brief.

(c) Reply Brief. Opposition to Attorney Fees Request. The appellant may file a brief which shall be entitled "reply brief," in reply to the answer brief. Any opposition to attorney fees requested in appellee’s answer brief must be set forth in the reply brief. No further briefs may be filed except with leave of court.

(d)–(i) [No Change].

(j) Citation of Supplemental Authorities. If pertinent and significant new authority comes to a party’s attention after the party’s brief has been filed a party may promptly advise the court by notice, with a copy to all parties, setting forth the citation. The notice must state without argument the issue to which the supplemental citation pertains.

Amended and adopted by the Court, En Banc, December 4, 2003, effective January 1, 2004.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

 

Rule Change 2003(23)
Colorado Appellate Rules
Chapter 32. Rule 39.5. (New) Attorney Fees on Appeal
Adopted

Rule 39.5. (New) Attorney Fees on Appeal

If attorney fees are otherwise recoverable for the particular appeal, the party claiming attorney fees shall specifically request them, and state the legal basis therefore, in the party’s principal brief in the appellate court. Any opposition to a request for attorney fees shall be set forth, as pertinent, in either the answer or reply brief. The appellate court may determine entitlement to and the amount of any attorney fees for the appeal. In its discretion, the appellate court may remand to the trial court or tribunal below the determination of entitlement to or the amount of any attorney fees.

Adopted by the Court, En Banc, December 4, 2003, effective January 1, 2004.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

 

Rule Change 2003(24)
Colorado Rules of Civil Procedure
Chapter 18. Rules Governing Admission to the Bar
Amended and Adopted

Rule 201.14. Oath of Admission

(1)–(3) [No Change].

(4) Class A applicants who are admitted on motion pursuant to Rule 201.3 and single-client applicants who are admitted pursuant to Rule 222 shall have six months following admission to take the required course on professionalism required by Rule 201.14(3).

Amended and Adopted by the Court, En Banc, December 4, 2003, effective Immediately.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

 

 

Rule Change 2003(25)
Colorado Rules of Civil Procedure
Chapter 20. Colorado Rules of Procedure Regarding Attorney Discipline and
Disability Proceedings, Colorado Attorneys’ Fund for Client Protection, and
Mandatory Continuing Legal Education and Judicial Education
Amended and Adopted

 

Rule 260.6. Compliance

(1)–(4) [No Change].

(5) In the event a registered attorney or judge shall fail to complete the required units at the end of each applicable compliance period, the final Affidavit may be accompanied by a specific plan for making up the deficiency of units necessary within 120 days after the date of final Affidavit. When filed, the plan shall be accompanied by a make-up plan filing fee, the amount of which shall be determined by the Board annually and which shall be used to cover the costs of processing the plan. Such plan shall be deemed accepted by the Board unless within 15 days after the receipt of such final affidavit the Board notifies the affiant to the contrary. Full completion of the affiant’s plan shall be reported by Affidavit to the Board not later than 15 days following such 120-day period. Failure of the affiant to complete the plan within such 120-day period shall invoke the sanctions set forth in Paragraph (6).

(a) Section 5 does not apply to the required course on professionalism mandated by C.R.C.P. 201.14.

(6) In the event that any registered attorney or judge shall fail to comply with these rules or Rule 201.14 in any respect, the Board shall promptly notify such registered attorney or judge of the nature of the noncompliance by a statement of noncompliance. The statement shall advise the registered attorney or judge that within 15 days either the noncompliance must be corrected or a request for a hearing before the Board must be made, and that upon failure to do either, the statement of noncompliance shall be filed with the Supreme Court.

(7)–(13) [No Change].

Amended and Adopted by the Court, En Banc, December 4, 2003, effective Immediately.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

© 2004 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=2004.


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