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TCL > March 2005 Issue > Court Business

The Colorado Lawyer
March 2005
Vol. 34, No. 3 [Page  113]

© 2005 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 2005(1)
Colorado Rules of Civil Procedure
Chapter 13. Seizure of Person or Property
Rule 103. Garnishment; Section 3. Writ of Garnishment for Support
Amended and Adopted

(a)–(f) [No Change]
(g) Answer and Tender of Payment by Garnishee.
(1) [No Change]
(2) The garnishee shall pay any nonexempt earnings and deliver a calculation of the amount of exempt earnings, as directed in the writ of garnishment for support, to the family support registry, the clerk of the court that issued such writ, or to the judgment creditor no less than five (5) nor more than ten (10) days following the time the judgment debtor receives earnings during the Effective Garnishment Period of such writ.

(h) Disbursement of Garnished Earnings. The family support registry or the clerk of the court shall disburse nonexempt earnings to the judgment creditor without further application or order and enter such disbursement in the court records. The judgment creditor shall refund to the clerk of the court any disbursement in excess of the amount necessary to satisfy the judgment.

Amended and adopted by the Court, En Banc January 13, 2005, effective February 1, 2005.

By the Court:

Nancy E. Rice
Justice of the Colorado Supreme Court

 

Rule Change 2005(2)
Colorado Rules of Civil Procedure
Appendix to Chapters 1 to 17A
Forms (See Rule 84)
Amended and Adopted

[Attention Readers: Amended and adopted Forms 31 and 33 may be found at the Court’s website: http://www.courts. state.co.us.]

Form 31. Writ of Garnishment for Support

Form 33. Writ of Garnishment in Aid of Writ of Attachment

Amended and adopted by the Court, En Banc, January 13, 2005, effective February 1, 2005.

By the Court:

Nancy E. Rice
Justice of the Colorado Supreme Court

 

Rule Change 2005(3)
Colorado Appellate Rules
Rule 42. Voluntary Dismissal
Amended and Adopted

(a) Dismissal in the Trial Court. Deleted September 23, 1983, effective January 1, 1984.

(b) Dismissal in the Appellate Court. If the parties to an appeal or other proceeding sign and file with the clerk of the appellate court an agreement that the proceeding be dismissed, specifying the terms as to payment of costs, and pay whatever fees are due, the clerk shall dismiss the appeal, but no mandate or other process shall issue without an order of the court. An appeal may be dismissed on motion of the appellant upon such terms as may be agreed upon by the parties or fixed by the court.

Amended and adopted by the Court, En Banc, January 6, 2005, effective immediately.

By the Court:

Nancy E. Rice
Justice of the Colorado Supreme Court

 

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 assissed 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.colorado. gov/dpa/doah/.

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 due to space restrictions. To obtain a copy of attachments, contact: Court Services Division, Office of the State Court Administrator, 1301 Pennsylvania St., #300, Denver, CO 80203.

 

Chief Justice Directive 85-22
Amended
Supreme Court of Colorado, Office of the Chief Justice
Rate of Interest on Judgments That Are Appealed

Pursuant to the cited references, the Colorado Secretary of State has certified the following rates of interest on judgments that are appealed:

Effective Date  Rate Date Certified
January 1, 1995  7% January 3, 1995
January 1, 1996  7% January 2, 1996
January 1, 1997  7% January 3, 1997
January 1, 1998  7% January 1, 1998
January 1, 1999  7% January 4, 1999
January 1, 2000  7% January 1, 2000
January 1, 2001  8% January 1, 2001
January 1, 2002  3% January 1, 2002
January 1, 2003  3% January 2, 2003
January 1, 2004  4% January 2, 2004
January 1, 2005  5% January 1, 2005
DONE this 12th day of January 2004.

 

Approved by the Chief Justice:

Mary J. Mullarkey

References

Section 5-12-106(2)(a), 2 C.R.S (2003) and 13-21-101(3), 5 C.R.S. (2003).

© 2005 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=2005.


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