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TCL > September 2001 Issue > Court Business

September 2001       Vol. 30, No. 9       Page  117
From the Courts
Court Business

Court Business

IN THE MATTER OF )

LOCAL RULES OF PRACTICE )

PURSUANT to 28 U.S.C. § 2071, Federal Rule of Civil Procedure 83 and Federal Rule of Criminal Procedure 57. It is

ORDERED that the proposed Local Rules of Practice for the District of Colorado shall be posted in the Clerk’s Office and on the Court’s website, www.cod.uscourts.gov. Copies of the proposed rules shall be available for distribution at the Clerk’s Office or upon request to the Clerk’s Office. Notice of these proposed changes will be published in The Colorado Lawyer. [A copy of the proposed Local Rules of Practice is available at the Colorado Bar Association office, 1900 Grant St., Ste. 900, Denver; call Karen Bries, (303) 824-5303 or (800) 332-6736.] Public comments shall be filed with the Clerk, Room C-145, U.S. Courthouse, Denver, CO 80294, no later than September 28, 2001. An en banc public hearing of the Court’s voting active judges will be held November 30, 2001, at 9:00 a.m. in Courtroom C-201. No one will be heard at the public hearing who has not filed comments with the Clerk as set forth in this Order.

Dated at Denver, Colorado, June 20, 2001.

By the Court:

Lewis T. Babcock, Chief Judge

 


Supreme Court Rules Committee

NOTICE REGARDING PUBLIC HEARING ON "SATHER RULE"

The Colorado Supreme Court has extended the time for entertaining written comments to the proposed amendments to the Colorado Rules of Civil Procedure, Rules 26(b)(1) and 30(d), and the Colorado Rules of Professional Conduct, Rule 1.5(f) and (g) ("Sather Rule"). An original and eight copies of written comments should be submitted to: Mac V. Danford, Clerk of the Supreme Court, 2 E. 14th Ave., Denver, CO 80203-2115, by 5:00 p.m. on Friday, October 19, 2001. The Supreme Court will hold a public hearing regarding the proposed amendments on Friday, November 2, 2001, at 3:00 p.m., in the Supreme Court courtroom. Please contact Mac V. Danford, Clerk of the Supreme Court, at the above address by Friday, October 19, 2001, if you would like to participate in the public hearing. See 30 The Colorado Lawyer 158 (July 2001) for the full text of the proposed amendments to the rules.


Rule Change #2001(13)
Colorado Rules for Reapportionment Commission Proceedings
Amended and Adopted

  1. These rules are adopted by the Supreme Court of Colorado pursuant to Article V, Section 48(1)(e) of the Colorado Constitution and apply to the revision and alteration of legislative districts after the federal census of 2000.
  2. [No Change]
  3. On or before December 7, 2001, the Commission shall file the plan with the Court. Following the Commission’s submission of the plan to the Court, the Commission, and any other proponent of the submitted plan, shall submit to the Court on or before December 17, 2001, the following materials:
    1. [No Change]
    2. [No Change]
  4. Any opponent to the plan submitted by the Commission may file a statement of opposition, a proposed alternate plan or plans, appropriate maps, and comprehensive explanatory, descriptive, and legal memoranda. Such materials shall be filed with the Court on or before December 27, 2001.
  5. The Commission and any proponent shall have up to and including January 3, 2002, to file a reply to the opponents with the Court, if the Commission or proponent so desires.
  6. [No Change]
  7. [No Change]
  8. [No Change]
  9. [No Change]
  10. [No Change]

Amended and Adopted by the Court, En Banc, June 21, 2001, effective July 1, 2001.

 


Rule Change #2001(14)
Colorado Rules of Civil Procedure
Chapter 13. Seizure of Person or Property
Amended and Adopted

Rule 103. Garnishment

This rule sets forth the exclusive process for garnishment. There shall be five (5) types of writs: (1) Writ of Continuing Garnishment, (2) Writ of Garnishment with Notice of Exemption and Pending Levy, (3) Writ of Garnishment for Support, (4) Writ of Garnishment—Judgment Debtor Other Than Natural Person, and (5) Writ of Garnishment in Aid of Writ of Attachment.

Section 1
Writ of Continuing Garnishment
(On Earnings of a Natural Person)

  1. [No Change]
  2. [No Change]
  3. [No Change]
  4. Service of Writ of Continuing Garnishment. A judgment creditor shall serve two (2) copies of the writ of continuing garnishment, together with a blank copy of C.R.C.P. Form 28, "Objection to the Calculation of the Amount of Exempt Earnings" (Appendix to Chapters 1 to 17, Form 28, C.R.C.P.), upon the garnishee, one copy of which the garnishee shall deliver to the judgment debtor as provided in subsection (h)(1) of this rule. Service of the writ shall be in accordance with C.R.C.P. 4, and the person who serves the writ shall note the date and time of such service on the return service. In any civil action, a judgment creditor shall serve no more than one writ of continuing garnishment upon any one garnishee for the same judgment debtor during the Effective Garnishment Period. This restriction shall not preclude the issuance of a subsequent writ within the Effective Garnishment Period.
  5. [No Change]
  6. Effective Garnishment Period.
    1. A writ of continuing garnishment shall be a lien and continuing levy against the nonexempt earnings of the judgment debtor until such time as earnings are no longer due, the underlying judgment is vacated, modified or satisfied in full, the writ is dismissed, or for ninety (90) days following service of the writ, if the judgment was entered prior to August 8, 2001, and one hundred eighty (180) days following service of the writ if the judgment was entered on or after August 8, 2001, except when such writ is suspended pursuant to subsection (j) of this rule.
    2. When a writ of continuing garnishment is served upon a garnishee during the Effective Garnishment Period of a prior writ, it shall be effective for the Effective Garnishment Period following the Effective Garnishment Period of any prior writ.
    3. If a writ of garnishment for support pursuant to C.R.S. 14-14-105 is served during the effective period of a writ of continuing garnishment, the Effective Garnishment Period shall be tolled and all priorities preserved until the termination of the writ of garnishment for support.
  7. [No Change]
  8. [No Change]
  9. [No Change]
  10. Suspension. A writ of continuing garnishment may be suspended for a specified period of time by the judgment creditor upon agreement with the judgment debtor, which agreement shall be in writing and filed by the judgment creditor with the clerk of the court in which judgment was entered and a copy shall be delivered by the judgment creditor to the garnishee. No suspension shall extend the running of the Effective Garnishment Period nor affect priorities.
  11. [No Change]
  12. [No Change]
  13. [No Change]

Section 2
[No Change]


Section 3
Writ of Garnishment for Support

  1. [No Change]
  2. [No Change]
  3. [No Change]
  4. [No Change]
  5. [No Change]
  6. Effective Garnishment Period and Priority.
    1. [No Change]
    2. [No Change]
  7. 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 to the clerk of the court which issued such writ 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.
  8. [No Change]
  9. [No Change to the rest of the Sections]

Amended and Adopted by the Court, En Banc, June 28, 2001, effective August 8, 2001.

 


Colorado Rules of Civil Procedure
Chapter 25. The Colorado Rules of County Court Civil Procedure
Amended and Adopted

Rule 403. Garnishment

NOTE: County Court Rule 403 is identical to C.R.C.P. 103 except for cross references within the County Court Rule to other County Court Rules. Forms used with the County Court are identical to those used with C.R.C.P. 103, and because County Court Rule 403 cites to and incorporates C.R.C.P. Forms 26 through 34, they need not be duplicated in the County Court Forms Section.

This rule sets forth the exclusive process for garnishment. There shall be five (5) types of writs: (1) Writ of Continuing Garnishment, (2) Writ of Garnishment with Notice of Exemption and Pending Levy, (3) Writ of Garnishment for Support, (4) Writ of Garnishment—Judgment Debtor Other Than Natural Person, and (5) Writ of Garnishment in Aid of Writ of Attachment.

Section 1
Writ of Continuing Garnishment
(On Earnings of a Natural Person)

  1. [No Change]
  2. [No Change]
  3. [No Change]
  4. Service of Writ of Continuing Garnishment. A judgment creditor shall serve two (2) copies of the writ of continuing garnishment, together with a blank copy of C.R.C.P. Form 28, "Objection to the Calculation of the Amount of Exempt Earnings" (Appendix to Chapters 1 to 17, Form 28, C.R.C.P.), upon the garnishee, one copy of which the garnishee shall deliver to the judgment debtor as provided in subsection (h)(1) of this rule. Service of the writ shall be in accordance with C.R.C.P. 304, and the person who serves the writ shall note the date and time of such service on the return service. In any civil action, a judgment creditor shall serve no more than one writ of continuing garnishment upon any one garnishee for the same judgment debtor during the Effective Garnishment Period. This restriction shall not preclude the issuance of a subsequent writ within the Effective Garnishment Period.
  5. [No Change]
  6. Effective Garnishment Period.
    1. A writ of continuing garnishment shall be a lien and continuing levy against the nonexempt earnings of the judgment debtor until such time as earnings are no longer due, the underlying judgment is vacated, modified or satisfied in full, the writ is dismissed, or for ninety (90) days following service of the writ, if the judgment was entered prior to August 8, 2001, and one hundred eighty (180) days following service of the writ if the judgment was entered on or after August 8, 2001, except when such writ is suspended pursuant to subsection (j) of this rule.
    2. When a writ of continuing garnishment is served upon a garnishee during the Effective Garnishment Period of a prior writ, it shall be effective for the Effective Garnishment Period following the Effective Garnishment Period of any prior writ.
    3. If a writ of garnishment for support pursuant to C.R.S. 14-14-105 is served during the effective period of a writ of continuing garnishment, the Effective Garnishment Period shall be tolled and all priorities preserved until the termination of the writ of garnishment for support.
  7. [No Change]
  8. [No Change]
  9. [No Change]
  10. Suspension. A writ of continuing garnishment may be suspended for a specified period of time by the judgment creditor upon agreement with the judgment debtor, which agreement shall be in writing and filed by the judgment creditor with the clerk of the court in which judgment was entered and a copy shall be delivered by the judgment creditor to the garnishee. No suspension shall extend the running of the Effective Garnishment Period nor affect priorities.
  11. [No Change]
  12. [No Change]
  13. [No Change]

SECTION 2
[No Change]

Section 3
Writ of Garnishment for Support

  1. (a) [No Change]
  2. (b) [No Change]
  3. (c) [No Change]
  4. (d) [No Change]
  5. (e) [No Change]
  6. (f) Effective Garnishment Period and Priority.
    1. [No Change]
    2. [No Change]
  7. 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 to the clerk of the court which issued such writ 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.
  8. [No Change]

    [No Change to rest of the Sections]

Amended and Adopted by the Court, En Banc, June 28, 2001, effective August 8, 2001.


 

Rule Change #2001(15)
The Colorado Rules of Civil Procedure
Chapter 2. Pleadings and Motions
Amended and Adopted

Rule 10. Form and Quality of Pleadings,
Motions and Other Documents

  1. Caption; Names of Parties. Every pleading, motion,
    E-filed document under C.R.C.P. 121 (1-26), or any other document filed with the court (hereinafter "document") in both civil and criminal cases shall contain a caption setting forth the name of the court, the title of the action, the case number, if known to the person signing it, the name of the document in accordance with Rule 7(a), and the other applicable information in the format specified by paragraph (d) and the captions illustrated by paragraph (e) or (f) of this rule. In the complaint initiating a lawsuit, the title of the action shall include the names of all the parties to the action. In all other documents, it is sufficient to set forth the name of the first-named party on each side of the lawsuit with an appropriate indication that there are also other parties (such as "et al."). A party whose name is not known shall be designated by any name and the words "whose true name is unknown." In an action in rem, unknown parties shall be designated as "all unknown persons who claim any interest in the subject matter of this action."
  2. [No Change]
  3. [No Change]
  4. General Rule Regarding Paper Size, Format, and Spacing. All documents filed after the effective date of this rule, including those filed through the E-Filing System under C.R.C.P. 121 (1-26), shall meet the following criteria:
    1. [No Change]
    2. Format: All documents shall be legible. They shall be printed on one side of the page only (except for E-Filed documents).
      1. Margins: All documents shall use margins of 1-1/2 inches at the top of each page, and 1 inch at the left, right, and bottom of each page. Except for the caption, a left-justified margin shall be used for all material.
      2. Font: No less than twelve (12) point font shall be used for all documents.
      3. Case Caption Information: All documents shall contain the following information arranged in the following order, as illustrated by paragraphs (e) and (f) of this rule, except that documents issued by the court under the signature of the clerk or judge should omit the attorney section as illustrated in paragraphs (e)(2) and (f)(2). Individual boxes should separate this case caption information; however, vertical lines are not mandatory.

        On the left side:

        Court name and mailing address.

        Name of parties.

        Name, address, and telephone number of the attorney or pro se party filing the document. Fax number and e-mail address are optional.

        Attorney registration number.

        Document title.

        On the right side:

        An area for "Court Use Only" that is at least 2-1/2 inches in width and 1-3/4 inches in length (located opposite the court and party information).

        Case number, division number, and courtroom number (located opposite the attorney information above).

    3. [No Change]
    4. [No Change]
  5. Illustration of Preferred Case Caption Format: [See Court website for illustration]

    . . .

  6. Illustration of Optional Case Caption: [See Court website for illustration]

    . . .

  7. [No Change]
  8. The forms of case captions provided for in this rule replaces those forms of captions otherwise provided for in other Colorado rules of procedure, including but not limited to the Colorado Rules of County Court Procedure, the Colorado Rules of Procedure for Small Claims Courts, and the Colorado Appellate Rules. These forms of case captions apply to criminal cases, as well as civil cases.
  9. State Judicial Pre-Printed or Computer-Generated Forms. Forms approved by the State Court Administrator’s Office (designated "JDF" or "SCAO" on pre-printed or computer-generated forms), forms set forth in the Colorado Court Rules, volume 12, C.R.S., (including those pre-printed or computer-generated forms designated "CRCP" or "CPC" and those contained in the appendices of volume 12, C.R.S.), and forms generated by the state’s judicial electronic system, "ICON," shall conform to criteria established by the State Court Administrator’s Office with the approval of the Colorado Supreme Court. Such forms, whether pre-printed or computer-generated, shall employ a form of caption similar to those contained in this rule and may be double-sided, contain check-off boxes for the court designation, have at least a 9-point font, and 1 inch left margin, 1/2 inch right and bottom margins, and 3/4 inch top margin.

COMMENT

This rule sets forth forms of case captions for all documents that are filed in Colorado courts, including both criminal and civil cases. The purpose of the form captions is to provide a uniform and consistent format that enables practitioners, clerks, administrators, and judges to locate identifying information more efficiently. Judges are encouraged in their orders to employ a caption similar to that found in paragraph (e)(2).

The preferred case caption format for documents initiated by a party is found in paragraph (e)(1). The preferred caption for documents issued by the court under the signature of a clerk or judge is found in paragraph (e)(2). Because some parties may have difficulty formatting their documents to include vertical lines and boxes, alternate case caption formats are found in paragraphs (f)(1) and (f)(2). However, the box format is the preferred and recommended format.

The boxes may be vertically elongated to accommodate additional party and attorney information if necessary. The "court use" and "case number" boxes, however, shall always be located in the upper right side of the caption.

Forms approved by the State Court Administrator’s Office (designated "JDF" or "SCAO"), forms set forth in the Colorado Court Rules, volume 12, C.R.S. (including those designated "CRCP" or "CPC" and those contained in the appendices of volume 12, C.R.S.), and forms generated by the state’s judicial electronic system, "ICON," shall conform to criteria established by the State Court Administrator’s Office as approved by the Colorado Supreme Court. This includes pre-printed and computer-generated forms. JDF and SCAO forms and a flexible form of caption which allows the entry of additional party and attorney information are available and can be downloaded from the Colorado courts web page at http://www.courts.state.co.us/ scao/Forms.htm.

Amended and Adopted by the Court, En Banc, June 28, 2001, effective July 1, 2001.

By the Court:

Mary J. Mullarkey
Chief Justice, Colorado Supreme Court

 

Corrective Order to Rule Change #2001(15)
The Colorado Rules of Civil Procedure
Chapter 32. The Colorado Appellate Rules

C.A.R. 32. Form of Briefs and Appellate Documents

The text of C.A.R. 32 is unchanged, except that the numbering of subsections (c)(1)(II) and (c)(2)(II) has been corrected:

(c)

(1)

(II) Preferred Caption for documents issued by the court or clerk of court:

(c)

(2)

(II) Optional Caption for documents issued by the court or clerk of court:

This Corrective Order is Adopted on July 24, 2001, nunc pro tunc, effective July 1, 2001.

By the Court:

Gregory J. Hobbs, Jr.
Justice, 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 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: 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 97-02
Directive Concerning Court Appointment of Guardians ad Litem,
Special Advocates, Court Visitors, and Attorney Representatives and
Of Counsel for Children and Indigent Persons in Titles 14, 15, 19
(Dependency and Neglect Only), 22, 25, and 27
Notice of Revision, Effective July 1, 2001

Chief Justice Directive 97-02, "Directive Concerning Court Appointment of Guardians ad Litem, Special Advocates, Court Visitors, and Attorney Representatives and Of Counsel for Children and Indigent Persons in Titles 14, 15, 19 (Dependency and Neglect Only), 22, 25, and 27" has been revised effective July 1, 2001, to reflect the new Office of the Child’s Representative. The revised directive is available on the Colorado Courts website at www.courts.state.co.us (click on "Index of Chief Justice Directives" under the heading "Today In Your Courts." Copies also may be obtained by contacting Jay Dierks at (303) 837-2317.

© 2001 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=2001.


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