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TCL > January 2008 Issue > Court Business

The Colorado Lawyer
January 2008
Vol. 37, No. 1 [Page  101]

© 2008 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

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From the Courts
Court Business

Court Business

Visit the related court’s website for complete text of rule changes or proposed rule changes issued by the court. Each court’s website includes corresponding forms, which are not printed in Court Business, and versions with highlights of revisions (deletions and additions).


Colorado Supreme Court Rules Committee

Correction to Rule Change 2006(04)
Colorado Rules of Civil Procedure for Courts of Record in Colorado
Chapter 1
Scope of Rules, One Form of Action, Commencement of Action,
Service of Process, Pleadings, Motions and Orders

Rule 4. Process

(f) Substituted Service. In the event that a party attempting service of process by personal service under section (e) is unable to accomplish service, and service by publication or mail is not otherwise permitted under section (g), the party may file a motion, supported by an affidavit of the person attempting service, for an order for substituted service. The motion shall state (1) the efforts made to obtain personal service and the reason that personal service could not be obtained, (2) the identity of the person to whom the party wishes to deliver the process, and (3) the address, or last known address of the workplace and residence, if known, of the party upon whom service is to be effected effective. If the court is satisfied that due diligence has been used to attempt personal service under section (e), that further attempts to obtain service under section (e) would be to no avail, and that the person to whom delivery of the process is appropriate under the circumstances and reasonably calculated to give actual notice to the party upon whom service is to be effective, it shall:

Note: No corrective order is issued; this correction corrects typographical error in Rule 4(f) correcting "effective." to "effected."


Corrective Order to Rule Change 2007(09)

Chapter 1
Scope of Rules. One Form of Action, Commencement of Action,
Service of Process, Pleadings, Motions and Orders

Rule 6. Time

(a) Computation. In computing any period of time prescribed or allowed by these rules, 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 so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. The term "calendar days" shall mean consecutive days including holidays, Saturdays or Sundays. Unless otherwise specifically ordered, when the period of time prescribed or allowed is less than eleven days and not specified as "calendar days," intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this Rule, "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 except Saturday or Sunday when the court is closed.

(b) through (d) [No Change].

(e) Additional Time After Service Under C.R.C.P. 5(b)(2)(B), (C), or (D). Unless otherwise specifically ordered, whenever a party must or may act within a prescribed period after service is made under C.R.C.P. 5(b)(2)(B), (C), or (D), three calendar days shall be added after the prescribed period would expire under the rule that defines the length of the prescribed period.

COMMITTEE COMMENT to Rule 6(e).

The three extra days for service under rule 5(b)(2)(B), (C), and (D) are calendar days and do not exclude weekends and holidays. Of course, if the newly calculated date, after adding the three additional days under Rule 6(e) following service other than personal service, ends on a weekend or holiday, the deadline will be extended to the next business day.

When a deadline for action calculated under Rule 6(a) lands on a Saturday, Sunday or holiday, the three days under Rule 6(e) are to be added from that day, not from the first business day following the originally determined date. Thus, for example, if a motion is e-filed on a Friday so that the 15-day deadline for filing an answer brief falls on a Saturday, the addition of the three days for service by e-filing would extend the actual filing deadline to the following Tuesday (Saturday deadline, plus Sunday, Monday and Tuesday).

Chapter 2
Pleadings and Motions

Rule 16. Case Management and Trial Management

(a) through (b)(8) [No Change].

(9) Pre Trial Motions. No later than 35 days before the trial date, pretrial motions shall be filed, except for motions pursuant toe C.R.C.P. 56, which must be filed no later than 85 days before the trial.

(c) Modified Case Management Order. Any of the provisions of section (b) of this Rule may be modified by the entry of a Modified Case Management Order pursuant to this section and section (d) of this Rule. If a trial is set to commence less than 180 days after the at-issue date as defined in C.R.C.P. 16(b)(1), and if a timely request for a modified case management order is made by any party, the case management order shall be modified to allow the parties an appropriate amount of time to meet case management deadlines, including discovery, expert disclosures, and the filing of summary judgment motions. The amounts of time allowed shall be within the discretion of the court on a case-by-case basis.

(d) through (g) [No Change].

Chapter 17
Court Proceedings: Sales Under Powers

Rule 120. Orders Authorizing Sales Under Powers

(a) through (b) [No Change].

(c) Response; Contents; Filing and Service. Any interested person who disputes, on grounds within the scope of the hearing provided for in section (d), the moving party’s entitlement to an order authorizing sale may file and serve a response to the motion, verified by the oath of such person, setting forth the facts upon which he relies and attaching copies of all documents which support his position. The response shall be filed and served not less than five days prior to the date set for the hearing, said interval including intermediate Saturdays, Sundays, and legal holidays, C.R.C.P. 6(a) notwithstanding, unless the last day of the period so computed is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next succeeding day which is not a Saturday, Sunday or a legal holiday. Service of such response upon the moving party shall be made in accordance with C.R.C.P. 5(b). C.R.C.P. 6(e) shall not apply to computation of time periods under this section (c).

(d) Hearing; Scope of Issues; Order; Effect. At the time and place set for the hearing or to which the hearing may have been continued, the court shall examine the motion and the responses, if any. The scope of inquiry at such hearing shall not extend beyond the existence of a default or other circumstances authorizing, under the terms of the instrument described in the motion, exercise of a power of sale contained therein, and such other issues required by the Service Member Civil Relief Act (SCRA), 50 U.S.C. § 520, as amended. The court shall determine whether there is a reasonable probability that such default or other circumstance has occurred, and whether an order authorizing sale is otherwise proper under said SCRA, and shall summarily grant or deny the motion in accordance with such determination. Neither the granting nor the denial of a motion under this Rule shall constitute an appealable order or judgment. The granting of any such motion shall be without prejudice to the right of any person aggrieved to seek injunctive or other relief in any court of competent jurisdiction, and the denial of any such motion shall be without prejudice to any right or remedy of the moving party. The court shall not require the appointment of an attorney to represent any interested person as a condition of granting such motion, unless it appears from the motion or other papers filed with the court that there is a reasonable probability that the interested person is in the military service.

(e) through (h) [No Change].

Chapter 17A
Practice Standards and Local Court Rules

Rule 121. Local Rules—Statewide Practice Standards
Section 1-15
Determination of Motions

1. Briefs; When Required; Time for Serving and Filing—Length. Except motions during trial or where the court deems an oral motion to be appropriate, any motions involving a contested issue of law shall be supported by a recitation of legal authority incorporated into the motion except for a motion pursuant to C.R.C.P. 56. Except for electronic filings made pursuant to Section 1-26 of this Rule, the original and one copy of all motions and briefs shall be filed with the court, and a copy served as required by law. The responding party shall have 15 days or such lesser or greater time as the court may allow in which to file and supply the courtroom clerk with a responsive brief. The moving party shall have 7 days or such greater or lesser time as the court may allow to file and supply the courtroom clerk with a reply brief. Motions or briefs in excess of 10 pages in length, exclusive of tables and appendices, are discouraged.

2. through 9. [No Change].

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

Rule 251.8. Immediate Suspension

(a) [No Change].

(b) Petition for Immediate Suspension.

(1) [No Change].

(2) The Presiding Disciplinary Judge, or the Supreme Court, by any justice thereof, may order the issuance of an order to show cause directing the attorney to show cause why the attorney should not be immediately suspended, which order shall be returnable within ten calendar days. After the issuance of an order to show cause, and after the period for response has passed without a response having been filed, or after consideration of any response and reply, the Presiding Disciplinary Judge shall prepare a report setting forth findings of fact and recommendation and file the report with the Supreme Court. After receipt of the report the Supreme Court may enter an order immediately suspending the attorney from the practice of law, or dissolve the order to show cause.

(3) through (5) [No Change].

Corrective order is adopted by the Court November 5, 2007, effective immediately.

By the Court:

Nancy E. Rice, Justice
Colorado Supreme Court


Correction to Rule Change 2007(09)
Chapter 2
Pleadings and Motions

Rule 16. Case Management and Trial Management

(a) through (b)(8) [No Change].

(9) Pretrial Motions. No later than 35 days before the trial date, pretrial motions shall be filed, except for motions pursuant to C.R.C.P. 56, which must be filed no later than 85 days before the trial.

Note: No corrective order is issued; typographical errors are corrected in the rule by correcting the word "Pre Trial" to "Pretrial," correcting the word "toe" to "to" and showing the change from 75 days to 85 days.


Second Correction to Rule Change 2007(09)
Chapter 17A
Practice Standards and Local Rules

Rule 121. Local Rules—Statewide Practice Standards
Section 1–15
Determination of Motions

1. Briefs; When Required; Time for Serving and Filing—Length. Except motions during trial or where the court deems an oral motion to be appropriate, any motions involving a contested issue of law shall be supported by a recitation of legal authority incorporated into the motion except for a motion pursuant to C.R.C.P. 56. The original and one copy of all motions and briefs shall be filed with the court; a copy shall be supplied to the courtroom clerk (to be brought to the attention of the court) and a copy shall be served on all other parties. The responding party shall have 15 days or such lesser or greater time as the court may allow in which to file and supply the courtroom clerk with a responsive brief. The moving party shall have 7 calendar days or such greater or lesser time as the court may allow to file and supply the courtroom clerk with a reply brief. Motions or briefs in excess of 10 pages in length, exclusive of tables and appendices, are discouraged.

Note: No corrective order is issued; typographical error is corrected in the rule by deleting the word "calendar."


Rule Change 2007(17)
Chapter 27
Colorado Rules of Probate Procedure

Rule 3. Order of Business

For matters to be heard by the court, the order of business for the day shall be as follows:

1. Petitions and motions in probate matters, defaults, and other like ex parte matters, motions to show cause, and requests for other like rulings and orders;

2. Motions and other matters requiring supporting testimony, if they do not conflict with scheduled hearings or trials;

3. Hearings/trials requiring appearances of parties according to the calendar;

4. Non-appearance hearings according to the calendar;

5. The court shall establish a system for monitoring guardianships and conservatorships, including the filing and review of annual reports and plans and shall schedule such activities as resources permit.

Rule 5. Preparations of Proceedings

In proceedings under the Code, the Judicial Department (JDF) forms approved by the Supreme Court should be used where applicable. Any approved form produced by a word processor should, insofar as possible, substantially follow the format and content of the approved form, not include language which otherwise would be stricken, highlight in bold or capital letters or with an appropriate check mark all alternative clauses or choices which have been selected, underline all filled-in blanks, and contain a statement in a conspicuous place that the pleading conforms in substance to the current version of the approved form, citing the form’s JDF form number and effective date. In all other proceedings, pleadings which are acceptable to the court may be used. Except as otherwise provided herein and in the Code, the form and presentation of pleadings, motions, and instructions shall be governed by the Colorado Rules of Civil Procedure. All other pleadings and papers to be filed in any matter shall be prepared and fastened as may be designated by rules adopted from time to time by the court.

Rule 6. Forms of Claim

Any claim filed with the court shall be in the JDF form approved by the Supreme Court.Rule 7. Identification of Party and Attorney

All documents presented or filed shall bear the name, address, e-mail address and telephone number of the appearing party, and of the attorney, if any.

Rule 9. Verification of Documents

Except as otherwise specifically provided in the Code, rule or as identified in the applicable JDF form each document filed with the court under the Code, including applications, petitions, and demands for notice, need not be verified.

Rule 18. Foreign Personal Representatives
and Conservatives and Conservators

(a) [No Change].

(1) [No Change].

A. [No Change].

B. [No Change].

(2) Upon filing such documents and a sworn statement by the domiciliary foreign personal representative stating that no administration, or application or petition for administration, is pending in Colorado, the court shall issue its Certificate of Ancillary Filing, substantially conforming in form and content to JDF 930.

(b) Conservatorships

(1) [No Change].

A. [No Change].

B. [No Change].

C. Any bond of foreign conservator.(2) Upon filing such documents and a sworn statement by the foreign conservator stating that a conservator has not been appointed in this state and that no petition in a protective proceeding is pending in this state concerning the person for whom the foreign conservator was appointed, the court shall issue its Certificate of Ancillary Filing, substantially conforming in form and content to JDF 892.

Amended and Adopted by the Court, En Banc, November 1, 2007, effective immediately.

By the Court:

Nathan B. Coats, Justice
Colorado Supreme Court


Rule Change 2007(18)
Appendix A to Chapter 27
Colorado Probate Code Forms

(Forms in this Appendix are available from the Colorado courts website at
www.courts.state.co.us/chs/court/forms/selfhelpcenter.htm.)

ORDER

WHEREAS, the Colorado Supreme Court Committee on Uniform Probate Forms has revised the forms for use in probate matters, necessitated by Amendments to the Colorado Probate Code and by the repeal and reenactment of the Colorado Rules of Probate Procedure, effective July 1, 1981 and as revised in 2007 pursuant to recommendations of the Protective Proceedings Task Force.

WHEREAS, the Court has considered the revised forms prepared by the said Committee;

NOW, THEREFORE, IT IS ORDERED that the forms hereinafter set forth are approved in principle by this Court for the use in probate matters in the State of Colorado, subject to the following:

These forms are intended as guidelines and should be used in cases where they are applicable. The Court does not specifically approve any of the forms since they have not been tested in an adversary proceeding. They are not intended to be an exhaustive or complete set of forms for use in any particular case and additional or different forms may be required depending on the issues of fact and law presented in a particular proceeding.

Except where otherwise indicated, each form shown in this chapter should have a caption similar to the samples shown below. Each caption shall contain a document name and party designation that may vary depending on the type of form being used. See the applicable form shown below to determine the correct title and party designation for that particular form. Documents initiated by a party shall use a form of caption shown in sample caption A. Orders, Letters, and other documents issued by the court under the signature of the clerk or judge should omit the attorney section as shown in sample caption B.

An addendum should be used for identifying additional parties or attorneys when the space provided on a pre-printed or computer-generated form is not adequate.

Forms of captions are to be consistent with Rule 10, C.R.C.P.

——————————

Sample Caption A for documents initiated by a party [No Change].

——————————

Sample Caption B for documents issued by the court under the signature of the clerk or judge [No Change].

SPECIAL FORM INDEX

The following forms replace current CPC forms.

JDF 825  Verified Consent of Parent Replaces CPC 34-CP
JDF 826  Verified Consent or Nomination of Minor Replaces CPC 34-NC
JDF 844  Notice of Appointment of Emergency Guardian Replaces CPC 2-ERA
JDF 866  Order for Deposit of Funds to Restricted Account Replaces CPC 55
JDF 891  Foreign Conservator’s Sworn Statement Replaces CPC 60-C
JDF 892  Certificate of Ancillary Filing— Conservatorship Replaces CPC 61-C
JDF 912  Renunciation and/or Nomination of Personal Representative Replaces CPC 17-A
JDF 929  Domiciliary Foreign Personal Representative Sworn Replaces CPC 60
JDF 930  Certificate of Ancillary Filing—Decedent’s Estate Replaces CPC 61
JDF 940

 Information of Appointment

Replaces CPC 42

NEW FORMS

(NEW) JDF 835   Verified Petition for Termination of Guardianship— Minor

(NEW) JDF 836   Order for Termination of Guardianship—Minor

(NEW) JDF 852   Petition for Termination of Guardianship—Adult

(NEW) JDF 853   Verified Notice of Death

(NEW) JDF 854   Order for Termination of Guardianship—Adult

(NEW) JDF 855   Petition for Modification of Guardianship

(NEW) JDF 856   Order for Modification of Guardianship

(NEW) JDF 867   Acknowledgment of Deposit of Funds to Restricted Account

(NEW) JDF 868   Motion to Withdraw Funds from Restricted Account

(NEW) JDF 869   Order to Withdraw Funds from Restricted Account

Amended and Adopted by the Court, En Banc, November 1, 2007, effective immediately.

By the Court:

Nathan B. Coats, Justice
Colorado Supreme Court

© 2008 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=2008.


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