Search



Not a CBA Member? Join Now!
Find A Lawyer Directory
STRATUM
Find A Lawyer Directory

TCL > December 2009 Issue > Court Business

December 2009       Vol. 38, No. 12       Page  115
From the Courts

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). Material printed in Court Business appears as submitted by the court and has not been edited by the staff of The Colorado Lawyer.


Colorado Supreme Court Rules Committee

Rule Change 2009(19)
Chapter 29
Colorado Rules of Criminal Procedure
Rule 17. Subpoena

(e) Service. Unless service is admitted or waived, a subpoena may be served by the sheriff, by his deputy, or by any other person who is not a party and who is not less than eighteen years of age. Service of a subpoena may be made by delivering a copy thereof to the person named. Service may also be made in accordance with section 24-21-204(4), C.R.S. Service is also valid if the person named has signed a written admission or waiver of personal service. If ordered by the court, a fee for one day’s attendance and mileage allowed by law shall be tendered to the person named if the person named resides outside the county of trial.

Amended and adopted by the Court, En Banc, October 15, 2009, effective January 1, 2010.

By the Court:

Alex J. Martinez
Justice, Colorado Supreme Court


Rule Change 2009(18)
Chapter 29
Colorado Rules of Criminal Procedure
Rule 4.1. County Court Procedure—Misdemeanor and Petty Offense—
Warrant or Summons Upon Complaint

(c) Summons, Summons and Complaint.

(1) Summons. A summons issued by the county court in a prosecution for a misdemeanor or a class 1 petty offense may be served by giving a copy to the defendant personally, or by leaving a copy at the defendant’s usual place of abode with some person over the age of eighteen years residing therein, or by mailing a copy to the defendant’s last known address not less than eleven days prior to the time the defendant is required to appear by registered mail with return receipt requested or certified mail with return receipt requested. Service by mail shall be complete upon the return of the receipt signed by the defendant or signed on behalf of the defendant by one authorized to do so. Personal service shall be made by a peace officer or any disinterested party over the age of eighteen years.

Amended and adopted by the Court, En Banc, October 15, 2009, effective January 1, 2010.

By the Court:

Alex J. Martinez
Justice, Colorado Supreme Court


Rule Change 2009(17)
Chapter 29
Colorado Rules of Criminal Procedure
Rule 4. Warrant or Summons Upon Felony Complaint

(c) Execution of Service and Return

(2) Summons

(III) Manner. A summons issued pursuant to this Rule may be served in the manner as the summons in a civil action or by mailing it to the defendant’s last known address, not less than eleven days prior to the time the defendant is required to appear, by registered mail with return receipt requested or certified mail with return receipt requested. Service by mail shall be complete upon the return of the receipt signed by the defendant or signed on behalf of the defendant by one authorized by law to do so. The summons for the appearance of a corporation may be served by a peace officer in the manner provided for service of summons upon a corporation in a civil action.

Amended and adopted by the Court, En Banc, October 15, 2009, effective January 1, 2010.

By the Court:

Alex J. Martinez
Justice, Colorado Supreme Court


Rule Change 2009(16)
Chapter 29
Colorado Rules of Criminal Procedure
Rule 44. Appearance of Counsel

(e) Termination of Representation.

(1) Unless otherwise directed by the trial court or extended by an agreement between counsel and a defendant, counsel’s representation of a defendant, whether retained or appointed, shall terminate at the conclusion of trial court proceedings and after a final determination of restitution. Trial court proceedings shall conclude at the point in time:

(I) When dismissal is granted by the court and no timely appeal has been filed;

(II) When an order enters granting a deferred prosecution, deferred sentence, or probation;

(III) After a sentence to incarceration is imposed upon conviction when no motion has been timely filed pursuant to Crim.P. 35(b) or such motion so filed is ruled on; or

(IV) When a notice of appeal is filed by the defendant.

(2) At the time a deferred prosecution or deferred sentence is granted or at the time sentence is imposed upon conviction, the court shall inform the defendant when representation shall terminate.

Amended and adopted by the Court, En Banc, September 10, 2009, effective January 1, 2010.

By the Court:

Alex J. Martinez
Justice, Colorado Supreme Court


Rule Change 2009(15)
Chapter 5
Colorado Rules of County Court Civil Procedure
Rule 305.5. Electronic Filing and Serving

(a) Definitions:

(1) Document: A pleading, motion, writing or other paper filed or served under the E-System.

(2) E-Filing/Service System: The E-Filing/service system ("E-System") approved by the Colorado Supreme Court for filing and service of documents via the Internet through the Court-authorized E-System provider.

(3) Electronic Filing: Electronic filing ("E-Filing") is the transmission of documents to the clerk of the court, and from the court, via the E-System.

(4) Electronic Service: Electronic service ("E-Service") is the transmission of documents to any party in a case via the E-System. Parties who have subscribed to the E-System have agreed to receive service, other than service of a summons, via the E-System.

(5) E-System Provider: The E-Service/E-Filing system provider authorized by the Colorado Supreme Court.

(6) S/ Name: A symbol representing the signature of the person whose name follows the "S/" on the electronically or otherwise signed form of the E-Filed or E-Served document.

(b) Types of Cases Applicable: E-Filing and E-Service may be used for all cases filed in county court as the service becomes available. The availability of the E-System will be determined by the Colorado Supreme Court and announced through its website: www.courts.state.co.us/supct.htm and through published directives. E-Filing and
E-Service may be mandated pursuant to Section (o) of this Rule 305.5.

(c) To Whom Applicable:

(1) Attorneys licensed to practice law in Colorado may register to use the E-System. Any attorney so registered may enter an appearance pursuant to C.R.C.P. 121, Section 1-1, through E-Filing. Where E-Filing is mandated pursuant to Section (o) of this Rule 305.5, attorneys must register and use the E-System.

(2) Where the system and necessary equipment are in place to permit it, pro se parties and government entities and agencies may register to use the E-System.

(d) Commencement of Action–Service of Summons: Cases may be commenced under C.R.C.P. 303 through an E-Filing. Cases commenced under C.R.C.P. 303 through an E-Filing must be E-Filed to the court no later than five (5) business days before the set return date, if any. Service of a summons shall be made in accordance with C.R.C.P. 304.

(e) E-Filing, Date and Time of Filing: Documents filed in cases on the E-System may be filed under C.R.C.P. 305 through an E-Filing. A document transmitted to the E-System provider by 11:59 p.m. Colorado time shall be deemed to have been filed with the clerk of the court on that date.

(f) E-Service, When Required, Date and Time of Service: Documents submitted to the court through E-Filing shall be served under C.R.C.P. 305 by E-Service. A document transmitted to the E-System provider for service by 11:59 p.m. Colorado time shall be deemed to have been served on that date. E-Service shall entitle the party being served an additional three (3) days as provided by C.R.C.P. 306(e).

(g) Filing Party To Maintain the Signed Copy, Paper Document Not To Be Filed, Duration of Maintaining of Document: A printed or printable copy of an E-Filed or E-Served document with original or scanned signatures shall be maintained by the filing party and made available for inspection by other parties or the court upon request, but shall not be filed with the court. When these rules require a party to maintain a document, the filer is required to maintain the document for a period of two years after the final resolution of the action, including the final resolution of all appeals.

(h) Default Judgments and Original Documents:

(1) If the action is on a promissory note or where an original document is by law required to be filed, that original document shall be scanned and submitted electronically with the e-filed motion for default. The original document shall be presented to the court in order that the court may make a notation of the judgment on the face of the document.

(2) Following compliance with sub-paragraph (1) of this paragraph (h) the document may then be returned to the filing party; retained by the court for a specified period of time to be determined by the court; or destroyed by the court.

(3) When the return of service is required for entry of default, the return of service may be scanned and E-Filed. In accordance with paragraph (i) of this Rule, signatures of attorneys, parties, witnesses, notaries and notary stamps may be in S/ name typed form to satisfy signature requirements, once the necessary signatures have been obtained on a paper form of the return of service.

(i) Documents Requiring E-Filed Signatures: E-Filed and E-Served documents, signatures of attorneys, parties, witnesses, notaries and notary stamps may be in S/ name typed form to satisfy signature requirements, once the necessary signatures have been obtained on a paper form of the document. It is preferable that such documents be scanned into the system.

(j) C.R.C.P. 311 Compliance: Use of the E-System by an attorney constitutes compliance with the signature requirement of C.R.C.P. 311. An attorney using the E-System shall be subject to all other requirements of Rule 311.

(k) Documents Under Seal: A motion for leave to file documents under seal may be E-Filed. Documents to be filed under seal pursuant to an order of the court may be E-Filed at the discretion of the court; however, the filing party may object to this procedure.

(l) Transmitting of Orders, Notices, and Other Court Entries: Courts shall distribute orders, notices, and other court entries using the E-System in cases where E-Filings were received from any party.

(m) Form of E-Filed Documents: C.R.C.P. 310 shall apply to E-Filed documents. A document shall not be transmitted to the clerk of the court by any other means unless the court at any later time requests a printed copy.

(n) Section 13-1-113, C.R.S. Compliance: Use of an electronic seal by the clerk of the court or public officer for E-Filing shall be the same as impressing a seal as required by Section 13-1-113, C.R.S.

(o) E-Filing May Be Mandated: With the permission of the Chief Justice, a chief judge may mandate E-filing within a county or judicial district for specific case classes or types of cases. Where E-Filing is mandatory, the court may thereafter accept a document in paper form and the court shall scan the document and upload it to the E-Service provider. After notice to an attorney that all future documents are to be E-Filed, the court may charge a fee of $50 per document for the service of scanning and uploading a document filed in paper form. Where E-Filing and E-Service are mandatory, the Chief Judge or appropriate judicial officer may exclude pro se parties from mandatory E-Filing requirements.

(p) Relief in the Event of Technical Difficulties:

(1) Upon satisfactory proof that E-Filing or E-Service of a document was not completed because of: (1) an error in the transmission of the document to the E-System provider which was unknown to the sending party, (2) a failure of the E-System provider to process the E-Filing when received, or (3) other technical problems experienced by the filer or E-System provider, the court may enter an order permitting the document to be filed nunc pro tunc to the date it was first attempted to be sent electronically.

(2) Upon satisfactory proof that an E-Served document was not received by or unavailable to a party served, the court may enter an order extending the time for responding to that document.

(q) Form of Electronic Documents

(1) Electronic Document Format, Size, and Density: Electronic document format, size, and density shall be as specified by Chief Justice Directive # 05-02, as amended.

(2) Multiple Documents: Multiple documents (including proposed orders) may be filed in a single electronic filing transaction. Each document (including proposed orders) in that filing must bear a separate document title.

(3) Proposed Orders: Proposed orders shall be E-Filed in an editable format. Proposed orders that are E-Filed in a non-editable format shall be rejected by the Court Clerk’s office and must be resubmitted.

COMMITTEE COMMENT

The Court authorized service provider for the program is LexisNexis File & Serve (www.lexisnexis.com/fileandserve).

"Editable Format" is one which is subject to modification by the court using standard means such as Word or WordPerfect format.

C.R.C.P. 377 provides that courts are always open for business. This Rule 305.5 is intended to comport with that rule.

Adopted by the Court, En Banc, September 10, 2009, effective immediately.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court


Rule Change 2009(14)
Chapter 5
Colorado Rules of Civil Procedure
Rule 51. Instructions to Jury

The parties shall tender jury instructions pursuant to C.R.C.P. 16(g). All instructions shall be submitted to the parties, who shall make all objections thereto before they are given to the jury. Only the grounds so specified shall be considered on motion for a new trial or on appeal or certiorari. Before argument, the court shall read its instructions to the jury but shall not comment upon the evidence. Such instructions shall be taken by the jury when it retires. All instructions offered by the parties, or given by the court, shall be filed with the clerk and, with the endorsement thereon indicating the action of the court, shall be taken as part of the record of the cause.

Amended by the Court, En Banc, September 10, 2009, effective immediately.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

© 2009 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=2009.


Back