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TCL > June 2010 Issue > Court Business

The Colorado Lawyer
June 2010
Vol. 39, No. 6 [Page  109]

© 2010 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

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 Civil Rules Committee

Notice of Public Hearing and Request for Comments
Colorado Rules of Civil Procedure 16 and 47
Deadline for Comments: Friday, July 9, 2010, 5:00 p.m.

The Colorado Supreme Court requests written public comments on proposed amendments to Colorado Rules of Civil Procedure 16(f)(3)(VII) and 47(a)(3). Interested persons should submit one original and eight copies of the written comments to Susan J. Festag, Clerk of the Supreme Court, 101 W. Colfax Ave., 8th Floor, Denver, Colorado 80202, no later than 5:00 p.m. on Friday, July 9, 2010. The Clerk will post written comments, as they are received, on the Colorado Supreme Court’s website.

The proposed amendments to C.R.C.P. 16(f)(3)(VII) and 47(a)(3) are set forth below in a clean, non-redlined version. It also is available on the court’s website at   www.courts.state.co.us/Courts/Supreme_  Court/Rule_Changes.cfm. The Supreme Court Civil Rules Committee drafted the proposed amendments based on recommendations received from litigation attorneys, trial lawyer organizations, and judges.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

___________________________________________________

Proposed Rule Change
Chapter 2. Colorado Rules of Civil Procedure; Pleadings and Motions

Rule 16. Case Management and Trial Management.

(a)–(e) [No change]

(f) Trial Management Order. No later than 30 days before the trial date, the responsible attorney shall file a proposed Trial Management order with the court. Prior to trial, a Trial Management Order shall be entered by the Court.

(1) [No change]

(2) [No change]

(3) Form of Trial Management Order. The proposed Trial Management Order shall contain the following matters under the following captions and in the following order:

(I)–(VI) [No change]

(VII) TRIAL EFFICIENCIES AND OTHER MATTERS. If the anticipated length of the trial has changed, the parties shall so indicate. The parties shall also include any other matters which are appropriate under the circumstances of the case or directed by the court to be included in the proposed Trial Management Order. The parties shall confirm that they have considered ways in which the use of technology can simplify the case and make it more understandable. In all cases where a jury trial will be held, the parties shall confer regarding the amount of time requested for juror examination and provide their positions along with their reasons therefor.

(4) [No change]

(5) [No change]

(g) [No change]

____________________

Rule 47. Jurors.

(a) Orientation and Examination of Jurors. An orientation and examination shall be conducted to inform prospective jurors about their duties and service and to obtain information about prospective jurors to facilitate an intelligent exercise of challenges for cause and peremptory challenges.

(1) [No change]

(2) [No change]

(3) The judge shall ask prospective jurors questions concerning their qualifications to serve as jurors. The parties or their counsel shall be permitted to ask the prospective jurors additional questions. In the discretion of the judge, juror questionnaires, posterboards and other methods may be used. The judge may limit the time available to the parties or their counsel for juror examination based on the needs of the case. Any party may request additional time for juror examination in the Trial Management Order, at the commencement of the trial, or during juror examination based on developments during such examination. Any such request shall include the reasons for needing additional juror examination time. Denial of a request for additional time shall be based on a specific finding of good cause reflecting the nature of the particular case and other factors that the judge determines are relevant to the particular case and are appropriate to properly effectuate the purposes of juror examination set forth in section (a) of this Rule. The court may limit or terminate repetitious, irrelevant, unreasonably lengthy, abusive, or otherwise improper examination.

(4) [No change]

(5) [No change]

(b)–(u) [No change]


Rule Change 2010(03)
Chapter 32. Colorado Appellate Rules

Rule 5. Entry of Appearance and Withdrawal.

(a) [No change]

(b) Withdrawal. An attorney may withdraw from a case only upon order of court. Such approval shall rest in the sound discretion of the court, and shall not be granted until the attorney seeking to withdraw has made reasonable efforts to give actual notice to the client:

(1) That the attorney wishes to withdraw;

(2) That the court retains jurisdiction;

(3) That the client has the burden of keeping the court informed where notices, pleadings or other papers may be served;

(4) That the client has the obligation to prepare for all appellate proceedings, or secure other counsel to so prepare;

(5) That if the client fails or refuses to meet these burdens, the court may impose appropriate sanctions;

(6) Of the dates of any proceedings and that the holding of such proceedings will not be affected by the withdrawal of counsel;

(7) If the client is not a natural person, that it must be represented by counsel in any appellate proceeding unless it is a closely held entity and first complies with section 13-1-127, C.R.S.;

(8) That process may be served upon the client at his last known address; and

(9) Of the client’s right to object within 15 days of the date of the notice.

(c)–d) [No change]

Amended by the Court, En Banc, April 5, 2010, effective immediately.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

___________________________________________________

Rule Change 2010(04)
Chapter 32. Colorado Appellate Rules

Rule 3.3. Appeals of Grant or Denial of Class Certification.

An appeal from an order granting or denying class certification under C.R.C.P. 23(f) may be allowed pursuant to the procedures set forth in that rule and C.R.S. § 13-20-901.

Amended by the Court, En Banc, April 5, 2010, effective immediately.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

 

___________________________________________________

Rule Change 2010(05)
Chapter 32. Colorado Appellate Rules

Rule 35. Determination of Appeal.

(a)–(d) [No change]

(e) Disposition of Cause. In all cases on appeal the appellate court may enter final judgment and may issue execution thereon, or may remand the cause to the trial court in order that execution may there be issued or that other proceedings may be had therein. Any judgment may be affirmed without written opinion, but on reversal the court shall give its reasons for such action, except in cases where it renders judgment or directs what judgment shall be entered in the trial court. When the Supreme Court acting en banc is equally divided in an opinion, the judgment appealed from shall stand affirmed. The appellate court shall disregard any error or defect not affecting the substantial rights of the parties.

(f) [No change]

Amended by the Court, En Banc, April 5, 2010, effective immediately.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

___________________________________________________

Rule Change 2010(06)
Chapter 25. Colorado Rules of County Court Civil Procedure

Rule 307. Pleadings and Motions.

(a) [No change]

(b) Motions. REPEALED

(c)–(d) [No change]

Rule 354. Judgments; Costs.

(a)–(g) [No change]

(h) Revival of Judgments. A judgment may be revived against any one or more judgment debtors whether they are jointly or severally liable under the judgment. To revive a judgment a motion shall be filed alleging the date of the judgment and the amount thereof that remains unsatisfied. Thereupon the clerk shall issue a notice requiring the judgment debtor to show cause within ten days after service thereof why the judgment should not be revived. The notice shall be served on the judgment debtor in conformity with Rule 304. If the judgment debtor answer, any issue so presented may be tried and determined by the court. A revived judgment must be entered within twenty years after the entry of the judgment which it revives, and may be enforced and made a lien in the same manner and for like period as an original judgment. A judgment entered on or after July 1, 1981 must be revived within six years after the entry of the judgment which it revives, and may be enforced and made a lien in the same manner and for like period as an original judgment. If a judgment is revived before the expiration of any lien created by the original judgment, the filing of the transcript of the entry of revivor in the register of actions with the clerk and recorder of the appropriate county before the expiration of such lien shall continue that lien for the same period from the entry of the revived judgment as is provided for original judgments. Revived judgments may themselves be revived in the manner herein provided.

Amended by the Court, En Banc, April 5, 2010, effective immediately.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court


Rule Change 2010(07)
Chapter 2. Colorado Rules of Civil Procedure; Pleadings and Motions

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

(a)–(h) [No change]

(i) State Judicial Pre-Printed or Computer-Generated Forms. Forms approved by the State Court Administrator’s Office (designated II JDF II or "SCAO" on pre-printed or computer-generated forms), forms set forth in the Colorado Court Rules, volume 12, C.R.S., (including those preprinted or computer-generated forms designated II CRCP II or "CPC" and those contained in the appendices of volume 12, C.R.S.), and forms generated by the state’s judicial electronic system, II ICON, II shall conform to criteria established by the State Court Administrator’s Office with the approval of the Colorado Supreme Court. Such forms, whether preprinted or computer-generated, shall employ a form of caption similar to those contained in this rule, 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 at least 1 inch top margin, except that for forms designated "JDF" or "SCAO" the requirement of at least 1 inch for the top margin shall apply to forms created or revised on and after April 5, 2010.

Amended by the Court, En Banc, April 5, 2010, effective immediately.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

© 2010 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=2010.


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