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TCL > May 2012 Issue > Court Business

May 2012       Vol. 41, No. 5       Page  105
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 2012(02)
Chapter 38
Public Access to Records and Information
Amended and Adopted

Rule 1. Public Access to Records and Information

The purpose of this rule is to provide the public with reasonable access to Judicial Branch documents and information while protecting the privacy interests of parties and persons. In addition, this rule is intended to provide direction to Judicial Branch personnel in responding to public records requests.

The Chief Justice is authorized to issue directives regarding access of the public to documents and materials made, received, or maintained by the courts. Such Directives of the Chief Justice are orders of the Supreme Court and shall govern release of records to the public. The Chief Justice on behalf of the Supreme Court is authorized, in the implementation of this rule, to appoint committees and assign custodians of records, and to designate the functions of such committees and custodians of records, as the Chief Justice may determine.

The Chief Justice has issued CJD 05-01, which is authorized pursuant to this rule without further action. Pursuant to CJD 05-01, the Chief Justice has appointed a Public Access Committee to adopt policy. The policy of that Committee is effective without further action. Because policy concerning public access to information is in development stages, as are components of the ICON system, the policy of any duly authorized committee appointed by the Chief Justice is effective when adopted. This rule is adopted by the Court on an interim basis, pending a final proposal by the Public Access Committee, public comment thereon, and further action by the court.

Custodians of records within the judicial branch are not authorized to release any records or material to the public inconsistent with this rule or the Chief Justice Directives. This rule is intended to be a rule of the Supreme Court within the meaning of the Colorado Public Records Act, including sections 24-72-204(1)(c) and 24-72-305(1)(b) (7 C.R.S.).

Amended and Adopted by the Court, en banc, February 29, 2012, effective immediately.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court


Rule Change 2012(03)
Colorado Rules of Civil Procedure
Rule 121. Local Rules—Statewide Practice Standards
Amended and Adopted

Section 1-15
Determination of Motions

Paragraphs 1 through 9 [No change]

10. Proposed Order. Each motion shall be accompanied by a proposed order submitted in editable format. The proposed order complies with this provision if it states that the requested relief be granted or denied.

Amended and Adopted by the Court, en banc, February 29, 2012, effective immediately.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

U.S. Bankruptcy Court for the District of Colorado

General Procedure Order Number 2012-2
In the Matter of Revising Local Bankruptcy Rule 9070-1(a)(3)
To Reconcile Its Application With Appellate Court Rules or Procedures

This matter is before the Court sua sponte to reconcile the provision of Local Bankruptcy Rule 9070-1(a)(3) post-hearing requirements for exhibits with applicable appellate rules or procedures. This reconciliation does not eliminate the responsibility of the parties to continue to hold, maintain and preserve the original exhibits, subject to further court order or until sixty days following the entry of a final and non-appealable order resolving the matter on appeal.

ORDERED THAT the final sentence of Local Bankruptcy Rule 9070-1(a)(3) is revised to read "In the event an appeal is filed, counsel must provide their exhibits pursuant to the appellate court’s direction to enable the Clerk to comply with the requirements of L.B.R. 8006-1."

Dated: March 8, 2012

By the Court:

Howard R. Tallman, Chief Judge
Sidney B. Brooks, Judge
A. Bruce Campbell, Judge
Elizabeth E. Brown, Judge
Michael E. Romero, Judge

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