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TCL > April 2013 Issue > Court Business

The Colorado Lawyer
April 2013
Vol. 42, No. 4 [Page  95]

© 2013 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 Rules Committee

Rule Change 2013(01)
Colorado Rules of Civil Procedure
Rule 16.2. Court Facilitated Management of Domestic Relations
Cases and General Provisions Governing Duty of Disclosure
Rule 313. Counterclaim and Cross Claim
Amended and Adopted

Rule 16.2. Court Facilitated Management of Domestic Relations
Cases and General Provisions Governing Duty of Disclosure

(a) through (f) [No Change]

(g)(1) through (4) [No Change]

(5) Unless otherwise ordered by the court, expert reports shall be provided to the parties 56 days (8 weeks) prior to hearing. Rebuttal reports shall be provided 21 days thereafter. If an initial report is served early, the rebuttal report shall not be required sooner than 35 days (5 weeks) before the hearing.

(g)(6) through (j) [No Change]

_____________________________

Rule 313. Counterclaim and Cross Claim

(a) [No Change]

(b) Alternate. If at the time the action is commenced the defendant possesses a counterclaim against the plaintiff that is not within the jurisdiction of the county court, exclusive of interest and costs, the defendant may:

(1) [No Change]

(2) File the counterclaim together with the answer in the pending county court action and request in the answer that the action be transferred to the district court. Upon filing the answer and counterclaim, the defendant shall tender the district court filing fee for a complaint. Upon compliance by the defendant with the requirements of this section, all county court proceedings shall be discontinued and the clerk of the county court shall certify all records in the case and forward the docket fee to the district court. In the event the counterclaim which caused the removal is subsequently dismissed, the case may be remanded to the county court for further proceedings.

(c) through (g) [No Change]

Amended and Adopted by the Court, en banc, February 8, 2013, effective immediately.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court


U.S. Bankruptcy Court for the District of Colorado

In the Matter of Adoption of Revisions to Certain
Local Bankruptcy Rules and Forms
General Procedure Order Number 2013-1
Effective February 1, 2013

Pursuant to 28 U.S.C. § 2071, Rule 83 of the Federal Rules of Civil Procedure,and Rule 9029 of the Federal Rules of Bankruptcy Procedure,this General Procedure Order is adopted to make revisions to certain Local Bankruptcy Rules (L.B.R.) and Local Bankruptcy Forms (L.B.Forms), and add to the L.B.R., pending their formal adoption. The following are the L.B.Rs. and L.B. Forms that are modified with the attached exhibit*setting forth the detail of the revisions:

L.B.R. 1007-4 Financial Disclosure by Corporate Debtor
L.B.R. 1007-7 (NEW) Chapter 11 Receivers
L.B.Form. 1007-7.1 (NEW) Disclosures Regarding Receivers
L.B.R. 1015-1 Joint Administration
L.B.R. 2004-1 Examinations
L.B.R. 2081-1 Chapter 11 Initial Motions
L.B.R. 2081-2 Chapter 11 Certain Notices
L.B.R. 4001-3 Cash Collateral and Post-Petition Financing

ORDERED that commencing February 1, 2013, the afore-referenced revisions to the L.B.R.s and L.B.Forms described in the attached document* are adopted for use. [*Recent Announcements and Court Updates, including forms, and exhibits are available at www.cob.uscourts.gov.]

Dated January 16, 2013.

By the Court:

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

___________________________

In the Matter of Adoption of Revisions to Certain
Local Bankruptcy Rules and Forms
General Procedure Order Number 2012-6
Effective February 1, 2013

Pursuant to 28 U.S.C. § 071, Rule 83 of the Federal Rules of Civil Procedure and Rule 9029 of the Federal Rules of Bankruptcy Procedure, this General Procedure Order is adopted to make revisions to the Local Bankruptcy Form Chapter 13 Plan Form 3015-1.1 pending its formal adoption. The revision is made to allow the plan to be printed two pages to a side of paper, front and back for mailing purposes. The new form plan is available for review at cob.uscourts.gov and the attached exhibit* sets forth more detail of the revisions. [*exhibit is available at www.cob.uscourts.gov/formsdom/Chapter%2013%20plan%20-%20final%20-%20highlighted.pdf.]

IT IS ORDERED that commencing February 1, 2013, the revisions to L.B. Form 3015-1.1 are adopted for use.

Dated December 21, 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

© 2013 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=2013.


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