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TCL > July 2000 Issue > Court Business

July 2000       Vol. 29, No. 7       Page  135
From the Courts
Court Business

Court Business

Colorado Supreme Court Rules Committee

[Note: Due to space limitations, the amended and adopted Rules are printed in their corrected form. Specific changes are not delineated in this printed version.]

Rule Change #2000(11)
Colorado Rules of Civil Procedure
Chapter 2. Pleadings and Motions
Rule 10. Form and Quality of Pleadings, Motions and Other Papers
Chapter 25. Colorado Rules of County Court Civil Procedure
Rule 310. Form of Summons, Pleadings and Other Documents
Chapter 26. Colorado Rules of Procedure for Small Claims Court
Rule 506. General Rules of Pleading
Amended and Adopted

CHAPTER 2. PLEADINGS AND MOTIONS
Rule 10. Form and Quality of Pleadings,
Motions and Other Documents

(a) Caption; Names of Parties. Every pleading, motion, E-filed document under C.R.C.P. 121 (1-26), or any other document filed with the court (hereinafter "document") in both civil and criminal cases shall contain a caption setting forth the name of the court, the title of the action, the case number, if known to the person signing it, the name of the document in accordance with Rule 7(a), and the other applicable information in the format specified by paragraph (d) and the caption illustrated by paragraph (e) or (f) of this rule. In the complaint initiating a lawsuit, the title of the action shall include the names of all the parties to the action. In all other documents, it is sufficient to set forth the name of the first-named party on each side of the lawsuit with an appropriate indication that there are also other parties (such as "et al."). A party whose name is not known shall be designated by any name and the words "whose true name is unknown". In an action in rem, unknown parties shall be designated as "all unknown persons who claim any interest in the subject matter of this action".

(b) Paragraphs; Separate Statements. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances. A paragraph may be referred to by its paragraph number in all succeeding documents. Each claim founded upon a separate transaction or occurrence, and each defense other than denials, shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.

(c) Incorporation by Reference; Exhibits. A statement in a document may be incorporated by reference in a different part of the same document or in another document. An exhibit to a document is a part thereof for all purposes.

(d) General Rule Regarding Paper Size, Format, and Spacing. All documents filed after the effective date of this rule, including those filed through the E-Filing System under C.R.C.P. 121 (1-26), shall meet the following criteria:

(1) Paper: Where a document is filed on paper, it shall be on plain, white, 8½ by 11 inch paper (recycled paper preferred).

(2) Format: All documents shall be legible. They shall be printed on one side of the page only (except for E-Filed documents).

(I) Margins: All documents shall use margins of 1½ inches at the top of each page, and 1 inch at the left, right, and bottom of each page. Except for the caption, a left-justified margin shall be used for all material.

(II) Font: No less than twelve (12) point font shall be used for all documents.

(III) Case Caption Information: All documents shall contain the following information arranged in the following order, as illustrated by paragraph (e) or (f) of this rule. Individual boxes should separate this case caption information; however, vertical lines are not mandatory.

On the left side:

Court name and mailing address.

Name of parties.

Name, address, and telephone number of the attorney or pro se party filing the document. Fax number and e-mail address are optional.

Attorney registration number.

Document title.

On the right side:

An area for "Court Use Only" that is at least 2½ inches in width and 1¾ inches in length (located opposite the court and party information).

Case number, division number, and courtroom number (located opposite the attorney information above).

(3) Spacing: The following spacing guidelines should be followed.

(I) Single spacing for all:

Affidavits

Complaints, Answers, and Petitions

Criminal Informations and Complaints

Interrogatories and Requests for Admissions

Motions

Notices

Pleading forms (all case types)

Probation reports

All other documents not listed in subsection (II) below

(II) Double spacing for all:

Briefs and Legal Memoranda

Depositions

Documents that are complex or technical in nature

Jury Instructions

Petitions for Rehearing

Petitions for Writ of Certiorari

Petitions pursuant to C.A.R. 21

Transcripts

(4) Signature Block: All documents which require a signature shall be signed at the end of the document. The attorney or pro se party need not repeat his or her address, telephone number, fax number, or e-mail address at the end of the document.

(e) Illustration of Preferred Caption Format:

[Designation of Court from subsection (g) below]

Court Address:


Plaintiff(s):

[Substitute appropriate
party designations & names]

Defendant(s):


Attorney or Party Without Attorney:
Name:
Address:

Phone Number
Fax Number:
E-mail:
Atty. Reg. #:

· COURT USE ONLY ·
___________________________
Case Number:
Div.: Ctrm.:


NAME OF DOCUMENT

(f) Illustration of Optional Case Caption:


[Designation of Court from subsection (g) below]

Court Address:


Plaintiff(s):

[Substitute appropriate
party designations & names]

Defendant(s):


Attorney or Party Without Attorney:
Name:
Address:

Phone Number
Fax Number:
E-mail:
Atty. Reg. #:

· COURT USE ONLY ·
___________________________
Case Number:
Div.: Ctrm.:



NAME OF DOCUMENT

(g) Court Designation Examples:

APPELLATE
SUPREME COURT, STATE OF COLORADO
COURT OF APPEALS, STATE OF COLORADO

WATER
DISTRICT COURT, WATER DIVISION _____, COLORADO

DISTRICT
DISTRICT COURT, _____ COUNTY, COLORADO

COUNTY
COUNTY COURT, _____ COUNTY, COLORADO

CITY AND COUNTY
COUNTY COURT, CITY AND COUNTY OF _____, COLORADO
PROBATE COURT, CITY AND COUNTY OF _____, COLORADO
JUVENILE COURT, CITY AND COUNTY OF _____, COLORADO
DISTRICT COURT, CITY AND COUNTY OF _____, COLORADO

(h) The form of case caption provided for in this rule replaces those forms of caption otherwise provided for in other Colorado rules of procedure, including but not limited to the Colorado Rules of County Court Procedure, the Colorado Rules of Procedure for Small Claims Courts, and the Colorado Appellate Rules. The form of case caption applies to criminal cases, as well as civil cases.

(i) State Judicial Pre-Printed or Computer-Generated Forms. Forms approved by the State Court Administrator's Office (designated "JDF" or "SCAO" on pre-printed or computer-generated forms), forms set forth in the Colorado Court Rules, volume 12, C.R.S., (including those pre-printed or computer-generated forms designated "CRCP" or "CPC" and those contained in the appendices of volume 12, C.R.S.), and forms generated by the state's judicial electronic system, "ICON," shall conform to criteria established by the State Court Administrator's Office with the approval of the Colorado Supreme Court. Such forms, whether pre-printed or computer-generated, shall employ a form of caption similar to that contained in this rule and may be double-sided, contain check-off boxes for the court designation, have at least a 9-point font, and 1 inch left margin, ½ inch right and bottom margins, and ¾ inch top margin.

COMMENT

This amendment introduces a new form of case caption to all documents that are filed in Colorado courts, including both criminal and civil cases. The purpose of the new caption is to provide a uniform and consistent format that enables practitioners, clerks, administrators, and judges to locate identifying information more efficiently. The new caption will be optional for all documents filed with Colorado courts on and after July 1, 2000, and will become mandatory on January 1, 2001. Judges are encouraged in their orders to employ a caption similar to that utilized by the parties in the case, adjusted as they deem appropriate.

The preferred case caption format is found in paragraph (e). Because some parties may have difficulty formatting their documents to include vertical lines and boxes, an alternate case caption format is found in paragraph (f). However, the box format is the preferred and recommended format.

The boxes may be vertically elongated to accommodate additional party and attorney information if necessary. The "court use" and "case number" boxes, however, shall always be located in the upper, right-side of the caption.

Forms approved by the State Court Administrator's Office (designated "JDF" or "SCAO"), forms set forth in the Colorado Court Rules, volume 12, C.R.S. (including those designated "CRCP" or "CPC" and those contained in the appendices of volume 12, C.R.S.), and forms generated by the state's judicial electronic system, "ICON," shall conform to criteria established by the State Court Administrator's Office as approved by the Colorado Supreme Court. This includes pre-printed and computer-generated forms. JDF and SCAO forms and a flexible form of caption which allows the entry of additional party and attorney information are available and can be downloaded from the Colorado courts web page at http://www.courts.state. co.us/scao/Forms.htm.

Amended and Adopted by the Court, En Banc, June 1, 2000, effective July 1, 2000. Use of the new caption and format is not mandatory until January 1, 2001, but is encouraged for immediate use.

CHAPTER 25. COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE
C.R.C.P. 310. Form of Summons, Pleadings and
Other Documents

(a) Caption; Names of Parties. The complaint and answer shall be in the form shown in Appendix to Chapter 25, C.R.C.P. with a caption that conforms with C.R.C.P. 10. The complaint in an action brought pursuant to section 13-40-110, C.R.S., shall also include a demand for possession setting forth all jurisdictional prerequisites necessary for the entry of judgment for possession. The complaint in an action brought pursuant to section 13-6-104(5) or (6), C.R.S., shall also be verified and include a demand for injunctive relief. The complaint in an action brought pursuant to section 13-6-105(1)(f), C.R.S., shall also be verified and include a demand for injunctive relief, and a copy of the covenant shall be attached as an exhibit. Affidavits, written orders and all other documents authorized to be filed shall contain the form of caption as specified in C.R.C.P. 10. In all cases the case or docket number shall appear on the document if known.

(b) [NO CHANGE]

(c) Form of Summons. The summons shall be in the form and content prescribed by the Appendix to Chapter 25, Forms 1, 1A (for actions pursuant to section 13-40-110, C.R.S.) or 1B (for actions brought pursuant to section 13-6-105(1)(f), C.R.S.) with a caption that conforms with C.R.C.P. 10. The summons shall contain the name, address, telephone number, and registration number of the plaintiff's attorney, if any, and if not, the full name, address and daytime telephone number of the plaintiff.

Amended and Adopted by the Court, En Banc, June 1, 2000, effective July 1, 2000. Use of the new caption and format is not mandatory until January 1, 2001, but is encouraged for immediate use.

CHAPTER 26. COLORADO RULES OF PROCEDURE FOR SMALL CLAIMS COURT
C.R.C.P. 506. General Rules of Pleading

(a) Claims for Relief and Responses. Except as provided in subsection (b), claims and responses, with or without a counterclaim, in the small claims court shall be filed in the manner and form prescribed by Form JDF-250 appended to these rules with a caption that conforms with C.R.C.P. 10, and shall be signed by the party under penalty of perjury. Claims and responses, with or without a counterclaim, for an action to enforce restrictive covenants on residential property shall be filed pursuant to Form JDF-257 and shall be signed by the party under penalty of perjury.

(b) [NO CHANGE]

Amended and Adopted by the Court, En Banc, June 1, 2000, effective July 1, 2000. Use of the new caption and format is not mandatory until January 1, 2001, but is encouraged for immediate use.


Rule Change #2000(12)

Colorado Appellate Rules
Rule 3. Appeal as of Right – How Taken
Rule 3.1. Appeals from Industrial Claim Appeals Office
Rule 32. Form of Briefs and Appellate Papers
Amended and Adopted

C.A.R. 3. Appeal as of Right — How Taken

(a) [NO CHANGE]

(b) [NO CHANGE]

(c) [NO CHANGE]

(d) Contents of the Notice of Appeal in Civil Cases (Other Than District Court Review of Agency Actions and Appeals From State Agencies). The notice of appeal shall set forth:

(1) A caption that complies in form with C.A.R. 32. In the caption:

(A) The case title in compliance with C.A.R. 12(a);

(B) The trial court from which the appeal is taken;

(C) The trial court judge;

(D) The party or parties initiating the appeal; and

(E) The trial court case number;

(2)-(8) [NO CHANGE]

(e) Contents of Notice of Appeal from State Agencies (Other Than the Industrial Claims Office) Directly to the Court of Appeals. The Notice of Appeal Shall Set Forth:

(1) A caption that complies in form with C.A.R. 32. In the caption:

(A) The case title in compliance with C.A.R. 12(a);

(B) The agency from which the appeal is taken;

(C) The party or parties initiating the appeal; and

(D) The agency case number.

(2)–(7) [NO CHANGE]

(f) Contents of Notice of Appeal from District Court Review of Agency Actions. The notice of appeal shall set forth:

(1) A caption that complies in form with C.A.R. 32. In the caption:

(A) The case title in compliance with C.A.R. 12(a);

(B) The district court from which this appeal is taken;

(C) The district court judge;

(D) The agency from which the judicial review is sought;

(E) The party or parties initiating the appeal;

(F) The district court case number; and

(G) The agency case number.

(2)–(7) [NO CHANGE]

(g) Contents of the Notice of Appeal in Criminal Cases. The Notice of Appeal Shall Set Forth:

(1) A caption that complies in form with C.A.R. 32. In the caption:

(A) The case title in compliance with C.A.R. 12(a);

(B) The district court from which the appeal is taken;

(C) The party or parties initiating the appeal;

(D) The trial court case number; and

(E) The trial court judge.

(2)-(8) [NO CHANGE]

Amended and Adopted by the Court, En Banc, June 1, 2000, effective July 1, 2000. Use of the new caption and format is not mandatory until January 1, 2001, but is encouraged for immediate use.

C.A.R. 3.1 Appeals from Industrial Claim Appeals Office

(a) [NO CHANGE]

(b) [NO CHANGE]

(c) [NO CHANGE]

(d) Contents of Notice of Appeal from the Industrial Claim Appeals Office Directly to the Court of Appeals. The notice of appeal shall set forth:

(1) A caption that complies in form with C.A.R. 32. In the caption:

(A) The case title in compliance with C.A.R. 12(a);

(B) The party or parties initiating the appeal;

(C) All others who have appeared as parties to the action before the agency; and

(D) The agency case number.

(2)-(6) [NO CHANGE]

Amended and Adopted by the Court, En Banc, June 1, 2000, effective July 1, 2000. Use of the new caption and format is not mandatory until January 1, 2001, but is encouraged for immediate use.

C.A.R. 32. Form of Briefs and Appellate Documents

(a) [NO CHANGE]

(b) [NO CHANGE]

(c) Basic Document Information. Each brief or other appellate document shall contain basic document information on the first page of the document. The information in the case caption shall be arranged in the following order and shall be in the form illustrated in subsection (1) or (2) below:

On the left side:

Court name and mailing address.

Name of lower court(s), lower court judge(s), and case number(s).

Names of parties.

Name, address, and telephone number of attorney or pro se party filing the document. Fax number and e-mail address are optional.

Attorney registration number.

Document title.

On the right side:

An area for "Court Use Only" that is at least 2½ inches in width and 1¾ inches in length (located opposite the court information).

Case number.

(1) Illustration of Preferred Caption Format:

[Designation of Court]

Court Address:


[Name of Lower Courts(s), Lower Court Judge(s), and Case Number(s)]

Petitioner(s):

[Substitute appropriate
party designations & names]

Respondent(s):


Attorney or Party Without Attorney:
Name:
Address:

Phone Number
Fax Number:
E-mail:
Atty. Reg. #:

· COURT USE ONLY ·
___________________________
Case Number:
NAME OF DOCUMENT

(2) Illustration of Optional Case Caption:


[Designation of Court]

Court Address:


[Name of Lower Courts(s), Lower Court Judge(s), and Case Number(s)]

Petitioner(s):

[Substitute appropriate
party designations & names]

Respondent(s):


Attorney or Party Without Attorney:
Name:
Address:

Phone Number
Fax Number:
E-mail:
Atty. Reg. #:

· COURT USE ONLY ·
___________________________
Case Number:

NAME OF DOCUMENT

(d) [***NO CHANGE]

COMMENT

This amendment conforms the appellate practice to the new form of case caption provided in C.R.C.P. 10 for all documents that are filed in Colorado courts, including both criminal and civil cases. The purpose of the new caption is to provide a uniform and consistent format that enables practitioners, clerks, administrators, and judges to locate identifying information more efficiently. The new caption will be optional as of July 1, 2000, and will become mandatory as of January 1, 2001.

The preferred case caption format is found in subsection (c)(1). Because some parties may have difficulty formatting their documents to include vertical lines and boxes, an alternate case caption format is found in subsection (c)(2). However, the box format is the preferred and recommended format.

The boxes may be vertically elongated to accommodate additional party and attorney information if necessary. The "court use" and "case number" boxes, however, shall always be located in the upper, right-side of the caption.

Forms approved by the State Court Administrator's Office (designated "JDF" or "SCAO" on pre-printed or computer-generated forms), forms set forth in the Colorado Court Rules, volume 12, C.R.S. (including those pre-printed or computer-generated forms designated "CRCP" or "CPC" and those contained in the appendices of volume 12, C.R.S.), and forms generated by the state's judicial electronic system, "ICON," shall conform to criteria established by the State Court Administrator's Office with the approval of the Colorado Supreme Court. This includes pre-printed and computer-generated forms. JDF and SCAO forms and a flexible form of caption which allows the entry of additional party and attorney information are available and can be downloaded from the Colorado courts web page at http://www.courts.state.co.us/scao/Forms.htm.

Amended and Adopted by the Court, En Banc, June 1, 2000, effective July 1, 2000. Use of the new caption and format is not mandatory until January 1, 2001, but is encouraged for immediate use.

By the Court:

Gregory J. Hobbs, Jr.
Justice, Colorado Supreme Court


Rule Change #2000(13)

Chapter 35
Colorado Rules for Magistrates
Rule 5. General Provisions – Applicable to All Magistrates
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 251.1. Discipline and Disability: Policy-Jurisdiction
Amended and Adopted

CHAPTER 35. COLORADO RULES FOR MAGISTRATES

Rule 5. General Provisions – Applicable to All Magistrates

(a) – (f) [NO CHANGE]

(g) All magistrates in the performance of their duties shall conduct themselves in accord with the provisions of the Colorado Code of Judicial Conduct. Any complaint alleging that a magistrate, who is an attorney, has violated the provisions of the Colorado Code of Judicial Conduct may be filed with the Office of Attorney Regulation Counsel for proceedings pursuant to C.R.C.P. 251.1, et. seq. Such proceedings shall be conducted to determine whether any violation of the Code of Judicial Conduct has occurred and what discipline, if any, is appropriate. These proceedings shall in no way affect the supervision of the Chief Judge over magistrates as provided in C.R.M. 1.

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 251.1. Discipline and Disability: Policy-Jurisdiction

(a) [NO CHANGE

(b) Jurisdiction. Every attorney licensed to practice law in the State of Colorado is subject to the disciplinary and disability jurisdiction of the Supreme Court in all matters relating to the practice of law. Every attorney specially admitted to practice law in this state pursuant to C.R.C.P. 221 or C.R.C.P. 221.1 is subject to the disciplinary and disability jurisdiction of the Supreme Court for conduct related to that proceeding. Every attorney serving as a magistrate pursuant to the Colorado Rules for Magistrates, Chapter 35, vol. 12, C.R.S., is subject to the disciplinary and disability jurisdiction of the Supreme Court for conduct performed as a magistrate as provided by C.R.M. 5(g).

(c) – (d) [NO CHANGE]

Amended and Adopted by the Court, En Banc, June 1, 2000, effective July 1, 2000.

By the Court:

Gregory J. Hobbs, Jr.
Justice, Colorado Supreme Court

© 2000 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=2000.


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