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TCL > November 2013 Issue > Court Business

The Colorado Lawyer
November 2013
Vol. 42, No. 11 [Page  149]

© 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(10)
Colorado Municipal Court Rules of Procedure
Amended and Adopted

Rule 210. Arraignment

(a) In Court. [No change]

(b) At Office of Court Clerk or Violations Bureau.

(1) Through (3) [No change]

(4) Any court subject to these rules may by order, which may from time to time be amended, supplemented, or repealed, designate the violations, the penalties for which may be paid at the office of the court clerk or violations bureau. In no event shall the order of reference, or any amendment or supplement thereto, designate for processing any of the following traffic violations:

(I) Offenses resulting in an accident causing personal injury, death, or appreciable damage to the property of another;

(II) Reckless driving;

(III) Exceeding the speed limit by more than twenty-four miles per hour;

(IV) Exhibition of speed or speed contest.

(5) Schedule of Fines. [No change]

Amended and Adopted by the Court, en banc, September 5, 2013, effective immediately.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

__________________________________________

Rule Change 2013(11)
Colorado Municipal Court Rules of Procedure
Amended and Adopted

Rule 232. Sentence and Judgment

(a) through (e) [No change]

(f) Compliance with the Compact for the Supervision of Adult Offenders. Any sentence imposed shall comply with the Compact for the Supervision of Adult Offenders, found at CRS §§ 24-60-2801 et seq., as may be amended in the future.

Amended and Adopted by the Court, en banc, September 5, 2013, effective October 1, 2013.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

__________________________________________

Rule Change 2013(12)
Colorado Rules of Civil Procedure
Rule 4. Process
Rule 15. Amended and Supplemental Pleadings
Amended and Adopted

Rule 4. Process

(a) through (k) [No change]

(l) No Colorado Rule.

(m) Time Limit for Service. If a defendant is not served within 63 days (nine weeks) after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—shall dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court shall extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country under rule 4(d).

Rule 15. Amended and Supplemental Pleadings

(a) and (b) [No change]

(c) Relation Back of Amendments. Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the party against whom a claim is asserted relates back if the foregoing provision is satisfied and, within the period provided by Rule 4(m) for serving the summons and complaint, the party to be brought in by amendment: (1) Has received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits, and (2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him.

(d) [No change]

Amended and Adopted by the Court, en banc, September 5, 2013, effective immediately.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

© 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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