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TCL > February 2014 Issue > Court Business

The Colorado Lawyer
February 2014
Vol. 43, No. 2 [Page  93]

© 2014 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

Notice of Public Hearing and Request for Comments
Regarding Proposed Rule Changes to
CRCP 54(d) and CRCP 121, § 1-22
Hearing date and time: April 29, 2014, 1:30 p.m.
Deadline for Comments: April 15, 2014, 5:00 p.m.

The Colorado Supreme Court will conduct a hearing on a proposed rule changes to CRCP 54(d) and CRCP 121, § 1-22. The hearing will occur on Tuesday, April 29, 2014, at 1:30 p.m. in the Colorado Supreme Court Courtroom, 2 E. 14th Ave., 4th fl., Denver, CO 80203.

The Court also requests written public comments by any interested person on the proposed rule changes. Written comments should be submitted to Christopher Ryan, Clerk of the Supreme Court, 2 E. 14th Ave., Denver, CO 80203, no later than 5:00 p.m. on Tuesday, April 15, 2014. Persons wishing to participate at the hearing should notify the Clerk no later than Tuesday, April 22, 2014. The Clerk will post written comments on the Colorado Supreme Court’s website, www.courts.state.co.us/Courts/Supreme_Court/Rule_changes.cfm.

By the Court:

Allison H. Eid
Justice, Colorado Supreme Court

Note: Printed below are the clean versions of the proposed new comment and proposed new Rule. They also can be found on the Court’s website at www.courts.state.co.us/Courts/Supreme_Court/Rule_Changes.cfm.

_____________________________________

CHAPTER 6. JUDGMENT
Rule 54. Judgments; Costs

(a) through (c) [No change]

(d)(1) Costs. Except when express provision therefor is made either in a statute of this state or in these rules, reasonable costs shall be allowed to the prevailing party unless the court otherwise directs; but costs against the state of Colorado, its officers or agencies, shall be imposed only to the extent permitted by law.

(2) Costs Allowed. "Costs" shall be limited to the following:

(A) Any docket fee or any other fee or tax required by statute to be paid to the clerk of the court;

(B) The jury fees and expenses provided for by statute;

(C) Any fees required to be paid to sheriffs pursuant to statute;

(D) Any fee of the court reporter for all or any part of a prior trial transcript necessarily obtained for use in this case;

(E) The witness fees, including reasonable subsistence payments and mileage at the rate authorized by statute;

(F) Fees for witnesses allowed to testify at trial only to an opinion founded on scientific, technical, or other specialized knowledge in any branch of science or to make scientific or professional examinations and state the result thereof, limited to reasonable compensation, to be fixed by the court, for the time spent testifying at trial and the degree of learning or skill required;

(G) Any reasonable fees for exemplification and copies of papers necessarily obtained for use in the case;

(H) Any reasonable costs of taking depositions for the perpetuation of testimony, limited to transcript costs, reporters’ fees, witness fees, expert witness fees, mileage for witnesses, and sheriff fees for service of subpoenas when the depositions are admitted in evidence in lieu of the deponents’ live testimony;

(I) Any reasonable attorney fees, when authorized by statute, court rule or contract;

(J) Any fees for service of process or fees for any required publications;

(K) Any other item specifically authorized by statute to be included as part of the costs to the extent reasonable.

(e) through (h) [No change]

_____________________________________

Chapter 17A
Practice Standards and Local Court Rules
Rule 121. Local Rules—Statewide Practice Standards.
Section 1-22. Costs and Attorney Fees

1. COSTS. A party claiming costs shall file a Bill of Costs within 21 days of the entry of order or judgment, or within such greater time as the court may allow. The Bill of Costs shall itemize and total costs being claimed. Taxing and determination of costs shall be in accordance with C.R.C.P. 54(d) and Practice Standard § 1-15, except that, upon the timely request of any party potentially liable for costs, identifying the issues to be addressed at the hearing, the court shall conduct a hearing before taxing costs.


U.S. Bankruptcy Court for the District of Colorado

In the Matter of Substituting a Revised Version of the
Reaffirmation Cover Sheet for Local Bankruptcy Form 4008-1.1
General Procedure Order 2013-3
Effective December 1, 2013

This matter arises sua sponte to substitute a revised version of the Reaffirmation Cover Sheet for Local Bankruptcy Form 4008-1.1. Effective December 1, 2013, a new national version of the Reaffirmation Cover Sheet, Official Form 27, will be effective and was modified to address changes to other national Official Forms. The Bankruptcy Court finds that the new Official Form 27 should be used in the Bankruptcy Court for the District of Colorado with a further modification to incorporate information requested in Local Bankruptcy Form 4008-1.1. Accordingly, it is

ORDERED THAT the form available at www.cob.uscourts.gov/formsdom/B_27_fillable.pdf shall be substituted for the Reaffirmation Cover Sheet Local Bankruptcy Form 4008-1.1 for all reaffirmation agreements filed on and after December 1, 2013.

Dated: December 2, 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

_____________________________________

Administrative Order of the Chief Judge 2013-6
In the Matter of Adopting
Amended Local Bankruptcy Rules, Forms, and Appendices

Upon the recommendations of the Standing Local Rules Revision Committee and Clerk’s Office, and after consideration by the Bankruptcy Court Judges, amendments to certain Local Bankruptcy Rules, Local Bankruptcy Forms and Appendices were circulated to members of the bar and judiciary in this District and published on the court’s website for comment. Primarily, the amendments incorporated modifications initially tested over months or years through General Procedure Orders, along with additional changes made to provide clarifications in function or procedures. Following the public comment period and review of any comments submitted, the Court has determined that the amendments shall be adopted. Accordingly, it is

ORDERED that, effective January 1, 2014, the Amended Local Bankruptcy Rules, Local Bankruptcy Forms and Appendices [found at www.cob.uscourts.gov], are adopted in their entirety and shall remain in effect pending further order of the Court.

Dated: December 19, 2013.

By the Court:

Howard R. Tallman, Chief Judge

© 2014 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=2014.


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