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TCL > May 2000 Issue > Court Business

The Colorado Lawyer
May 2000
Vol. 29, No. 5 [Page  105]

© 2000 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

Court Business

Colorado Supreme Court Rules Committee

Rule Change #2000 (4)
Colorado Rules of Probate Procedure
Appendix A to Chapter 27. Colorado Probate Forms
Form 58. Petition to Re-Open Estate

Form 59. Order Re-Opening Estate

The Supreme Court of Colorado hereby approves CPC Forms 58 and 59, entitled "Petition to Re-Open Estate Pursuant to 15-12-1008, C.R.S." and "Order Re-Opening Estate Pursuant to 15-12-1008, C.R.S." These forms are available at the Clerk’s Office of the Colorado Supreme Court, 2 E. 14th Ave., Denver; (303) 861-1111. The forms also are available on the Court’s web page at www.courts.state.co.us.

Adopted by the Court, En Banc, February 3, 2000, effective immediately.

By the Court:

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



 


Rule Change #2000 (5)
Colorado Rules of Civil Procedure
Chapter 17A. Practice Standards and Local Court Rules
Rule 121. Local Rules—Statewide Practice Standards

District Court Practice Standards

Section 1-26. Interim Rule for Electronic Filing and Service System, Pilot Project.

1. E-Filing System, defined. That system approved by the Colorado Supreme Court for filing and service of pleadings, motions and other papers ("Documents") via the Internet through the Court-authorized service provider.

2. Electronic Filing, defined. Electronic filing ("E-Filing") is the transmission of Documents to the Clerk of the Court, and from the Court, via the E-Filing System.

3. Electronic Service, defined. Electronic service ("E-Service") is the transmission of Documents to any party in a case via the E-Filing System. Parties who have subscribed to the E-Filing System have agreed to receive service, other than service of a summons, via the E-Filing System.

4. E-Filing and E-Service are authorized on a pilot program basis for certain cases filed in specified district courts in Colorado, as set forth in a schedule by the State Court Administrator’s Office, as revised from time to time.

5. Only attorneys licensed to practice law in Colorado may register to use the E-Filing System in the pilot program. Any attorney so registered may make an entry of appearance pursuant to Rule 121, Section 1-1, through E-Filing.

6. Cases initiated under the pilot program may be commenced under C.R.C.P. 3 through an E-Filing. Service of a summons must be made in accordance with C.R.C.P. 4.

7. Documents for cases under the pilot program may be filed under C.R.C.P. 5 through an E-Filing. A Document transmitted to the E-Filing provider by 11:59 p.m. Colorado time shall be deemed to have been filed with the Clerk of the Court on that date.

8. Documents for cases under the pilot program may be served under C.R.C.P. 5 through E-Service or through a combination of E-Service and other authorized means of service. A Document transmitted to the E-Filing provider for service by 11:59 p.m. Colorado time shall be deemed to have been served on that date.

9. A printed copy of an E-Filed or E-Served Document with original signatures shall be maintained by the filing party and made available for inspection by other parties or the court upon request.

10. A motion for leave to file Documents under seal may be E-Filed. Documents to be filed under seal pursuant to an order of the court shall not be E-Filed.

11. Use of the E-Filing system by an attorney shall constitute compliance with C.R.C.P. 11’s signature requirement and the attorney using the E-Filing system shall be subject to all other requirements of Rule 11.

12. A court may transmit orders, notices, and other court entries via the E-Filing System to attorneys registered to use the E-Filing System.

13. C.R.C.P. 10 shall apply to E-Filed Documents. An E-Filed Document shall not be transmitted to the Clerk of the Court by any other means unless the Court at any later time requests a printed copy bearing original signatures.

14. For purposes of C.R.C.P. 6(e), E-Filing and/or E-Service do not constitute service by mail.

COMMITTEE COMMENT

The Court authorized service provider for the pilot program is JusticeLink, Inc, 535 16th Street, Suite 320, Denver, CO 80202, phone: 720-904-3340 (www.justicelink.com).

At present, the system is not set up to allow E-Filing or
E-Service by pro se litigants or attorneys not licensed to practice law in Colorado. The Supreme Court contemplates that E-Filing and E-Service participants may be expanded in the future.

The Colorado Supreme Court contemplates approving E-Filing and E-Service for civil and domestic cases in all district courts and for probate and water courts, to be phased in according to a timetable set by the Court. In the future, E-Filing and E-Service may be approved for other courts. Announcements regarding the E-Filing system will be made by the Colorado Supreme Court through its web site, http://www.courts. state.co.us/supct/supct.htm, and through published directives to the clerks of the affected court systems.

C.R.C.P. 77 states that courts are always open for business. This Practice Standard is intended to comport with this rule.

Adopted by the Court, En Banc, Justice Bender not participating, March 7, 2000, effective immediately.

By the Court:

Alex J. Martinez
Justice, Colorado Supreme Court



 


Rule Change #2000(6)
Colorado Rules of Civil Procedure
Chapter 18. Rules Governing Admission to the Bar
Rule 201. Formal Hearings

Rule 201.10. Formal Hearings

(1) [No Change]

(2) If the applicant files a written request for a formal hearing, the hearing shall be conducted under the following rules of procedure.

(a) The executive director shall notify tThe applicant SHALL BE NOTIFIED in writing of:

[No Change to remainder of Rule].

Amended and Adopted by the Court, En Banc, March 23, 2000, effective immediately.



 


Rule Change #2000(7)
Colorado Appellate Rules
Jurisdiction of Writ of Certiorari
Rule 51. Review on Certiorari—How Sought

Rule 51. Review on Certiorari—How Sought

(a) Filing and Proof of Service. Review on certiorari shall be sought by filing with the clerk of the Supreme Court, with service had and proof thereof as required by C.A.R. 25, ten typewritten or otherwise reproduced copies of a petition which shall be in the form prescribed in C.A.R. 21(b)32 and a transcript of the record in the case as filed in said court which shall be certified by the clerk of the appropriate court. Service of a copy of the transcript of the record is not required.

(b)-(d) [No Change]

Amended and Adopted by the Court, En Banc, March 23, 2000, effective immediately.

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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