June 20, 2018

Archives for November 7, 2011

Water Courts to Adopt “Rule of 7” for Procedural Time Periods; Rules Amended Regarding Applications for Water Rights

The Colorado Supreme Court has amended Chapter 36 of the Colorado Court Rules, Uniform Local Rules for All State Water Court Divisions. Broad changes were made throughout the rules to conform them to the “rule of 7″ for procedural time periods. This change, adopting multiples of a week, will help eliminate problems that arise when a deadline falls on a weekend.

Time period changes were also made to Water Court form JDF 319 – “Form 1 – Sample Modified Case Management Order.” The revised form is forthcoming from State Judicial.

Additionally, Rule 3, Applications for Water Rights, was also amended. The amendments address applications that contain multiple claims, rights, and structures, including applications filed by multiple applicants. The Committee Comment to the revised rule states that “[d]eletion of the words ‘and that each has the same ownership’ from the former water court rule 3(b), now numbered water court rule 3(b)(1), is not intended to alter or change any provision of law pertaining to ownership of a claim, right or structure that may otherwise be applicable to the adjudication of an application.”

These amendments are effective January 1, 2012.

Provided below is the complete set of Uniform Water Court Rules, which contains the old rules along with the new amendments (in bold), for reference and comparison purposes.

Click here to review the red line changes to the Uniform Water Court Rules, outlined as Rule Change 2011(16).

Complete CRCP Water Court Rules With Nov 2011 Changes (Effective 2012)

Terms Increased for Members of Attorney Discipline and Disability Hearing Boards

The Colorado Supreme Court has amended the Colorado Rules of Civil Procedure regarding attorney discipline and disability proceedings. The change was made to Rule 251.17 – Hearing Board. The attorney members and members of the public who comprise the board will now hold the position for six years, instead of two.

Click here to read more about the hearing board rule change, outlined as Rule Change 2011(15).

Rules Governing Admission to the Bar Amended by the Colorado Supreme Court

The Colorado Supreme Court has amended the Colorado Rules of Civil Procedure that outline the process for admission to the Colorado Bar. The changes allow for admission for applicants who have passed the Uniform Bar Exam in another state no more than than two years ago, or less than five years ago if combined with work experience. The change was made to CRCP Chapter 18 – Rules Governing Admission to the Bar.

Rule 201.3 – Classification of Applicants – Section 5 was amended with a new definition for such “Class B” applicants:

those applicants who have taken the Uniform Bar Examination (UBE) in another state or territory of the United States or in the District of Columbia within two years preceding application for admission to the Bar of Colorado and earned a score that is passing based upon standards set by the Colorado Supreme Court.

A further delineation of requirements for Class B admission follows for those who passed the exam less than five years ago and have been practicing law since, and can be reviewed here.

Additionally, a new classification of applicants was created. Class C applicants must take a written exam. Overall, Rules 201.3, 201.4, 201.5, 201.12, and 201.14 were amended by the Colorado Supreme Court.

Click here to read more about all of the amended bar admission rules, outlined as Rule Change 2011(14).

Tenth Circuit: Unpublished Opinions, 11/4/11

On Friday, November 4, 2011, the Tenth Circuit Court of Appeals issued no published opinions and two unpublished opinions.

Unpublished

United States v. Holly

United States v. Molina-Chavez

No case summaries are available for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.