October 25, 2014

Majority of Colorado Procedure Rules Amended to Adopt “Rule of 7″ Time Calculations

The Colorado Supreme Court has made significant changes across the board for procedural time calculations. The amendments were made to the:

  • Colorado Rules of Civil Procedure
  • Colorado Appellate Rules
  • Colorado Rules of Probate Procedure
  • Colorado Rules of Criminal Procedure
  • Colorado Rules of Juvenile Procedure
  • Colorado Municipal Court Rules of Procedure
  • Colorado Rules for Magistrates

The changes conform these rules 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; deadlines can no longer fall on a weekend.

Additionally, the changes:

  • Eliminate the 3-day mail rule.
  • Add the requirement that motions challenging expert testimony pursuant to C.R.E. 702 must be filed no later than 70 days (10 weeks) before the trial.
  • Clarify that the “next day” is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.
  • Repeal provisions that conflict with the “rule of 7″ standard.

The amendments are compiled in two massive rule changes, which provide red line edits:

Comments

  1. Brian J. Berardini says:

    It appears to me that the Supreme Court failed to give a great deal of thought to these new rule changes. They were instituted too quickly as evidenced by the fact that State Judicial still hasn’t updated it’s forms. It was also poorly thought out; having the new rules apply to existing cases rather than to cases going forward put a burden and extra expense on litigants and their counsel to apparently avoid having the judiciary be cognizant of which set of rules would apply to any given case. I’ve practiced for over 30 years, and the Supreme Court has effectuated sweeping rule changes three times, none of which have accomplished anything other than to change procedures without any beneficial effect. This is yet another.

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