On Thursday, October 11, 2012, the Colorado Supreme Court issued Rule Change 2012(15), containing an amendment to Rule 5 of the Colorado Appellate Rules. The amendment adds subsections (e) and (f) to the rule, as well as a comment to explain the purpose of the new subsections.
The purpose of C.A.R. 5(e) is to establish a procedure similar to that set forth in Colorado Rule of Civil Procedure 121 Section 1-1(5). This procedure provides assurance that an attorney who makes a limited appearance for a pro se party in a specified appellate case proceeding(s), at the request of and with the consent of the pro se party, can withdraw from the case upon filing a notice of completion of the limited appearance, without leave of court. The purpose of C.A.R. 5(f) is to make clear that when an attorney appears for a party, whom he or she has not previously represented, in an appellate court and the proceedings in that court have concluded, the attorney is not obligated to represent the party in any other proceeding on remand or in any review of the appellate court’s decision by any other court. Nothing in this provision would prevent the attorney from entering a limited or general appearance on behalf of the party in another court (for example, on a writ of certiorari to the supreme court), if agreed to by the attorney and the party.
The amendments were adopted October 11, 2012, effective immediately. Click here to review the red line changes to these appellate rules, outlined as Rule Change 2012(15).