June 19, 2013

Filing Fees to Change Effective July 1, 2013, Due to Repeal of CJD 12-02

Chief Justice Directive 12-02 was created in January 2012 to temporarily reduce statutory filing fees. The Colorado State Judicial Branch announced that effective July 1, 2013, that Chief Justice Directive will be repealed, which means that filing fees will increase.

CJD 12-02 affected most civil actions, such as county court civil, small claims, district court civil, domestic relations, probate, juvenile, and water court actions. The fees reverted to the level they were at before CJD 12-02, which is a significant change. The fees for filing in the Supreme Court and Court of Appeals did not change.

To see a PDF detailing the filing fees, surcharges, and costs in Colorado state courts, click here.

State Judicial Revises Fee Payment Request Form, Guide to Determining Indigency, and Forms to Discontinue Sex Offender Registration

The Colorado State Judicial Branch issued updates to six of their Judicial Department Forms (JDF). These updates include changes to the Guide to Determining Indigency, the Request and Authorization for Payment of Fees, a Notice to Subpoena Recipients, and forms to discontinue sex offender registration for non-Colorado convictions.

MISCELLANEOUS

  • JDF 80.1  – Notice to Subpoena Recipients (04/13)
  • JDF 207 - Colorado Judicial Department Request and Authorization for Payment of Fees (04/13)
  • Guide - Guide for Determining Indigency (CJD 98-01) (R04/13)

CRIMINAL LAW

  • JDF 473 - Petition to Discontinue Sex Offender Registration – Non-Colorado Conviction or Juvenile Adjudication or Disposition (R03/13)
  • JDF 474 - Notice of Hearing on Petition – Non-Colorado Conviction or Juvenile Adjudication or Disposition (R03/13)
  • JDF 475 - Order to Discontinue Sex Offender Registration – Non-Colorado Conviction or Juvenile Adjudication or Disposition (R03/13)

All of State Judicial’s JDF forms are available on their website. Click here for the Forms page.

Colorado Judicial Ethics Advisory Board Opinions 2013-01 and 2013-02 Released

The Colorado Judicial Ethics Advisory Board released two new opinions in late March 2013. The Colorado Judicial Ethics Advisory Board (C.J.E.A.B.) is a supreme court committee comprised of judges and non-judges who offer practical advice on ethical issues to members of the judiciary. There are seven members of the C.J.E.A.B. Four are judges, one is a non-lawyer citizen, one an attorney, and one a law professor with an interest in ethics.

C.J.E.A.B. Opinion 2013-01 addresses the issue of whether a judge can sit on the board of directors for the Colorado Organization for Victim Assistance. The decision confirms that the judge may sit on that board, provided he or she is able to ensure that the board activities do not impair his or her impartiality, and that doing so would not lead to frequent disqualification.

C.J.E.A.B. Opinion 2013-02 discusses whether, as part of their administrative duties, judges may ethically select attorneys who are eligible for appointment as counsel for respondent parents in dependency and neglect proceedings. They may select such attorneys, and may also monitor their performance, provided that they maintain impartiality in exercising those decisions and the decisions are based on merit.

For more information about the Colorado Judicial Ethics Advisory Board, and for all of the C.J.E.A.B. opinions, click here.

Updated JDF Forms Available in Adoption, Appeals, and Domestic Categories

Three updated JDF forms are now available from the Colorado State Judicial Branch, in the areas of adoption, civil appeals, and domestic relations.

  • JDF 496, “Instructions for Adult Adoption,” in the Adoption category, was revised in February 2013.
  • JDF 126, “Instructions for Filing a County Court Civil Appeal or Small Claims Appeal,” in the Appeals category, was revised in March 2013.
  • JDF 1302, “Order for Publication of Summons/Service by Certified Mail/Publication by Consolidated Notice,” in the Divorce & Family Matters category, was revised in February 2013.

All of State Judicial’s JDF forms are available here.

Colorado Real Estate Commission Revamps Brokerage Forms Website

The Colorado Real Estate Commission has updated the webpage where the Colorado Real Estate Commission’s broker forms are available. These forms are available as fillable Adobe PDF documents and may be downloaded from the CREC website.

As reported by CBA-CLE Legal Connection last week, many of these forms are marked “Mandatory 1-13.” However, the forms are only mandatory for use by licensed real estate brokers — attorneys are not required to use these forms exclusively.

Colorado Real Estate Commission Forms Effective January 1, 2013 (Revised)

The Colorado Real Estate Commission amended several forms in 2012, which are effective January 1, 2013 and mandatory for use by licensed real estate brokers. The forms are available as PDFs that may be downloaded from a zip file on the Colorado Real Estate Commission website.

The forms with a January 1, 2013 effective date are:

  • AE 41-9-12 – “Agreement to Amend/Extend Contract”
  • CBS1-9-12 – “Contract to Buy and Sell Real Estate (Residential)”
  • CBS2-9-12 – “Contract to Buy and Sell Real Estate (Income – Residential)”
  • CBS3-9-12 – “Contract to Buy and Sell Real Estate (Commercial)”
  • CBS4-9-12 – “Contract to Buy and Sell Real Estate (Land)”
  • CBSF1-9-12 – “Contract to Buy and Sell Real Estate (Colorado Foreclosure Protection Act)”
  • CL8-9-12 – “Closing Instructions”
  • CP40-9-12 – “Counterproposal”
  • EBA53-10-12 – “Exclusive Brokerage Listing Addendum to Listing Contract”
  • EM9-9-12 – “Earnest Money Receipt”
  • GD31-9-12 – “Green Disclosure (Energy)”
  • LB36-10-12 – “Licensee Buy-Out Addendum to Contract to Buy and Sell Real Estate”
  • LC50-9-12 – “Exclusive Right-to-Sell Listing Contract”
  • LP45-9-12 – “Lead-Based Paint Disclosure (Sales)”
  • LP46-9-12 – “Lead-Based Paint Disclosure (Rentals)”
  • NTC43-10-12 – “Inspection Objection”
  • NTC43R-10-12 – “Inspection Resolution”
  • NTT44-9-12 – “Notice to Terminate”
  • RA33-9-12 – “Residential Addendum to Contract to Buy and Sell Real Estate”

These forms and all other Colorado Real Estate Commission forms may be downloaded from the Colorado Real Estate Commission website.

Colorado State Judicial Branch Revises Appeals, Miscellaneous, and Seal My Case Forms

The Colorado State Judicial Branch released several revised forms in the categories of Appeals, Miscellaneous, and Seal My Case in late December and early January. Many of the forms pertained to juvenile proceedings, including dependency & neglect appeals and sealing underage convictions.

Most forms are available in Adobe Acrobat (PDF) and Microsoft Word formats; many are also available as Word and Excel templates. Download the new form from State Judicial’s individual forms pages, or below.

APPEALS

  • Form 6 – “Certificate of Compliance” (revised 12/12)
  • JDF 545 – “Notice of Appeal (Cross-Appeal) and Designation of Record” (revised 12/12)
  • JDF 546 - “Certificate of Diligent Search” (revised 12/12)
  • JDF 547 – “Supplemental Designation of Record” (revised 12/12)
  • JDF 548 - “Petition on Appeal” (revised 12/12)
  • JDF 549 - “Response to Petition on Appeal (Cross-Appeal)” (revised 12/12)
  • JDF 640 - “Notice of Limited Appearance of Attorney With Consent of Pro Se Party Under C.A.R. 5 in an Appellate Matter” (revised 12/12)
  • JDF 641“Consent to Limit Appearance by An Attorney Under C.A.R. 5″ (revised 12/12)
  • JDF 642 – “Notice of Completion of Limited Appearance Under C.A.R. 5 in an Appellate Matter” (revised 12/12)

SEAL MY CASE

  • JDF 304 - “Order of Expungement of Records Juvenile or Criminal Case” (revised 12/12)
  • JDF 314  – “Order to Seal Pursuant to § 18-13-122(10), C.R.S.” (revised 12/12)
  • JDF 418 - “Order to Seal Arrest and Criminal Records Pursuant to § 24-72-308, C.R.S.” (revised 12/12)
  • JDF 419 - “Order and Notice of Hearing (Sealing of Records)” (revised 12/12)
  • JDF 615 – “Order to Seal Criminal Conviction Records for Offenses Involving  Controlled Substances Pursuant to § 24-72-308.5, C.R.S.” (revised 12/12)

MISCELLANEOUS

  • JDF 79 - “Instructions for Issuing a Subpoena” (revised 1/13)
  • JDF 80 - “District Court Subpoena to Attend, Attend and Produce, or Produce” (revised 1/13)
  • JDF 80.1 - “Notice to Subpoena Recipients” (issued 1/13)
  • JDF 80.2 - “County Court Subpoena to Attend or Attend and Produce” (issued 1/13)

All of State Judicial’s forms may be found here.

 

Bankruptcy Court Announces Revised Chapter 13 Plan Form, Effective February 1, 2013

The U.S. Bankruptcy Court for the District of Colorado has amended its Chapter 13 Plan form. A General Protective Order will enter to make the form effective February 1, 2013. The changes are generally related to formatting, but there are also some substantive changes, which are highlighted on the PDF version of the form.

The U.S. Bankruptcy Court judges welcome input on the form. To submit feedback, please email comments and suggestions to webmaster@cob.uscourts.gov.

The form is available in MS Word and Adobe Acrobat PDF. Download the form from the U.S. Bankruptcy Court webpage or click here for the PDF.

State Judicial Revises Appellate, Garnishment, and Family Law Forms

The Colorado State Judicial Branch revised several forms in October in the appellate, garnishment, and family law categories. The appellate forms relate to an attorney’s limited appearance pursuant to the revisions to C.A.R. 5.

Most forms are available in Adobe Acrobat (PDF) and Microsoft Word formats; many are also available as Word and Excel templates. Download the new forms from State Judicial’s individual forms pages, or below.

APPEALS

  • JDF 640“Notice of Limited Appearance by Attorney with Consent of Pro Se Party Under C.A.R. 5″ (Issued 10/12)
  • JDF 641“Consent to Limit Appearance by an Attorney Under C.A.R. 5″ (Issued 10/12)
  • JDF 642 - ”Notice of Completion of Limited Appearance Under C.A.R. 5″ (Issued 10/12)

COUNTY CIVIL / DISTRICT CIVIL

  • Form 34 - ”Notice of Levy” (Revised 10/12) 
  • JDF 1338“Mandatory Disclosure” (Revised 10/12)

All of State Judicial’s forms may be found here.

Probate Decedent’s Estate Inventory and Small Estate Affidavit Forms Amended

On Thursday, October 11, 2012, the Colorado State Judicial Branch released Rule Change 2012(14), regarding updates to two probate forms. JDF 941, “Decedent’s Estate Inventory,” and JDF 999, “Collection of Personal Property by Affidavit,” were amended.

Most forms are available in Adobe Acrobat (PDF) and Microsoft Word formats; many are also available as Word and Excel templates. Download the new form from State Judicial’s individual forms pages, or below.

Probate

  • JDF 941 - ”Decedent’s Estate Inventory” (Revised 10/12)
  • JDF 999 – “Collection of Personal Property by Affidavit” (Revised 10/12)

These new forms were adopted October 10, 2012, effective immediately.

All of State Judicial’s forms may be found here.

“Request for Lump Sum Payment” Form Updated by Division of Workers’ Compensation

The Division of Workers’ Compensation in the Colorado Department of Labor and Employment issued a new form in September, “Request for Lump Sum Payment,” Form WC 62. The form may be used in situations where at least six months have passed from the date of injury or date of death and there is an award of permanent disability benefits.

This form is available in Adobe Acrobat (PDF) format. All of the Division of Workers’ Compensation’s forms can be found here.

New Workers’ Compensation Form: “Medical Billing Dispute Resolution Intake Form,” WC 181

The Division of Workers’ Compensation in the Colorado Department of Labor and Employment issued a new form, WC 181, “Medical Billing Dispute Resolution Intake Form.” The form is intended for use in situations where parties have followed the dispute resolution procedures outlined in WCRP Rule 16-11(A) through (D) and a payment dispute still exists.

The completed form should be submitted to the Division’s Medical Policy Unit via fax, email, or mail. Directions for submission of the completed form can be found here.

This form is available in Adobe Acrobat (PDF) format.

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2013-06-19 03:36:33