October 31, 2014

Colorado Appellate Rules Amended by Colorado Supreme Court

On October 17, 2014, the Colorado Supreme Court issued Rule Change 2014(13), amending the Colorado Appellate Rules. Four rules were amended: C.A.R. 3, “Appeal as of Right – How Taken”; C.A.R. 25, “Filing and Service”; C.A.R. 32, “Form of Briefs and Appellate Documents”; and C.A.R. 57, “Briefs – In General.”

In general, these rules were amended to change “shall” to “must” where applicable and change “papers” to “documents.” Several of the comments were removed from subsections of Rule 3, as well as references to specific caption requirements and requirements regarding transcripts. Description of magistrate review requirements was added to Rule 3.

Many of the changes to Rule 25 address the availability of electronic filing and specifications related to electronic files. Inmate filing procedures were also clarified. Rule 32 was amended to add information to the caption regarding the lower court. The sample captions in Rule 32 were also changed, and much language was deleted from the comment. In Rule 57, some dates were changed in accordance with the Rule of Seven. Specifications that briefs comply with the content and length requirements of Rule 28 and the form and service requirements of Rule 32 were added to Rule 57 as well.

For a redline of these changes to the Colorado Appellate Rules, click here. For all of the Colorado Supreme Court’s rule changes, click here.

Judge Philip James McNulty Named Chief Judge of First Judicial District

On Tuesday, October 21, Colorado Supreme Court Chief Justice Nancy Rice appointed Judge Philip James McNulty Chief Judge in the First Judicial District Court. McNulty’s appointment will be effective November 17, upon the retirement of current Chief Judge Stephen Munsinger.

Judge McNulty was appointed to the district court bench in the First Judicial District in 2008. Prior to his appointment, he was a municipal court judge for the City of Lakewood. McNulty was also a deputy district attorney for the First Judicial District from 1988 to 1996 and a deputy city attorney for the City of Lakewood from 1985 to 1988. He received his undergraduate degrees from Colorado State University and his law degree from the University of Denver.

Three nominees were announced this week for the impending vacancy on the First Judicial District Court bench due to Judge Munsinger’s retirement. The nominees are Todd E. Kastetter of Littleton, K.J. Moore of Littleton, and Laura A. Tighe of Golden. The governor has 15 days from October 20 in which to appoint one of the three nominees.

Comments regarding any of the nominees may be sent to gov_judicialappointments@state.co.us.

Notary Program Rules Amended by Secretary of State

On Tuesday, October 7, 2014, the Colorado Secretary of State gave notice of the permanent adoption of changes to the notary rules. The changes are extensive, including new requirements for exam-taking for new notaries and those subject to claims of misconduct; new guidelines for electronic notarization; requirements for notary trainers; and more. A redline of the changes is available here.

 

CJD 11-01 Amended Regarding e-Filing in Criminal Cases

The Colorado State Judicial Branch released Chief Justice Directive 11-01, “Directive Concerning Statewide Electronic Filing Standards,” on Monday, October 6, 2014. The CJD was signed and effective September 30, 2014, in anticipation of the criminal e-filing pilot project scheduled to begin October 6, 2014, in Pueblo.

The amendments to the Chief Justice Directive are meant to address specific issues that will arise in criminal e-filing. In addition, Appendix B was added to specify reasons why cases would be rejected for e-filing.

For the full text of CJD 11-01, click here. For all of the Colorado Supreme Court Chief Justice Directives, click here.

Comment Period Open for Changes to Colorado Rules of Judicial Discipline

The Colorado Supreme Court is seeking comments regarding proposed changes to the Colorado Rules of Judicial Discipline. The public comment period is now open, and will close at 4 p.m. on October 14, 2014. Comments should be submitted to Christopher Ryan, the clerk of the supreme court, at 2 E. 14th Ave., Denver, 80203.

The changes to the Rules are extensive. Several rules have been moved or deleted, including the rules on confidentiality, screening of complaints, investigation, discovery, and special masters. For a redline of the changes, click here.

For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

New Rule of Criminal Procedure Added Regarding e-Filing

On Wednesday, September 24, 2014, the Colorado Supreme Court issued Rule Change 2014(12), adding new Rule 49.5, “Electronic Filing and Service System,” to the Colorado Rules of Criminal Procedure. The new rule is effective immediately.

The rule provides that e-filing and e-service may be used for criminal cases in Colorado as determined by the Colorado Supreme Court through Chief Justice Directives. The rule was added in anticipation of the criminal e-filing pilot program in Pueblo, scheduled to begin in October.

For the complete text of the new rule, click here. For all the Colorado Supreme Court’s rule changes, click here.

C.R.C.P. 26 and 121 Amended Regarding Privilege Claims in Discovery and Motions to Reconsider

The Colorado Supreme Court released Rule Change 2014(11) on Monday, September 22, 2014. Rule Change 2014(11) creates a new subparagraph (B) in C.R.C.P. 26(b)(5), which addresses claims of privilege for information inadvertently disclosed during discovery, as follows:

(B) If information produced in disclosures or discovery is subject to a claim of privilege or of protection as trial-preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must not review, use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and shall give notice to the party making the claim within 14 days if it contests the claim. If the claim is not contested within the 14-day period, or is timely contested but resolved in favor of the party claiming privilege or protection of trial-preparation material, then the receiving party must also promptly return, sequester, or destroy the specified information and any copies that the receiving party has. If the claim is contested, the party making the claim shall within 14 days after receiving such notice present the information to the court under seal for a determination of the claim, or the claim is waived. The producing party must preserve the information until the claim is resolved, and bears the burden of proving the basis of the claim and that the claim was not waived. All notices under this rule shall be in writing.

Rule Change 2014(11) changed C.R.C.P. 121, § 1-15, to add a new subparagraph 11:

11. Motions to Reconsider. Motions to reconsider interlocutory orders of the court, meaning motions to reconsider other than those governed by C.R.C.P. 59 or 60, are disfavored. A party moving to reconsider must show more than a disagreement with the court’s decision. Such a motion must allege a manifest error of fact or law that clearly mandates a different result or other circumstance resulting in manifest injustice. The motion shall be filed within 14 days from the date of the order, unless the party seeking reconsideration shows good cause for not filing within that time. Good cause for not filing within 14 days from the date of the order includes newly available material evidence and an intervening change in the governing legal standard. The court may deny the motion before receiving a responsive brief under paragraph 1(b) of this standard

The committee comment to Rule 121, § 1-15, was amended as well to clarify the limits of subparagraph 11.

Rule 411, “Appeals,” was amended to allow the clerk to certify records.

For the full text of the rule change, click here. For all of the Colorado Supreme Court’s rule changes, click here.

CJD 08-02 Amended Regarding Cost Recovery Fees for Electronic Access to Court Records

On September 11, 2014, the Colorado Supreme Court amended CJD 08-02, “Directive Concerning Assessment of Cost Recovery Fees for Maintaining the Technical Infrastructure Necessary to Support Electronic Access to Court Records.” The changes to CJD 08-02 are effective October 1, 2014.

The changes to CJD 08-02 affect criminal e-filing fees and e-service fees. The changes were made in preparation for the launch of the pilot criminal e-filing system in Pueblo on October 6, 2014.

For the full text of CJD 08-02, click here. For all the Chief Justice Dirctives, click here.

Application Period Open for Ouray County Court Vacancy

On Thursday, September 18, 2014, the Colorado State Judicial Branch announced an upcoming vacancy on the Ouray County Court occasioned by the appointment of Hon. David S. Westfall to the Seventh Judicial District Court. The vacancy will be created on January 13, 2015.

Applications are available on the State Judicial website or from the nominating commission’s ex officio chair, Justice Brian Boatright. Eligible applicants must be qualified electors of Ouray County and must have graduated high school or achieved the equivalent. The original, signed application must be delivered to Justice Boatright no later than 4 p.m. on October 29, 2014. Anyone wishing to nominate another must do so no later than 4 p.m. on October 22.

For more information about the vacancy and contact information for members of the nominating commission, click here.

Comment Period Open for Proposed Changes to Bankruptcy Court Local Rules

Significant changes to the Federal Rules of Bankruptcy Procedure will take effect December 1, 2014. The changes are to the 8000 series of rules, which govern appeals. Correspondingly, the Bankruptcy Appellate Panel of the 10th Circuit has amended its local rules, effective December 1, 2014.

The comment period for the proposed changes to the local bankruptcy rules is open until October 15, 2014. Comments may be submitted via email to 10th_Circuit_BAP@ca10.uscourts.gov. A redline of the proposed changes is available here, and a summary of the revisions is available here.

Comment Period Open for Changes to the Federal Rules of Civil, Appellate, Bankruptcy, and Criminal Procedure

The Judicial Conference Committee on Rules of Practice and Procedure has opened the public comment period for several proposed changes to the following rules and forms:

  • Appellate Rules 4, 5, 21, 25, 26, 27, 28.1, 29, 32, 35, and 40, and Forms 1, 5, 6, and New Form 7;
  • Bankruptcy Rules 1010, 1011, 2002, 3002, 3002.1, 3007, 3012, 3015, 4003, 5009, 7001, 9006, and 9009, and New Rule 1012, and Official Forms 11A, 11B, 106J, 201, 202, 204, 205, 206Sum, 206A/B, 206D, 206E/F, 206G, 206H, 207, 309A, 309B, 309C, 309D, 309E, 309F, 309G, 309H, 309I, 312, 313, 314, 315, 401, 410, 410A, 410S1, 410S2, 416A, 416B, 416D, 424, and Instructions, and new Official Forms 106J-2 and 113;
  • Civil Rules 4, 6, and 82; and
  • Criminal Rules 4, 41, and 45.

A PDF of the proposed changes may be found here.

The public comment period closes on Tuesday, February 17, 2015, at 11:59 p.m. Members of the public who wish to present testimony may appear at public hearings on the proposed amendments.

Comments and supporting files must be submitted electronically using the Regulations.gov portal. After choosing the appropriate link below, click the “Submit a Comment” link. This will display the comment web form. You can then enter your submitter information and attach your comment as a file (up to 10MB), or type your comment directly on the web form. When you have finished attaching or typing your comment, click the “Preview Comment” link to review. Once you are satisfied with your comment, click the “Submit” button to send your comment to the advisory committees. Upon completion, you will receive a tracking number for your submission.

Detailed instructions on how to submit a comment are given in the Regulations.gov FAQs.

David Cooper Taylor Appointed to Gilpin County Court

On Thursday, September 11, 2014, the governor’s office announced the appointment of David Cooper Taylor to the Gilpin County Court in the First Judicial District, effective January 13, 2015, and conditioned on Taylor becoming a qualified elector of Gilpin County. Taylor will fill a vacancy created by the resignation of Hon. David R. Gloss.

Currently, Taylor is a staff attorney for the Fifth Judicial District, and also is Of Counsel to the Law Office of Edward Schindel. His practice includes civil, criminal, business, domestic relations, estate planning, and property law. Prior to his work as a staff attorney, Taylor was a law clerk in to Hon. Russell Granger in the Fifth Judicial District. Taylor received his undergraduate degree from Mary Washington College in 2002 and his law degree from Wake Forest University in 2005.