On Friday, October 30, 2015, the Colorado Supreme Court announced Rule Change 2015(08), amending Chapter 38 of the Colorado Rules of Civil Procedure, “Public Access to Information and Records.” The changes amended the title of the rules from “Public Access to Records and Information” and added an extensive new Rule 2, “Public Access to Administrative Records of the Judicial Branch.” The rule follows the Colorado Open Records Act (CORA) but is not identical, and the introductory paragraph to Rule 2 states, “Many of the rule’s deviations from CORA reflect simple changes to language and streamlined organization of the rule for clarity and to better serve the public. Other, substantive deviations from CORA reflect the unique nature of the records and operations of the Judicial Branch. These changes are addressed in comments throughout the rule. The rule pertains only to administrative records and does not contemplate or control access to court records.” The previously numbered Rule 2 was renumbered as Rule 3 but suffered no other amendments.
On Friday, September 11, 2015, the Colorado State Judicial Branch announced Rule Change 2015(07), effective September 9, 2015. The rule change affects C.R.C.P. 121, §§ 1-2 and 1-26, and Rule 305.5 of the Colorado Rules of County Court Civil Procedure. The changes are minor, generally changing references to out-of-state or foreign attorneys and reflecting that foreign attorneys may be admitted under Rules 205.3 or 205.5 of the Rules Governing Admission to the Bar (C.R.C.P. Chapter 18). For a redline of the changes, click here.
On June 25, 2015, the Colorado Supreme Court issued Rule Change 2015(06), amending the Colorado Appellate Rules, effective immediately. The changes are extensive.
The changes to Rule 28, “Briefs,” include changes to formatting requirements for briefs and the deletion of some subsections. Former subsection (h) from Rule 28 was expanded into new Rule 28.1, “Briefs in Cases Involving Cross-Appeals.” Rule 29, “Brief of an Amicus Curiae,” received new subsections regarding content and form of briefs and length. Rule 31, “Serving and Filing Briefs,” added a subsection regarding consequences for failure to file and deleted subsections about the number of copies to be served in the supreme court and court of appeals. Rule 32, “Form of Briefs and Appellate Documents,” was also substantially amended, including changes to the captioning requirements. Finally, Rule 34, “Oral Argument,” was amended to specify that oral argument may be allowed at the discretion of the court. The changes to Forms 6 and 6A include certifications that the briefs conform to word and page limits in Rule 28, and the changes to Forms 7 and 7A set forth example captions for use in appellate briefs.
A redline of Rule Change 2015(06) is available here.
On Monday, June 1, 2015, the Colorado State Judicial Branch released Rule Change 2015(04) and Rule Change 2015(05). Rule Change 2015(04) amends Rule 32, “Sentence and Judgment,” of the Colorado Rules of Criminal Procedure. The changes are significant and amend many procedural aspects of sentencing. The changes were adopted and effective May 22, 2015.
Rule Change 2015(05) amends the Colorado Rules of Civil Procedure. The changes are extensive and mirror the changes to the Federal Rules of Civil Procedure. According to the new Comment to Rule 1, “The 2015 amendments are the next step in a wave of reform literally sweeping the nation. This reform movement aims to create a significant change in the existing culture of pretrial discovery with the goal of emphasizing and enforcing Rule 1’s mandate that discovery be administered to make litigation just, speedy, and inexpensive. One of the primary movers of this reform effort is a realization that the cost and delays of the existing litigation process is denying meaningful access to the judicial system for many people.” The rule change also added a new form, JDF 622, “Proposed Case Management Order.” The changes were adopted by the Colorado Supreme Court on May 28, 2015, and are effective July 1, 2015, for cases filed on or after July 1, 2015.
On Thursday, June 25, 2015, CLE will host a program to discuss the new rule changes and what they will mean for Colorado attorneys. Richard Holme, Hon. Thomas Kane, and Hon. Michael Berger will discuss the new rules and their significance. Don’t miss this important opportunity to learn about the requirements of the new Rules.
On Thursday, March 26, 2015, the Colorado Supreme Court announced Rule Change 2015(03), which amended Rule 44 of the Colorado Rules of Criminal Procedure. The change affects subsection (a) of the rule, and the only change was to update a cross-reference from C.R.C.P. 226 to C.R.C.P. 205.7. For a redline of the rule change, click here.
On January 14, 2015, the Colorado Supreme Court adopted Rule Change 2015(02), amending Rules 205.3, 205.5, 205.6, 224, and 227 of Chapter 18 of the Colorado Rules of Civil Procedure, and amending Rules 251.1, 260.2, and 260.6 of Chapter 20 of the Colorado Rules of Civil Procedure.
The change to Rule 205.3, “Pro Hac Vice Authority Before State Courts — Out-of-State Attorney,” updated the reference in subparagraph (7) to Colo. RPC 1.15A through E. Rules 205.5, “Pro Hac Vice – Foreign Attorney,” and 205.6, “Practice Pending Admission,” were similarly updated to cite to Colo. RPC 1.15A through E. The updates to Rule 227 were also minor, changing the reference in subparagraph (2)(a)(4) to Colo. RPC 1.15B and updating citations in the Comment to the “Regstration Fee of Non-Attorney Judges” section of the rule.
In Rule 224, “Provision of Legal Services Following Determination of a Major Disaster,” subparagraphs (2) and (3) were amended to change citations from C.R.C.P. 220(1)(a) and (b) to C.R.C.P. 205.1(a) and (b), and from C.R.C.P. 220 to C.R.C.P. 205.1; citations in subparagraphs (5)(a) and (b) were updated from C.R.C.P. 221 and 221.1 to C.R.C.P. 205.3 and 205.4; and subparagraph (6) was amended to change the citation from C.R.C.P. 220(3) to 205.1(3) and add a citation to Colo. RPC 8.5.
Citations were also updated in Rules 251.1, 260.2, and 260.6. Rule 251.1, “Discipline and Disability; Policy — Jurisdiction,” was changed to reference Rules 204 and 205 instead of Rules 220, 221, and 222. Subsection (4) of Rule 260.2, “CLE Requirements,” was amended to clarify that the subsection was repealed and replaced by C.R.C.P. 203.2(6), 203.3(4), and 203.4(6). Citations in subsections (5)(a) and (6) of Rule 260.6, “Compliance,” were also amended, updating references from Rule 201.14 to Rules 203.2(6), 203.3(4), and 203.4(6).
Click here for the Colorado Supreme Court’s 2015 rules changes.
On Wednesday, January 7, 2015, the Colorado Supreme Court announced Rule Change 2015(01), amending the Colorado Appellate Rules. Three rules were affected by this rule change: Rule 8, “Stay or Injunction Pending Appeal,” Rule 27, “Motions,” and Rule 33, “Prehearing Conference.”
The changes to Rule 8 are extensive, and include subdivision of various subparagraphs into further subparagraphs, many changes of procedural language, and changing “shall” to “must” in many instances. The changes to Rule 27 are similarly extensive, again adding subparagraphs and changing significant amounts of the language. Rule 33 was repealed in its entirety.
A redline of these changes is available here:
The Colorado Supreme Court adopted and proposed rule change page is available here.
On December 29, 2014, the Colorado Supreme Court approved and adopted Rule Change 2014(17), amending the Colorado Rules of Criminal Procedure. Rule Change 2014(17) amended C.R. Crim. P. 49.5, “Electronic Filing and Service System.” The changes were minor, including updating the web address for the e-filing system, changing capitalization and punctuation, and moving the rule about nunc pro tunc orders. The rule change also added a Committee Comment. A redline of the changes is available here.
For all of State Judicial’s adopted and proposed rule changes, click here.
On Friday, December 12, 2014, the Colorado Supreme Court announced Rule Change 2014(16), amending the Colorado Rules of Judicial Discipline. The rule change was adopted and effective December 10, 2014.
The rule changes were extensive and covered many of the rules. Significant changes were made to the rules regarding review of complaints, investigation, determination, statement of charges, and many others. For a redline of the changes, click here.
The U.S. District Court for the District of Colorado has made changes to its Local Rules, effective December 1, 2014. The Advisory Committee continues to revise the rules in its comprehensive review. The changes effective December 1 focus on stylistic changes to the criminal rules, converting pilot programs to local rules, and updating rules applicable to members of the bar.
The Advisory Committee will conduct a public forum in January 2015 in which to discuss these changes to the Local Rules and invite questions and comments from the bar. It will be held at the Alfred A. Arraj U.S. District Courthouse at an as yet undetermined date.
The Colorado Supreme Court announced Rule Change 2014(14), effective October 30, 2014, and 2014(15), effective November 1, 2014. Rule Change 2014(14) amends Rule 47, “Jurors,” of the Colorado Rules of Civil Procedure. Rule Change 2014(15) amends Rule 2.2, “Summons — Content and Service,” Rule 3, “Advisement,” and Rule 3.7, “Detention,” of the Colorado Rules of Juvenile Procedure, and it adds a new Rule 3.9, “Counsel.” The changes to the Rules of Juvenile Procedure coordinate with changes to the Colorado Revised Statutes pursuant to HB 14-1032.
C.R.C.P. 47(u), “Juror Questions,” was amended to clarify that juror questions will be reviewed with counsel for the parties outside the hearing of the jury, to permit jurors to ask follow up questions in writing, and to prohibit jurors from orally questioning any witness. The amendments specify that the court retains discretion to address juror questions or permit follow up questions. Click here for a redline of the changes to Rule 47.
The changes to the Rules of Juvenile Procedure are extensive. Rule 2.2 was amended to subdivide different types of juvenile proceedings and specify summons procedures for each type of proceeding. The changes to Rule 3 were relatively minor, adding language to clarify timing for the juvenile’s advisement and changing some wording. The changes to Rule 3.7 were much more extensive, detailing procedures for juvenile detention and court oversight of the detainer. New Rule 3.9, “Counsel,” deals with appointed counsel in juvenile delinquency proceedings, and includes provisions for appointment of counsel, waiver of counsel, and withdrawal of counsel. Click here for a redline of the changes to the Rules of Juvenile Procedure.
In addition to the rules changes, two Chief Justice Directives were amended to comply with HB 14-1032. The Colorado Supreme Court amended CJD 04-04 and added new CJD 14-01. CJD 04-04 was amended to eliminate specified procedures related to the appointment of counsel in juvenile delinquency proceedings. CJD 14-01 was added to adopt new procedures for the appointment of defense counsel in juvenile delinquency proceedings. Both CJDs are effective November 1, 2014.
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.