October 23, 2017

Colorado Rules of Civil Procedure Amended in Rule Change 2016(01)

On Thursday, February 4, 2016, the Colorado Supreme Court posted Rule Change 2016(01), adopted January 29, 2016. The rule change affects several of the Colorado Rules of Civil Procedure, and there are various effective dates for the changes.

C.R.C.P. 10 was changed to specify that footnotes should be in 12 point font and motions should be double-spaced. The comment to § 1-12 of Rule 121 was changed to include oral discovery in its scope. Rule 121, § 1-15, was revised significantly, changing several of the specifications for word and page limits of motions and addressing when the court should rule on motions. The comment to § 1-15 was also changed to explain some of the revisions. The changes to Rule 10 and §§ 1-12 and 1-15 of Rule 121 apply to motions filed on or after April 1, 2016.

C.R.C.P. 23, “Class Actions,” was amended by the addition of a new subsection (g), dealing with residual funds left after class action settlements. The changes to Rule 23 are effective for all class settlements approved by the court on or after July 1, 2016.

Rules 103 and 403 dealing with garnishments in district and county court were amended to provide that for pro se judgment creditors, indebtedness must be paid into the registry of the court, whereas judgment creditors represented by attorneys and collection agencies may receive funds directly. The Writ of Garnishment form was amended accordingly. These changes are effective March 1, 2016.

The amendment to Rule 359, “New Trials; Amendment of Judgments,” changed the deadline for appeal from 21 days to 14 days. The change is effective April 1, 2016.

Finally, Form 35.1, “Mandatory Disclosure,” was changed significantly. Most of the changes clarified required disclosures when a decree has been filed, specifying that only documents filed or prepared since the entry of the decree need be disclosed. These changes are effective April 1, 2016.

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

Rule Change 2015(07) Amends Pro Hac Vice Rules

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.

Changes to Colorado Rules of Civil Procedure, Rules for Magistrates, and County Court Civil Procedure Announced

On Wednesday, January 8, 2014, the Colorado State Judicial Branch announced the final rules changes of 2013, Rule Change 2013(17) and Rule Change 2013(18), amended and adopted by the supreme court on December 31, 2013.

Rule Change 2013(17) amends § 1-26 of C.R.C.P. 121 and Rule 305.5 of the Colorado Rules of County Court Civil Procedure. The changes outline amended procedures for use of the state’s electronic filing system, ICCES, by pro hac vice or other out-of-state attorneys. The Comments to these rules have also been amended to reflect that ICCES is now the official e-filing system for Colorado.

Rule Change 2013(18) amends § 1-15 of C.R.C.P. 121 and Rule 7 of the Colorado Rules for Magistrates. The changes to C.R.C.P. 121 amend the time in which affidavits may be filed in support of motions. The changes to C.R.M. 7 specify that an order that effectively ends a case shall be subject to de novo review.

For the complete list of the Colorado Supreme Court’s rules changes, click here.

Changes to Rules of Civil Procedure, Probate Procedure, and County Court Civil Procedure Issued by Supreme Court

On Wednesday, October 16, 2013, the Colorado Supreme Court released Rule Changes 2013(13), 2013(14), and 2013(15), amending the Colorado Rules of Civil Procedure, the Colorado Rules of Probate Procedure, and the Colorado Rules of County Court Civil Procedure.

Rule Change 2013(13) amended Rule 411, “Appeals,” of the Colorado Rules of County Court Civil Procedure. The time limit for filing a Notice of Appeal and Appeal Bond was reduced from 21 days to 14 days. The time limit for filing objections to the record on appeal was also reduced from 21 days to 14 days.

Rule Change 2013(14) added Rule 37, “Discovery,” of the Colorado Rules of Probate Procedure. The rule establishes provisions and structure for conducting discovery in proceedings under Title 15 of the Colorado Revised Statutes.

Rule Change 2013(15) amended Form 1, “Summons,” of the Appendix to Chapters 1-17A of the Colorado Rules of Civil Procedure. The form now contains a warning to the recipient including information about responding to the summons and the content of the summons.

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

Colorado Rules of Civil and County Court Civil Procedure Amended by Supreme Court

On Friday, June 14, 2013, the Colorado Supreme Court issued Rule Change 2013(07), approved and effective June 7, 2013. The rule change enumerates changes to Rules 103 and 121 of the Colorado Rules of Civil Procedure, and Rules 403 and 411 of the Colorado Rules of County Court Civil Procedure.

The changes to C.R.C.P. 103 and County Court Rule 403 concern court orders on writs of garnishment. Language was added to both rules to clarify that judgment debtors may pay their indebtedness to pro se judgment creditors into the registry of the court, while they should forward their payment to the attorneys or collection agencies representing judgment creditors if the judgment creditors are represented.

C.R.C.P. 121, § 1-15, “Determination of Motions,” was amended to add language to subsection 10 excepting orders requiring the signatures of parties as required by rule or statute to the rule about proposed orders.

County Court Rule 411, “Appeals,” was amended to revise the language about lodging the record with the clerk so that it now must be filed 42 days after the filing of the notice of appeal. Previously, the language said that it must be filed 42 days after the judgment.

For a complete list of the Colorado Supreme Court’s 2013 rules changes, click here.

Electronic Filing Rule Under C.R.C.P. 121 and Rule 305.5 Amended by Colorado Supreme Court

On May 9, 2013, the Colorado Supreme Court issued Rule Change 2013(04). The changes affect C.R.C.P. 121, § 1-26, and Rule 305.5 of the Colorado Rules of County Court Civil Procedure.

The rule change deletes language from C.R.C.P. 121 and Rule 305.5 regarding addresses and contact information in the e-service database. The rule changes clarify that service must be made pursuant to C.R.C.P. 4 and 5, and delete the requirement that the serving party or serving party’s attorney must provide the best known address for each party served.

For a redline of the changes to C.R.C.P. 121, § 1-26, and Rule 305.5 of the Colorado Rules of County Court Civil Procedure, click here. For a complete list of the Supreme Court’s 2013 rule changes, click here.

Service, Process, and Electronic Filing Rules Amended by Colorado Supreme Court

On July 2, 2012, the Colorado Supreme Court released numerous updates to the Colorado Rules of Civil Procedure and the Colorado Rules of County Court Civil Procedure dealing with process, service of process, and the filing of pleadings. Amendments were made to the following rules:

  • CRCP Rule 4 – “Process”
  • CRCP Rule 5 – “Service and Filing of Pleadings and Other Papers”
  • CRCP Rule 121, Section 1-26 – “Electronic Filing and Serving System”
  • CRCCCP Rule 304 – “Service of Process”
  • CRCCCP Rule 305.5 – “Electronic Filing and Serving”

These amendments were adopted on June 21 and are effective immediately.

Click here to review the red line changes to these civil procedure rules, outlined as Rule Change 2012(10).

Colorado Rules of County Court Civil Procedure Are Amended

The Colorado Supreme Court recently made two amendments to the Colorado Rules of County Court Civil Procedure.

The first change, to Rule 307, “Motions and Pleadings,” deleted in its entirety subsection (b) regarding motions. The second change, to Rule 354, “Judgments; Costs,” made a minor change to the Rule’s language.

Redlines for both Rules changes appear in Rule Change 2010(6) (pdf), and were approved by the court, en banc, on April 5, 2010. The changes went into effect immediately.