May 23, 2013

HB 13-1294: Confirming that the State Judicial Department is a Covered Governmental Entity Under the CGIA

On April 8, 2013, Rep. Bob Gardner and Sen. Lucia Guzman introduced HB 13-1294 - Concerning a Clarification that the State’s Judicial Department is Included within the Definition of “Public Entity” for Purposes of the “Colorado Governmental Immunity Act.”  This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In 2012, the general assembly enacted legislation that had the inadvertent effect of removing the state’s judicial department from the definition of “public entity” for purposes of the “Colorado Governmental Immunity Act” (CGIA). The bill modifies the definition of “public entity” under the CGIA to clarify that it includes the state’s judicial department.

On April 16, the Judiciary Committee referred the bill to the full House for consideration on 2nd Reading.

Since this summary, the bill passed Second and Third Readings in the House and was introduced in the Senate, where it was assigned to the Judiciary Committee.

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 State Judicial Branch Partners with File & Serve Xpress for Rollout of ICCES Filing System

The Colorado State Judicial Branch announced on Thursday, December 13, 2012, that it would partner with File & Serve Xpress, formerly known as LexisNexis File & Serve, in order to ensure a smooth transition to its new ICCES filing system.

The implementation of the ICCES filing system will be effective in all judicial districts in Colorado by June 3, 2013. It is set to begin in the Second Judicial District on January 7, 2013, and there is a staggered implementation schedule for the counties. It is fully operational, and is currently being used in the Fourteenth, Seventeenth, and Twentieth Judicial Districts.

File & ServeXpress will provide e-filing services to the judicial districts until ICCES is brought online. Pricing for e-filing with File & ServeXpress will remain the same as it was under LexisNexis and to e-file with ICCES.

For more information on ICCES, click here, and for the staggered schedule of implementation for ICCES, click here.

New Ralph L. Carr Colorado Judicial Center To Welcome First Residents — the Colorado Supreme Court, Court of Appeals, Supreme Court Library, and Office of the State Court Administrator

On Monday, December 3, 2012, the Colorado State Judicial Branch announced that the Colorado Supreme Court, Colorado Court of Appeals, Supreme Court Library, and Office of the State Court Administrator will be moving into the newly constructed Ralph L. Carr Colorado Judicial Center on December 15 and 16, 2012.

In anticipation of the move, the Supreme Court and Court of Appeals will close at 4 p.m. on Friday, December 14. They will reopen in their new location on Wednesday, December 19. Any deadlines for filings on December 17 or 18 in either court are automatically extended to December 19. The Supreme Court will not announce any decisions on December 17 and the Court of Appeals will not announce any decisions on December 20.

The Supreme Court and Court of Appeals will stop checking out records on Friday, December 7, and will not accept records for return or filing until Friday, December 21. Any records with a due date during this time period are automatically extended until December 21.

The Supreme Court Library closed on November 23, and will also reopen on December 19. The Office of the State Court Administrator will close on Friday, December 14, and will reopen on Monday, December 17.

Additionally, a media tour of the new Justice Center is being planned for Tuesday, December 11. Details will follow on the State Judicial website. For more information regarding the move to the new Justice Center, click here.

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.

State Judicial Announces Vacancies on Several Judicial Nominating Commissions

The Colorado State Judicial Branch announced 11 vacancies for attorneys on nominating commissions in 9 judicial districts. The application period opened Friday, September 21, and applications are due by 5 p.m. on October 22, 2012.

Each judicial district has a nominating commission comprised of three attorneys and four non-attorneys. No more than half of the members plus one may have the same political affiliation, and applicants must reside in the judicial district for which they seek appointment. Attorneys serve on the nominating commission as volunteers.

The judicial districts with vacancies on the nominating commissions are:

  • 6th Judicial District (applicant cannot be a registered Democrat);
  • 7th Judicial District (applicant must reside in Montrose County);
  • 11th Judicial District (applicant must reside in Chaffee or Fremont County);
  • 12th Judicial District (two vacancies; applicants must reside in Alamosa, Saguache, or Conejos County);
  • 13th Judicial District (applicant must reside in Kit Carson County);
  • 15th Judicial District;
  • 18th Judicial District;
  • 20th Judicial District (applicant cannot be a registered Democrat); and
  • 22nd Judicial District (two vacancies).

Applications may be found on the State Judicial website. They must be turned in to Cheryl Stevens via email (cheryl.stevens@judicial.state.co.us), fax (303-861-7429), or regular mail (100 W. Colfax Ave., Ste. 800, Denver, CO 80203).

Further information about the vacancies is available here from State Judicial.

“Notice and Payment for Cost of Care of Animals” Form Revised by Colorado State Judicial Branch

The Colorado State Judicial Branch revised one JDF form in September, “Notice and Payment for Cost of Care of Animals,” under the criminal category.

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.

CRIMINAL

  • JDF 228 - “Notice and Payment for Cost of Care of Animals Pursuant to § 18-9-202.5, C.R.S.” (Revised 9/12)

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

 

Revised Adoption, Appeals, Civil Court, and Juvenile Forms Issued by Colorado State Judicial

The Colorado State Judicial Branch has continued to revise forms through July and August. The most recently revised forms include forms from the adoption, appeals, county civil, district civil, and juvenile categories. Practitioners should begin using the revised forms immediately.

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.

ADOPTION

  • JDF 501 – “Petition for Adoption” (Revised 7/12)
  • JDF 502 – “Petition for Stepparent Adoption” (Revised 7/12)
  • JDF 503 – “Petition for Custodial Adoption” (Revised 7/12)
  • JDF 505 – “Petition for Kinship Adoption” (Revised 7/12)

APPEALS

  • JDF 638 – “Complaint for Review of Administrative Action of the Colorado Department of Corrections” (Revised 8/12)
  • JDF 235 – “Notice of Record Certified to County Court – E-470 Case” (Revised 7/12)

COUNTY CIVIL

  • JDF 421 – “Petition for Change of Name of Minor Child” (Revised 7/12)

DISTRICT CIVIL

  • JDF 620 – “Instructions for Filing a Response to a Rule 120 Notice” (Revised 7/12)

JUVENILE

  • JDF 542 –  ”D&N Motion for Special Action” (Revised 7/12)
  • JDF 543 – “Order Regarding D&N Motion for Special Action” (Revised 7/12)
  • JDF 544 – “D&N Report of Special Action” (Revised 7/12)

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

Colorado State Judicial Branch Revises Several Forms in Many Categories

This is Part 4 of 4 posts about new forms from State Judicial. Click here for Part 1, here for Part 2, and here for Part 3.

The Colorado State Judicial Branch issued several revised forms in July across multiple practice areas. These include instructions for county court civil and small claims, instructions for filing county court criminal appeals, instructions and a form for appealing property tax determinations, eviction/FED forms, garnishment forms, and more. Practitioners should begin using the new forms immediately.

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 126 – “Instructions to File a Small Claims or County Court Civil Appeal” (Revised 7/12)
  • JDF 221 – “Instructions for Filing a County Court Criminal Appeal (For Defendant/Appellant Only)” (Revised 7/12)
  • JDF 610 – “Complaint for Judicial Review Pursuant to 24-4-106 C.R.S. and Request for Stay and Designation of Record” (Revised 7/12)
  • JDF 605 – “Instructions for Appealing Property Tax Assessment” (Revised 7/12)
  • JDF 606 – “Petition to Appeal Property Tax Assessment” (Revised 7/12)

County Civil

  • JDF 100 – “Instructions for Forcible Entry and Detainer (FED)/Evictions” (Revised 7/12)
  • CRCCP 1A – “Summons in Forcible Entry & Unlawful Detainer” (Revised 7/12)
  • JDF 97 – “Notice to Quit” (Revised 7/12)
  • JDF 99 – “Complaint in Forcible Entry and Detainer” (Revised 7/12)
  • JDF 103 – “Writ of Restitution” (Revised 7/12)
  • JDF 140 – “Instructions for Mobile Home FED” (Revised 7/12)

County Civil / District Civil

  • JDF 82 – “Instructions on How to Collect a Judgment and Completing a Writ of Garnishment” (Revised 7/12)
  • Form 26 – “Writ of Continuing Garnishment” (Revised 7/12)
  • Form 29 – “Writ of Garnishment with Notice of Exemption and Pending Levy” (Revised 7/12)
  • Form 31 – “Writ of Garnishment for Support” (Revised 7/12)
  • Form 32 – “Writ of Garnishment – Judgment Debtor Other Than Natural Person” (Revised 7/12)
  • Form 33 – “Writ of Garnishment in Aid of Attachment” (Revised 7/12)
  • Form 34 – “Notice of Levy” (Revised 7/12)

Criminal

  • JDF 370 – “Appearance Bond” (Revised 6/12)
  • JDF 371 – “Consent of Surety” (Revised 7/12)
  • JDF 375 – “Surety Request – Show Cause Hearing” (Revised 7/12)

Small Claims

  • JDF 248 – “Small Claims Instructions” (Revised 7/12)
  • JDF 250 – “Notice, Claim, and Summons to Appear for Trial” (Revised 7/12)

For all of State Judicial’s forms, click here.

Colorado State Judicial Branch Revises Nine Water Law Forms

This is Part 3 of 4 posts about new forms from State Judicial. Check back soon for more updates, and click here for Part 1 and here for Part 2.

The Colorado State Judicial Branch revised 9 forms in the Water Law area in July, including applications for water rights and surface rights, applications to change water rights, a pleading regarding the referee’s ruling, and a Denver basin application. Practitioners should begin using the new forms immediately.

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.

Water

  • JDF 295W – “Standardized Instructions for All Colorado Water Court Divisions” (revised 7/12)
  • JDF 296W – “Application for Water Rights (Surface)” (revised 7/12)
  • JDF 297W – “Application for Water Storage Right” (revised 7/12)
  • JDF 298W – “Application for Underground Water Right” (revised 7/12)
  • JDF 299W – “Application for Change of Water Right” (revised 7/12)
  • JDF 300W – “Application for Finding of Diligence or to Make Absolute” (revised 7/12)
  • JDF 301W – “Application for Approval of Plan for Augmentation” (revised 7/12)
  • JDF 302W – “Pleading: In Protest To/In Support of Referee’s Ruling” (revised 7/12)
  • JDF 308W – “Denver Basin Application” (revised 7/12)

For a complete list of Water forms from State Judicial, click here.

Protected

2013-05-23 08:27:19