January 31, 2015

SB 15-016: Clarifying Changes to Civil Unions When Same-Sex Marriage Becomes Legal

On January 7, 2015, Sen. Pat Steadman introduced SB 15-016 — Concerning Marriages by Individuals who are Parties to a Civil Union, and, in Connection Therewith, Prohibiting Marriages in Circumstances in which One of the Parties is Already in a Civil Union with Another Individual, Addressing the Legal Effect of Parties to a Civil Union Marrying Each Other, Clarifying the Dissolution Process when Parties to a Civil Union Marry, and Amending the Bigamy Statute to Include Parties to a Civil Union. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill addresses issues that have arisen in Colorado regarding marriages by individuals who are in a civil union or who will enter into a civil union after recent court decisions have declared same-sex marriage bans, such as section 31 of article II of the state constitution, unconstitutional. The bill amends the statute on prohibited marriages to disallow a marriage entered into prior to the dissolution of an earlier civil union of one of the parties, except a currently valid civil union between the same 2 parties. The executive director of the department of public health and environment is directed to revise the marriage license application to include questions regarding prior civil unions. The bill states that the “Colorado Civil Union Act” (act) does not affect a marriage legally entered into in another jurisdiction between 2 individuals who are the same sex. The construction statute for the act is amended to clarify that it must not be construed to create a marriage, including a common law marriage, between the parties to a civil union. Two parties who have entered into a civil union may subsequently enter into a legally recognized marriage with each other by obtaining a marriage license from a county clerk and recorder in this state and by having the marriage solemnized and registered as a marriage with a county clerk and recorder. The bill states that the effect of marrying in that circumstance is to merge the civil union into a marriage by operation of law. A separate dissolution of a civil union is not required when a civil union is merged into a marriage by operation of law. If one or both of the parties to the marriage subsequently desire to dissolve the marriage, legally separate, or have the marriage declared invalid, one or both of the parties must file proceedings in accordance with the procedures specified in the “Uniform Dissolution of Marriage Act”. Any dissolution, legal separation, or declaration of invalidity of the marriage must be in accordance with the “Uniform Dissolution of Marriage Act”. If a civil union is merged into marriage by operation of law, any calculation of the duration of the marriage includes the time period during which the parties were in a civil union. The criminal statute on bigamy is amended, effective July 1, 2015, to include a person who, while married, marries, enters into a civil union, or cohabits in this state with another person and to include a person who, while still legally in a civil union, marries, enters into a civil union, or cohabits in this state with another person.

The bill was assigned to the Senate State, Veterans, & Military Affairs Committee, where it was postponed indefinitely on January 21, 2015.

Colorado Court of Appeals: Jury Instructions Erroneously Failed to Consider Parent’s Actions; Error Not Harmless

The Colorado Court of Appeals issued its opinion in People in Interest of J.G. on Wednesday, December 31, 2014.

Dependency and Neglect—Proof as to Each Parent.

In January 2014, the Fremont County Department of Human Services (FCDHS) learned that 5-year-old S.L. had told her parents that her half-brother, 11-year-old Jo.G., had touched her inappropriately while she was trying to sleep. Mother and Father immediately reported the incident to police. Investigation found that Jo.G. had also inappropriately touched his 8-year-old sister. Jo.G was criminally charged and moved to an offense-specific foster home.

FCDHS then filed a petition in dependency and neglect, alleging that all five of the children living in the home were dependent and neglected because the environment in which Jo.G. was able to sexually act out against his sisters was injurious to all of the children. Mother admitted that Jo.G was dependent and neglected, but denied the allegation as to the other four children, and requested a jury trial on the issue of their adjudication.

The jury found that although none of the children lacked proper parental care and none were homeless, each child’s environment was injurious to his or her welfare. Accordingly, the court adjudicated all as dependent and neglected.

On appeal, the Court of Appeals found that the court erred by providing jury instructions and a special verdict form that allowed the jury to determine the status of each child without considering each parent’s actions, availability, ability, andwillingness to provide reasonable parental care. The Court further concluded that the trial court’s errors were prejudicial to mother, and therefore constituted grounds for reversal. As instructed, the jury was permitted to find that a child’s dependent status in relation to any respondent parent was sufficient to find that the child was dependent and neglected as to all respondent parents. If properly instructed to separately examine the children’s status in relation to each parent, the jury might have concluded that the children’s environment was notinjurious to their welfare, because mother was available, willing, and able to provide reasonable parental care. Had the jury made such a determination, the children could not have been adjudicated as dependent and neglected.

Accordingly, the order was reversed and the case was remanded for a new adjudicatory trial. If FCDHS does not pursue adjudication, the order and decree of adjudication must be vacated and the petition dismissed.

Summary and full case available here, courtesy of The Colorado Lawyer.

JDF Forms Amended in Several Categories in November and December

The Colorado State Judicial Branch revised several forms and instructions in November and December 2014. Many categories were affected, including toll ticket appeals, juvenile delinquency, domestic relations, probate, forcible entry and detainer, and sealing cases. Amended forms are available here in PDF format, and are available for download as Word documents on State Judicial’s forms page.

APPEALS

  • JDF 234 – “Notice of Appeal and Designation of Record – E-470 Case” (revised 11/14)
  • JDF 235 – “Notice of Record Certified to County Court – E-470 Case” (revised 11/14)

CRIMINAL

  • JDF 219 – “Juvenile Delinquency Application for Public Defender” (revised 11/14)

DOMESTIC

  • JDF 1101 – “Petition for: Dissolution of Marriage/Legal Separation” (revised 12/14)
  • JDF 1201 – “Affidavit for Decree Without Appearance of the Parties (Marriage)” (revised 12/14)
  • JDF 1601 – “Petition for Declaration of Invalidity of Marriage” (revised 12/14)

EVICTIONS

  • JDF 100 – “Instructions for Forcible Entry and Detainer (FED)/Eviction” (revised 11/14)
  • JDF 140 – “Instructions for Mobile Home FED” (revised 11/14)

MISCELLANEOUS

  • JDF 450 – “Order re: Appointment of Counsel at State Expense Other Than the Public Defender in a Criminal or Juvenile Delinquency Proceeding” (revised 11/14)

PROBATE

  • JDF 730 – “Decree of Final Discharge” (revised 12/14)
  • JDF 810 – “Court Visitor’s Report” (revised 12/14)
  • JDF 824 – “Petition for Appointment of Guardian for Minor” (revised 12/14)
  • JDF 834 – “Guardian’s Report – Minor” (revised 12/14)
  • JDF 841 – “Petition for Appointment of Guardian for Adult” (revised 12/14)
  • JDF 850 – “Guardian’s Report – Adult” (revised 12/14)
  • JDF 861 – “Petition for Appointment of Conservator for Minor” (revised 12/14)
  • JDF 876 – “Petition for Appointment of Conservator for Adult” (revised 12/14)
  • JDF 878 – “Order Appointing Conservator for Adult” (revised 12/14)
  • JDF 885 – “Conservator’s Report” (revised 12/14)

SEAL MY CASE

  • JDF 301 – “Instructions to File an Expungement Juvenile “JV” Case, Criminal “CR” Case, or Municipal Case” (revised 12/14)

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

Colorado Court of Appeals: Default Judgment Improper Sanction for Nonappearance at Trial Where Attorney Present

The Colorado Court of Appeals issued its opinion in People in Interest of K.J.B. on Thursday, December 4, 2014.

Dependency and Neglect—Right to a Jury Trial—Appearance by Counsel but not Defendant.

The Park County Department of Human Services (department) took the subject child into protective custody, placed the child with her father, and filed a petition in dependency and neglect. Mother denied the allegations in the petition and requested a trial to the court. Shortly thereafter, mother filed two written demands for a jury trial. The court denied mother’s requests.

Until that point in the proceedings, mother had participated by telephone; however, she was ordered to personally appear for the adjudicatory trial. She failed to appear, but her counsel appeared on her behalf. The department requested that a default judgment be entered against mother for failing to personally appear. Without hearing evidence, the court sustained the department’s allegations under multiple provisions of CRS §19-3-102(1) and adjudicated the child dependent and neglected by default judgment. It also adopted a treatment plan for mother. Mother appealed the adjudicatory order.

Nonappearance at trial does not constitute a failure “to plead or otherwise defend,” and is not a reason on which entry of a default can be predicated. The court could have received evidence in mother’s absence and then rendered judgment. Because the trial court did not state the legal authority it relied on to enter default judgment against mother for failing to appear, the Court of Appeals inferred that the judgment was entered as a sanction against mother. Although the court has contempt powers under CRCP 107, the rule does not authorize default judgment as a sanction for contempt. The Court therefore held that the trial court exceeded its authority in entering the default judgment. The order was reversed and the case was remanded for a trial.

Summary and full case available here, courtesy of The Colorado Lawyer.

Various JDF Forms Amended in October and November

The Colorado State Judicial Branch continued amending JDF forms in October and November 2014, with updated forms released in the criminal, domestic relations, FED, probate, and miscellaneous categories. Forms are available for download here in PDF format, and are available in Word or PDF from the State Judicial forms page.

CRIMINAL

  • JDF 219 – “Juvenile Delinquency – Application for a Public Defender” (issued 11/14)

DOMESTIC RELATIONS

  • JDF 211 – “Request to Reduce Payment for ODR Services and Supporting Affidavit” (revised 10/14)

FORCIBLE ENTRY & DETAINER (FED)

  • JDF 100 – “Instructions for Forcible Entry and Detainer (FED)/Eviction” (revised 11/14)
  • JDF 140 – “Instructions for Forcible Entry and Detainer (FED)/Eviction for Owner Occupied Mobile Home” (revised 11/14)

MISCELLANEOUS

  • JDF 450 - “Order re: Appointment of Counsel at State Expense Other Than the Public Defender in a Criminal or Juvenile Delinquency Proceeding” (revised 11/14)

PROBATE

  • JDF 906 – “Instructions for Probate With a Will” (revised 10/14)
  • JDF 907 – “Instructions for Probate Without a Will” (revised 10/14)

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

Colorado Rules of Civil Procedure and Colorado Rules of Juvenile Procedure Amended

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 14-01CJD 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.

Colorado Court of Appeals: Separate Property Remained Separate Despite Use to Pay Marital Debts

The Colorado Court of Appeals issued its opinion in In re Marriage of Corak on Thursday, October 23, 2014.

Marital Property—Marital Debt Allocations.

Husband and wife entered into a prenuptial agreement identifying separate property that each had acquired before the marriage. This separate property included a parcel of husband’s property (Shoshone property). The agreement stated that all separate property would remain as such.

Shortly after marrying, husband and wife jointly bought a piece of property (Pinyon property). Husband pledged the Shoshone property as collateral for a home equity line of credit for the down payment on the Pinyon property and the funds to remodel it. Husband and wife agreed to apply $16,000 from the credit line to retire one of wife’s premarital credit card debts. Husband and wife agreed that wife would make payments toward the line of credit.

Wife testified at the permanent orders hearing that she had made all of the payments on the credit line during the marriage, even beyond the amount she had used to retire her separate debt. She also testified that she had paid down some of her other premarital debts. Husband testified he paid down his separate debt during his marriage and admitted he had not disclosed the debt in the prenuptial agreement.

The district court ruled that husband’s act of pledging the Shoshone property as collateral for the line of credit turned a portion of it into marital property. The Court of Appeals found this to be an issue of first impression in Colorado. In looking to other jurisdictions, the Court found cases concluding that using separate property to secure a loan does not change the pledged property into marital property. The case was remanded for the trial court to determine the division of marital property and marital debt after setting aside all of the Shoshone property as husband’s separate property.

The Court agreed with husband that he had initially asked the trial court to restore the marital funds wife had spent to retire her separate premarital debt to the marital estate and credit them to her. However, after review of the record, the Court concluded that husband had intentionally abandoned this argument. Because the Court found husband had abandoned his claim to have these funds allocated differently, the Court will not disturb the trial court’s findings on appeal.

Summary and full case available here, courtesy of The Colorado Lawyer.

Colorado Court of Appeals: Laches Does Not Apply to Actions to Recover Past-Due Child Support

The Colorado Court of Appeals issued its opinion in In re Marriage of Johnson on Thursday, October 23, 2014.

Child Support Arrearages.

Father’s marriage to mother ended in 1983. He was ordered to pay $400 in monthly child support for their two children. In September 2012, mother requested that judgment enter for $893,285 in child support arrearages and interest. Father objected, asserting that under the applicable twenty-year statute of limitations, mother could collect arrearages accruing only after September 1992. He requested a hearing to make that determination. The magistrate entered judgment for mother for the full amount requested, without addressing father’s contention or his hearing request.

Father petitioned for district court review of the order. The court ruled that the twenty-year statute of limitations applied, vacated the magistrate’s order, and remanded the matter for an evidentiary hearing. After the hearing, the magistrate rejected father’s argument that child support had terminated when their last child turned 19 in July 1995 and that lachesbarred mother’s right to collect interest. The magistrate entered judgment for $23,260 for arrearages between September 1992 and July 1997, when the parties’ last child turned 21, plus interest, resulting in a judgment of $155,000. The district court adopted the order.

On appeal, father argued that child support automatically terminated on July 17, 1995 and that the finding of $23,260 in arrearages lacked record support. At the time of the dissolution, child support was owed until a child emancipated, which presumptively was at age 21. In 1991, the applicable statute was amended to provide that emancipation occurs and child support terminates when a child turns 19. The amendment applied to all child support obligations established before July 1, 1991. Therefore, father’s child support obligation terminated on July 17, 1995, when the last child turned 19.

Father also argued that it was error to hold that laches did not apply as to the right to collect interest. Under CRS § 14-14-106, interest is specified on arrearages in child support and it is not discretionary. The Court of Appeals has previously held that laches does not apply “to actions for the recovery of past due child support.” At the hearing, father had acknowledged that he owed $4,800 in arrearages for the period between July 1994 and July 1995. On remand, the court was ordered to calculate interest under CRS § 14-14-106 on the $4,800 and enter judgment for mother accordingly.

Summary and full case available here, courtesy of The Colorado Lawyer.

JDF Forms Amended in Domestic, Probate, Miscellaneous, and Other Categories

The Colorado State Judicial Branch continued revising forms in August and September. Revised forms include many instructions in the domestic relations category, some probate forms, the flexible caption and other miscellaneous forms, the district civil cover sheet, and more.

Forms are available for download here as PDF documents. For Word versions of most of the forms, visit State Judicial’s Forms page.

DOMESTIC

  • JDF 1099 – “Instructions to File for a Dissolution of Marriage or Legal Separation if there are No Children of this Marriage or if Children are Emancipated” (revised 9/14)
  • JDF 1100 – “Instructions to File Dissolution of Marriage or Legal Separation With Children of this Marriage” (revised 9/14)
  • JDF 1220 – “Instructions to Register a Foreign Decree Pursuant to § 14-11-101, C.R.S.” (revised 9/14)
  • JDF 1266 – “Instructions to File for a Dissolution or Legal Separation of Civil Union if there are No Children of this Civil Union or the Children are Emancipated” (revised 9/14)
  • JDF 1268 – “Instructions to File for a Declaration of Invalidity of a Civil Union (Annulment)” (revised 9/14)
  • JDF 1413i – “Instructions for Allocation of Parental Responsibilities” (revised 9/14)
  • JDF 1600 – “Instructions to File for a Declaration of Invalidity of Marriage (Annulment)” (revised 9/14)

PROBATE

  • JDF 840 – “Instructions for Appointment of a Guardian – Adult” (revised 8/14)
  • JDF 862 – “Order Appointing Conservator for Minor” (revised 8/14)
  • JDF 921 – “Order Admitting Will to Formal Probate and Formal Appointment of Personal Representative” (revised 8/14)

MISCELLANEOUS

  • JDF 207 – “Request and Authorization for Payment of Fees” (revised 8/14)
  • Flexible Caption – “Standard Flexible Caption for Pleadings” (revised 8/14)

MONEY CASES

  • JDF 601 – “District Court Civil Cover Sheet” (revised 8/14)

NAME CHANGE

  • JDF 420 – “Instructions for Filing for a Change of Name (Minor)” (revised 9/14)
  • JDF 421 – “Petition for Change of Name (Minor Child)” (revised 9/14)

SEAL MY CASE

  • JDF 416 – “Instructions to File a Petition to Seal Arrest and Other Criminal Records Other Than Convictions” (revised 9/14)

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

Colorado Court of Appeals: Question of Prospective Harm Inappropriate for Summary Judgment in Dependency and Neglect

The Colorado Court of Appeals issued its opinion in People in Interest of S.N. on Thursday, September 11, 2014.

Parental Rights—Termination—Dependency and Neglect—Summary Judgment—Prospective Harm.

The Boulder County Department of Human Services (Department) removed S.N. from her parents’ custody at birth because a hearing on termination of parental rights involving the parents’ three older children was pending. The trial court adjudicated S.N. dependent and neglected by summary judgment based entirely on a theory of prospective harm.

On appeal, the parents argued that the trial court erred by granting summary judgment on the Department’s petition for dependency and neglect regarding S.N. There were material facts that could affect the determination of whether S.N. should be adjudicated dependent and neglected. Therefore, the question of prospective harm was inappropriate for summary judgment because the parent’s prior conduct alone can never be sufficiently predictive of future conduct to take the question from a trier of fact by summary judgment. The judgment was reversed and the case was remanded with directions.

Summary and full case available here, courtesy of The Colorado Lawyer.

Tenth Circuit: Doctors who Instituted Medical Hold to Prevent Child’s Discharge Not Entitled to Absolute Immunity

The Tenth Circuit Court of Appeals issued its opinion in Thomas v. Kaven on Tuesday, August 26, 2014.

M.T., the minor daughter of plaintiffs Legina and Todd Thomas, was placed in a mental health center after revealing suicidal ideation to a police officer who was interviewing her after her parents learned she may have been sexually assaulted. While in the hospital, M.T.’s doctors diagnosed her with a panoply of psychiatric disorders and wanted to start psychotropic medicine. Plaintiffs refused, concerned that the diagnoses were inaccurate and worried about serious side effects. The doctors reported Plaintiffs to the New Mexico Child, Youth, and Families Department (CYFD) for their resistance to M.T.’s treatment. After several weeks, Plaintiffs attempted to remove M.T. from the hospital, and the doctors instituted a medical hold to prevent Plaintiffs from removing M.T. The doctors and hospital initiated court proceedings five days later, but discharged M.T. after holding her for seven days because her insurance would no longer authorize treatment. The doctors again reported Plaintiffs to CYFD for medical neglect based on their decision not to medicate their child. M.T. returned to school and nothing came of the report.

Plaintiffs sued, alleging violations of 42 U.S.C. § 1983 based on violations of their Fourteenth Amendment right to direct their child’s medical care and right to familial association. The defendant doctors asserted absolute and qualified immunity and moved to dismiss. The district court granted the motion to dismiss, holding Defendants were entitled to qualified immunity. Plaintiffs appealed, arguing the district court erred in granting the motion to dismiss because their complaint alleged sufficient facts to sustain their claims of violations of their right to direct their child’s medical care and right to familial association.

The Tenth Circuit clarified that Defendants are not entitled to absolute immunity for seeking a judicial order regarding M.T.’s care. Defendants’ decision to prevent M.T.’s discharge was based on a medical hold that did not invoke the judicial process. The Tenth Circuit next evaluated whether dismissal was appropriate based on qualified immunity, which is usually applied at the summary judgment stage rather than in a motion to dismiss.

As to Plaintiffs’ claims that their right to direct their child’s medical care was violated, the Tenth Circuit disagreed, noting that Plaintiffs’ claim rested on Defendants’ report to CYFD, and since nothing ever came of the report, mere allegations were not enough to violate their parental rights. However, as to Plaintiffs’ claim of violation of the right to familial association, the Tenth Circuit determined Plaintiffs alleged sufficient facts to illustrate a violation. The Tenth Circuit could not tell from the record whether Defendants were entitled to qualified immunity and remanded for this determination.

The district court’s dismissal was affirmed in part, reversed in part, and remanded for further proceedings.

JDF Forms Revised in Domestic, Probate, Seal My Case, and Other Categories

The Colorado State Judicial Branch revised many forms in July and August 2014. Several summons forms in the Domestic Relations category were revised, and additions of Returns of Service and Waivers and Acceptance of Service were made available for download as Word documents to accompany the revised forms. A new category was added for sealing underage alcohol and marijuana cases for offenses occurring after July 1, 2014. Forms were also amended in the Adoption, DMV Appeal, Probate, Miscellaneous, and Water categories.

Forms are available for download here as PDF documents, and are available as Word documents or Word templates from State Judicial’s Forms page.

Adoption

  • JDF 506 – “Notice of Adoption Proceedings and Summons to Respond” (revised 8/14)

Appeals

  • JDF 599 – DMV Appeal – “Complaint for Judicial Review Pursuant to Title 42, C.R.S., Request for Stay and Designation of Record” (revised 8/14)

Domestic

  • JDF 1102 – “Summons for Dissolution of Marriage or Legal Separation” (revised 8/14)
  • JDF 1102(a) – “Waiver and Acceptance of Service” (8/14)
  • JDF 1102(b) – “Return of Service” (8/14)
  • JDF 1222 – “Summons for Registration of Foreign Decree” (revised 8/14)
  • JDF 1222(a) – “Waiver and Acceptance of Service” (8/14)
  • JDF 1222(b) – “Return of Service” (8/14)
  • JDF 1251 -“Summons for Dissolution of Civil Union or Legal Separation of Civil Union” (revised 8/14)
  • JDF 1262 – “Summons for Declaration of Invalidity of Civil Union” (revised 8/14)
  • JDF 1262(a) – “Waiver and Acceptance of Service” (8/14)
  • JDF 1262(b) – “Return of Service” (8/14)
  • JDF 1406 – “Motion to Modify/Restrict Parenting Time” (revised 8/14)
  • JDF 1414 – “Summons to Respond to Petition for Allocation of Parental Responsibilities” (revised 8/14)
  • JDF 1414(a) – “Waiver and Acceptance of Service” (8/14)
  • JDF 1414(b)- “Return of Service” (8/14)
  • JDF 1502 – “Summons in Paternity” (8/14)
  • JDF 1502(a)- “Waiver and Acceptance of Service” (8/14)
  • JDF 1502(b)- “Return of Service” (8/14)
  • JDF 1515 – “Summons to Disclaim Paternity” (revised 8/14)
  • JDF 1515(a)- “Waiver and Acceptance of Service” (8/14)
  • JDF 1515(b)- “Return of Service” (8/14)
  • JDF 1602 – “Summons for Declaration of Invalidity of Marriage” (revised 8/14)
  • JDF 1602(a)- “Waiver and Acceptance of Service” (8/14)
  • JDF 1602(b)- “Return of Service”

Guardianship/Conservatorship/Probate/Trust & Estate

  • JDF 998 – “Instructions for Completing Affidavit for Collection of Personal Property” (revised 8/14)
  • JDF 800 – “Acknowledgment of Responsibilities Conservator and/or Guardian” (revised 8/14)
  • JDF 848 – “Order Appointing Guardian for Adult” (revised 8/14)
  • JDF 861 – “Petition for Appointment of Conservator – Minor” (revised 8/14)
  • JDF 878 – “Order Appointing Conservator for Adult” (revised 8/14)
  • JDF 999 – “Collection of Personal Property by Affidavit” (revised 8/14)

Miscellaneous

  • JDF 36 – “Petition for Relief Pursuant to §13-5-142.5 OR §13-9-124 From Federal Firearms Prohibitions Imposed Pursuant to 18 U.S.C. §922(d)(4) and (g)(4)” (8/14)

Seal My Case

  • JDF 323 – “Instructions to File a Petition to Seal Records Related to Underage Possession or Consumption of Alcohol or Marijuana (MIP)” (8/14)
  • JDF 313 – “Petition to Seal Records Related to Underage Possession and Consumption of Underage Alcohol or Marijuana (MIP)” (8/14)
  • JDF 314 – “Order Regarding the Sealing of Records Related to Underage Possession or Consumption of Alcohol or Marijuana (MIP)” (8/14)
  • JDF 416 – “Instructions to File a Petition to Seal Arrest & Criminal Records” (revised 8/14)
  • JDF 417 – “Petition to Seal Arrest & Criminal Records” (revised 8/14)
  • JDF 418 – “Order to Seal Arrest & Criminal Records” (revised 8/14)
  • JDF 419 – “Order and Notice of Hearing (Sealing of Records)” (revised 8/14)
  • JDF 435 – “Order Denying Petition to Seal Arrest & Criminal Records” (revised 8/14)
  • JDF 611 – “Instructions to Seal Criminal Conviction Records” (revised 8/14)
  • JDF 612 – “Petition to Seal Criminal Conviction Records” (revised 8/14)
  • JDF 613 – “Order Denying Petition to Seal” (revised 8/14)
  • JDF 614 – “Order and Notice of Hearing” (revised 8/14)
  • JDF 615 – “Order to Seal Criminal Conviction Records” (revised 8/14)
  • JDF 617 – “Certificate of Mailing (Sealing and Conviction Actions)” (revised 8/14)

Water

  • JDF 295W – “Standardized Instructions for all Colorado Water Court Divisions” (revised 8/14)

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