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Workers’ Compensation – Notice of Rulemaking Hearing

October 10, 2012 by Leave a Comment

The Division of Workers’ Compensation will hold a public hearing on Thursday, November 15, 2012, to discuss the proposed amendments to Rule 17 of the Workers’ Compensation Rules of Procedure regarding traumatic brain injuries.

The purpose of the proposed amendments is to revise and update procedures, recommendations, and implementations in the Medical Treatment Guidelines that address traumatic brain injuries; to update diagnosis, treatment, and testing criteria; to revise grammar and terminology; and to change exhibits in order to make them more consistent with other exhibits in the Medical Treatment Guidelines.

Any interested party is invited to appear at the hearing and testify or to submit written data, arguments or position papers to Paul Tauriello, Director of the Division of Workers’ Compensation. Written submissions should be submitted to the Director prior to the hearing on November 15, 2012.

Proposed rule revisions, the proposed statement of basis and purpose and a regulatory analysis are available here.

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Comment Period Open for Changes to Federal Rules of Practice and Procedure

September 25, 2012 by Leave a Comment

The United States Courts has opened the public comment period for several proposed changes to the Federal Rules of Practice and Procedure. Comments must be submitted in writing by February 15, 2013.

The changes affect the Federal Appellate, Bankruptcy, Criminal, and Evidence rules. They were approved for publication by the Judicial Conference Advisory Committees on the Appellate, Bankruptcy, Criminal, and Evidence Rules on June 11, 2012, and the public comment period opened August 15, 2012.

The following rules were affected by the proposed changes:

  • Federal Rules of Appellate Procedure, Rule 6;
  • Federal Rules of Bankruptcy Procedure, Rules 1014(b), 7004(e), 7008, 7012, 7016, 7054, 8001-8028, 9023, 9024, 9027, and 9033, and Offiical Forms 3A, 3B, 6I, 6J, 22A-1, 22A-2, 22B, 22C-1, and 22C-2;
  • Federal Rules of Criminal Procedure, Rules 5(d) and 58;  and
  • Federal Rules of Evidence, Rules 801(d)(1)(B) and 803(6), (7), and (8).

A PDF of the changes can be found here. Comments must be submitted to the Advisory Committees in writing, and will be reviewed then made part of the public record. All comments can be viewed through the U.S. Courts website by clicking the links to the Rules sets.

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Tenth Circuit Proposes Changes to Local Rules for 2013 and Seeks Comment

August 20, 2012 by Leave a Comment

On January 1, 2013, new local rules for the United States Court of Appeals for the Tenth Circuit will take effect. From August 14 through October 17, the court invites comment and feedback from all interested parties on this year’s proposed changes. Please take a moment to review the changes below.

Comments may be emailed to the Court. In addition, interested parties are invited to call the office of the Clerk at (303) 844-3157 with any questions they may have. A final version of the rules will be posted on the court’s website on or around November 26, 2012.

Additionally, changes to Federal Rules of Appellate Procedure will take effect on December 1, 2012. These changes are also outlined in the documents below.

Tenth Circuit Proposed Local Rules Changes for 2013

Every year the court reviews the rules to identify places where language can be updated for clarity and to reflect technical advances and requirements. This year several changes are proposed in this regard. In addition, practitioners should note proposed changes for this year include eliminating certain requirements regarding attaching materials to docketing statements. The proposed rules call for eliminating all attachments except the order(s) on appeal. In addition, the docketing statement form has been streamlined. Practitioners will see all of the proposed language and form changes in the redline version of the rules.

Additional changes include:

1)  10th Cir. R. 3.4 (exempting pro se litigants from filing docketing statements)

This proposal eliminates the rule requirement that pro se parties file docketing statements.

2)  10th Cir. R. 29.1 (time for filing amici briefs on rehearing)

This proposal clarifies procedures for filing amici briefs on rehearing. Specifically, the proposal makes clear when those briefs must be filed. The language of the proposed local rule tracks the language found in Fed. R. App. P. 29(e).

3)  10th Cir. R. 30.1(C) (reminder regarding large appendices)

This proposal adds language to clarify and remind parties that large appendices should be broken down into manageable volumes.

4)  10th Cir. R. 31.3(B) (statement of separate briefs)

This proposed change clarifies the language already found in the local rule and notes that where there are multiple parties on one side, and only one of those parties is a nongovernmental entity, that party need not include a “separate brief” statement (because governmental entities are exempt from this requirement).

5)  10th Cir. R. 39.1 (maximum rates for bills of cost)

This proposed change relates to the “per page” amount the court will allow, under Federal Rule of Appellate Procedure 39, in awarding costs to a prevailing party for copying charges. The current rule allows parties to seek up to 50 cents per-page in copying charges. The proposal is to change the amount to $0.20 per page. The change puts the 10th Circuit into closer alignment with the rest of the circuits’ local rules in this area.

Click here to review a memorandum from the Tenth Circuit regarding the changes.

Click here to read a complete draft of the rules.

Click here to read a complete draft of the rules including red line edits.

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Secretary of State Proposes Amendments to Election Rules

June 19, 2012 by Leave a Comment

The Colorado Secretary of State is considering amendments to the election rules “in order to improve the administration and enforcement of Colorado elections law.” Specifically, the Secretary is considering rules necessary to implement amendments to the election laws made during the 2012 legislative session.

Additional rule revisions concern changes to an elector’ s voter registration status, permanent adoption of current temporary election rules, mail ballot elections, mail-in voting, procedures for processing changes to voter records in the statewide voter registration database, procedures for processing mail, mail-in, and provisional ballots, canvass board processes including the board’s role and duties, and technical corrections.

A hearing on the proposed rule changes will be held on Monday, July 23, 2012 at the Secretary of State’s Office, Aspen Conference Room – 3rd Floor, 1700 Broadway, Denver, Colorado 80290, beginning at 2:00 pm.

Full text of the proposed rule changes can be found here. Further information about the rule changes and hearing can be found here.

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SB 12-175: Updating Time Computations of Statutorily Based Court Rules to Conform with “Rule of Seven”

April 30, 2012 by Leave a Comment

On April 20, 2012, Sens. Morgan Carroll and Ellen Roberts and Reps. Bob Gardner and Crisanta Duran introduced SB 12-175 – Concerning Statutorily Established Time Intervals. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The long awaited and much anticipated bill of the session is here!

Introduced on Friday, April 20 and scheduled for Senate Judiciary on Monday, April 23, SB 175 – Concerning statutorily established time intervals is ready for prime time.

Background and Purpose:

On January 1, 2012 the Colorado Supreme Court adopted time interval/time computation rules that impact various areas of the practice of law. In conjunction with the pure court rules there are numerous Court Rules that have a statutory basis. Legislation is required to bring the statutorily based court rules in line with the new court rules that were adopted in January.

The Colorado Bar Association (CBA) involvement with this bill has been along the lines of “assisting” the Supreme Court’s Civil Rules Committee with the passage of legislation that amends the statutorily based civil rules. The CBA has been working on the bill draft to make sure that we amend all the statutes that impact Court Rules. Our substantive sections of the CBA have been pouring over the bill draft for weeks in an effort to bring forth the most comprehensive bill draft possible. This bill is 100% technical. Nothing in it provides advantages to one party in a case over another; it merely changes time intervals and time computations for cases filed in Colorado courts.

The new rules and the proposed statutory changes that we bring are patterned after recent reform of the Federal Rules (trial court and appellate) that were approved by the U.S. Supreme Court and the U.S. Congress in 2009. As in the Federal Rule concept, a day is a day, and because calendars are divided into seven-day week intervals, groupings of days are in seven-day intervals, sometimes referred to as “Rule of 7.” Groupings of less than seven days are left as they are because such smaller numbers do not interfere with the underlying concept.

Historically, state court rules have patterned federal rules because practitioners often practice in both court systems. It is particularly desirable to have similar time interval/time computation systems. The proposed concept differs from the Federal system in one respect: the Federal Rules have retained the three-days-for-service feature, whereas the proposed state court rule eliminates it. This is largely due to the fact that near universal mandatory e-filing/serving makes the three-days-for-service unnecessary and not worth the additional confusion it adds to the process.

Since this summary, the bill passed a Second Reading in the Senate with amendments.

Summaries of other featured bills can be found here.

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e-Legislative Report: Week Fifteen, April 23, 2012

April 26, 2012 by Leave a Comment

In this week’s Legislative Video Update, the budget bill wrapped up with unprecedented support in the senate. Plus, Michael Valdez explains why you better brush up on your seven-day times table.

From the CBA Legislative Policy Committee

The Legislative Policy Committee met on Friday, April 20 but did not take any new positions on legislation.

From the Capitol

The long awaited and much anticipated bill of the session is here!

Introduced on Friday, April 20 and scheduled for Senate Judiciary on Monday, April 23, SB 12-175 – Concerning statutorily established time intervals is ready for prime time.

Background and Purpose:

On January 1, 2012 the Colorado Supreme Court adopted time interval/time computation rules that impact various areas of the practice of law. In conjunction with the pure court rules there are numerous Court Rules that have a statutory basis. Legislation is required to bring the statutorily based court rules in line with the new court rules that were adopted in January.

The Colorado Bar Association (CBA) involvement with this bill has been along the lines of “assisting” the Supreme Court’s Civil Rules Committee with the passage of legislation that amends the statutorily based civil rules. The CBA has been working on the bill draft to make sure that we amend all the statutes that impact Court Rules. Our substantive sections of the CBA have been pouring over the bill draft for weeks in an effort to bring forth the most comprehensive bill draft possible. This bill is 100% technical. Nothing in it provides advantages to one party in a case over another; it merely changes time intervals and time computations for cases filed in Colorado courts.

The new rules and the proposed statutory changes that we bring are patterned after recent reform of the Federal Rules (trial court and appellate) that were approved by the U.S. Supreme Court and the U.S. Congress in 2009. As in the Federal Rule concept, a day is a day, and because calendars are divided into seven-day week intervals, groupings of days are in seven-day intervals, sometimes referred to as “Rule of 7.” Groupings of less than seven days are left as they are because such smaller numbers do not interfere with the underlying concept.

Historically, state court rules have patterned federal rules because practitioners often practice in both court systems. It is particularly desirable to have similar time interval/time computation systems. The proposed concept differs from the Federal system in one respect: the Federal Rules have retained the three-days-for-service feature, whereas the proposed state court rule eliminates it. This is largely due to the fact that near universal mandatory e-filing/serving makes the three-days-for-service unnecessary and not worth the additional confusion it adds to the process.

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Proposed Rule Change to Colorado Rules of Criminal Procedure 32.2(c)(1)

March 16, 2012 by Leave a Comment

The Colorado Supreme Court is proposing changes to Crim.P. 32.2(c)(1) an is seeking comments on the amended rule. The revised rule will read:

(c)  Appellate Procedure.

(1) Unitary Notice of Appeal.  The notice of appeal for the direct appeal and the notice of appeal for all post-conviction review shall be filed by unitary notice of appeal in the supreme court no later than WITHIN 7 days after the trial court’s order on post-conviction review motions, OR WITHIN 7 DAYS AFTER THE EXPIRATION OF THE DEADLINE FOR FILING POST-CONVICTION REVIEW MOTIONS IF NONE HAVE BEEN FILED.  The unitary notice of appeal need conform only to the requirements of sections (1), (2), (6) and (8) of C.A.R. 3(g).

An original plus eight copies of written comments concerning this rule change should be submitted no later than 5:00 pm on Monday, April 30, to: Christopher T. Ryan, Clerk of the Colorado Supreme Court, 101 W. Colfax Ave., Ste. 800, Denver, Colorado 80202.

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Proposed Repeal and Re-Adoption of Colorado Civil Procedure Rule 45 and Subpoena Form

February 23, 2012 by 1 Comment

The Colorado Supreme Court requests written public comments on the proposed repeal and re-adoption of Colorado Rules of Civil Procedure Chapter 5, Rule 45 and the Subpoena Form to be used with that Rule.

Click here to read the full proposal for the rule and form.

Interested persons should submit one original and eight copies of the written comments to Christopher Ryan, Clerk of the Supreme Court, 101 W. Colfax Ave., 8th Floor, Denver, Colorado, by Friday, June 29, 2012.

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State Board of Health Proposes Rule to Require Annual Influenza Vaccination for Certain Nursing Facility Personnel

February 1, 2012 by Leave a Comment

The Colorado State Board of Health has proposed a rule to require all acute care and long-term nursing care facilities to annually vaccinate personnel against influenza. All other licensed healthcare entities must assess their own clients, staff, and services and develop a written policy regarding influenza vaccination of its health care workers. All licensed healthcare entities will be required to annually report their influenza vaccination rates to the Department.

A hearing on the proposed rule will be held on Wednesday, February 15, 2012 at the Department of Public Health and Environment, Building A, Sabin-Cleere Conference Room, 4300 Cherry Creek Drive South, Denver, Colorado 80246, beginning at 10:00 am.

Full text of the proposed rule can be found here. Further information about the rule and hearing can be found here.

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Public Domain Citation Format Proposed for Colorado Supreme and Appeals Court Published Opinions

November 15, 2011 by 1 Comment

The Colorado Supreme Court is requesting written public comments by any interested person on a Proposal to Adopt a Public Domain Citation Format For Colorado Supreme Court and Court of Appeals Published Opinions.

Given the increasing amount of legal research being conducted via the internet and other electronic resources and the desire to promote equal access to Colorado’s system of justice, the Colorado Supreme Court and the Colorado Court of Appeals are proposing to adopt a public domain citation format that will support the use of Colorado case law in both book and electronic formats.

It is proposed that beginning January 1, 2012, the Clerk of the Colorado Supreme Court and the Clerk of the Colorado Court of Appeals shall assign to all opinions announced for publication a citation that shall include:

  1. The calendar year in which the opinion is announced;
  2. Followed by the Colorado U.S. Postal Code “CO” for opinions issued by the Colorado Supreme Court, or followed by the Colorado U.S. Postal Code “CO” and the abbreviation “App.” for published opinions announcedby the Court of Appeals; and
  3. Followed by a consecutive Arabic numeral, beginning in each new calendar year with the number “1”; for example: “2012 CO 1” for the first opinion announced by the Colorado Supreme Court in 2012, and “2012 CO App. 1” for the first published opinion announced by the Colorado Court of Appeals in 2012.

This public domain citation shall appear on the title page of each published opinion announced by the Court and by the Court of Appeals. All publishers of Colorado Supreme Court and Colorado Court of Appeals materials are requested to include this public domain citation within the heading of each opinion they publish.

Opinions that are not designated for official publication by the Court of Appeals will  not be assigned a public domain citation.

Proper Bluebook public domain citations would appear as follows:

  • Colorado Supreme Court:
  • Primary citation:
    • Smith v. Jones, 2012 CO 22, 989 P.3d 1312.
  • Primary citation with pinpoint citation:
    • Smith v. Jones, 2012 CO 22, ¶¶ 13–14, 989 P.3d 1312, 1314.
  • Subsequent citation with pinpoint citation:
    • Smith, ¶¶ 13–14, 989 P.3d at 1314.
  • Id. citation with pinpoint citation:
    • Id. at ¶¶ 13–14,1314.
  • Colorado Court of Appeals:
  • Primary citation:
    • Jones v. Smith, 2012 CO App. 35, 634 P.3d 125.
  • Primary citation with pinpoint citation:
    • Jones v. Smith, 2012 CO App. 35, ¶¶ 44–45, 634 P.3d 125, 128.
  • Subsequent citation with pinpoint citation:
    • Jones, ¶¶44–45, 634 P.3d at 128.
  • Id. citation with pinpoint citation:
    • Id. at ¶¶44–45, 128.

Click here for further information about the new citation style, including how to cite modified opinions and withdrawn opinions.

An original plus eight copies of written comments concerning this proposal should be submitted to the Clerk of the Colorado Supreme Court, Christopher T. Ryan, 101 W. Colfax Ave., Suite 800, Denver, Colorado 80202, no later than Monday, December 12, 2011, by 5:00 pm.

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State Board of Health Amends Rules Regarding Medical Marijuana Indigency Qualification and Doctors’ Good Standing

October 12, 2011 by Leave a Comment

The Colorado State Board of Health has proposed amendments to the Medical Use of Marijuana rules. The amendments:

  • Modify the indigence standard to conform with HB 11-1043, to clarify how an indigent person can prove qualification; and
  • Clarify the definition of “in good standing” in accord with HB 11-1043, to better delineate the standard for when a doctor can prescribe medical marijuana to a patient.

A hearing on the amended rules will be held on Wednesday, November 16, 2011 at the Department of Public Health and Environment, Building A, Sabin-Cleere Conference Room, 4300 Cherry Creek Drive South, Denver, Colorado 80246, beginning at 10:00 am.

Full text of the proposed rule changes including line edits can be found here. Further information about the rules and hearing can be found here.

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Department of Labor and Employment Proposes Increase in Minimum Wage

October 11, 2011 by Leave a Comment

The Colorado Department of Labor and Employment has proposed to increase the minimum wage in Colorado. Pursuant to the inflation adjustment requirement of Article XVIII, Section 15, of the Colorado Constitution, the  state minimum wage will be raised to $7.64/hour and the state tipped employee minimum wage will be raised to $4.62/hour, effective January 1, 2012.

Current Colorado minimum wages are set at $7.36/hour and $4.34/hour for tipped employees.

A hearing on the amended rule will be held on Friday, November 4, 2011 at the Colorado Division of Labor, 633 17th Street, Second Floor, Denver, Colorado 80202, beginning at 2:00 pm.

Full text of the proposed rule change including line edits can be found here. Further information about the rule and hearing can be found here.

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