September 2, 2014

Comment Period Open for Proposed Changes to 10th Circuit Local Rules

The Tenth Circuit Court of Appeals has proposed changes to its local rules, effective January 1, 2015. From August 22 through October 20, the comment period for these proposed changes will be open to all interested parties. Comments are welcome on all rules, but practitioners are encouraged to carefully review the appendix requirement in counseled civil cases and criminal cases where there is retained counsel.

In addition to the changes to the 10th Circuit Local Rules, a change to Rule 6 of the Federal Rules of Appellate Procedure regarding bankruptcy appeals will take effect December 1, 2014. The change addresses three areas: (1) it has been updated to include the latest numeric revisions to the bankruptcy rules; (2) language has been changed to address electronic records; and (3) references have been added to discretionary bankruptcy appeals.

The changes to Fed. R. App. P. 6 and the 10th Circuit Local Rules are available in a clean version and a redline. Comments may be submitted to the clerk of the 10th Circuit via email at 10th_Circuit_Clerk@ca10.uscourts.gov. Interested parties are welcome to call the clerk’s office with questions at (303) 844-3157.

Proposed Rule Changes to Water Court Rules 6 and 11

The Colorado Supreme Court Water Court Committee is seeking comments on proposed changes to Water Court Rule 6, “Referral to Referee, Case Management, Rulings, and Decrees,” and Rule 11, “Pre-Trial Procedure, Case Management, Disclosure, and Simplification of Issues.” A redline of the proposed changes is available here.

The Water Court Committee would like public comments before submitting its changes to the Colorado Supreme Court. Comments may be emailed to Justice Hobbs, the chair of the Water Court Committee, by 5 p.m. on June 13, 2014.

Comment Period Open for Proposed Changes to Rules of Professional Conduct and Rules of Civil Procedure

The Colorado Supreme Court has announced proposed changes to the Colorado Rules of Professional Conduct. The public comment period for proposed changes to Comment [2A] of Colo. RPC 8.4 and a proposed new Rule 8.6 is now open. Written comments should be submitted to Christopher Ryan, Clerk of the Supreme Court, no later than 5 p.m. on February 25, 2014. There will be a public hearing on these proposed changes on March 6, 2014, at 1:30 p.m. at the Colorado Supreme Court courtroom.

Proposed changes to the Colorado Rules of Civil Procedure were also announced. Changes to C.R.C.P. 54(d) and C.R.C.P. 121, § 1-22 are submitted for public comment. Comments should be submitted in writing to Christopher Ryan by 5 p.m. on April 15, 2014, and the public hearing on the proposed changes will be held on April 29, 2014, at 1:30 p.m. in the Colorado Supreme Court courtroom.

Additional changes to the Colorado Rules of Professional Conduct were also announced, concerning the repeal and readoption of Colo. RPC 1.15. Comments regarding this proposed change are due no later than 5 p.m. on Tuesday, May 20, 2014, and should be submitted in writing to Christopher Ryan. The public hearing regarding this change will be held on June 5, 2014, at 1:30 p.m. in the Colorado Supreme Court courtroom.

For more information on these proposed changes or for the address at which to submit written comments, click here.

U.S. District Court of Colorado Seeks Comments on Proposed Local Rule Changes

The United States District Court for the District of Colorado is seeking comments on proposed amendments to its Local Rules, which will go into effect on December 1, 2013. The proposed amendments can be found on the court’s website or can be obtained at the office of the Clerk of the Court at the Alfred A. Arraj U.S. Courthouse Annex located at 901 19th Street, Denver, Colorado 80294. Among other changes, the proposed amendments move local rules dealing with attorneys to a new Attorney Rules section.

Comments must be submitted no later than October 30, 2013 via e-mail to LocalRule_Comments@cod.uscourts.gov or mailed to the Clerk of the Court, United States District Court, Attn: Edward Butler, Legal Officer, Alfred A. Arraj U.S. Courthouse Annex, 901 19th Street, Denver, Colorado 80294. Commenters should identify the specific Local Rule to which your comment(s) relate.

Comment Period Open for Changes to Federal Rules of Civil Procedure and Bankruptcy

The Judicial Conference Committee on Rules of Practice and Procedure 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, 2014. The changes affect the Federal Bankruptcy and Civil Procedure rules and the public comment period opened August 15, 2013.

The following rules and forms are affected by the proposed changes:

  • Bankruptcy Rules 2002, 3002, 3007, 3012, 3015, 4003, 5005, 5009, 7001, 9006, and 9009, and Official Forms 17A, 17B, 17C, 22A-1, 22A-1Supp, 22A-2, 22B, 22C-1, 22C-2, 101, 101A, 101B, 104, 105, 106Sum, 106A/B, 106C, 106D, 106E/F, 106G, 106H, 106Dec, 107, 112, 113, 119, 121, 318, 423, and 427.
  • Civil Rules 1, 4, 6, 16, 26, 30, 31, 33, 34, 36, 37, 55, 84, and Appendix of Forms.

The changes to the Civil Rules limit the number of presumptive depositions to five and limit other modes of discovery as well. The committee is particularly interested in receiving comments on the changes to Rule 37 regarding electronic discovery. Part of the proposed changes to Rule 37 would make it more difficult to get sanctions for ESI spoliation.

A PDF of the changes can be found here. Comments may be submitted to the Advisory Committees by mail or electronically, and will be reviewed then made part of the public record. To submit or view comments on the proposed Bankruptcy Rule changes electronically, see this Regulations.gov webpage.  To submit or view comments electronically on the proposed Civil Procedure Rule changes see this Regulations.gov webpage.

Workers’ Compensation – Notice of Rulemaking Hearing

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.

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

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.

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

Secretary of State Proposes Amendments to Election Rules

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.

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

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.

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

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 12-175Concerning 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.

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

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.