December 18, 2017

Small Estate Affidavit, Writs of Garnishment, and More Forms Amended in March

In March 2017, the Colorado State Judicial Branch issued amendments to 13 of its JDF forms. The amended forms include trust and estate forms such as JDF 999, “Collection of Personal Property by Affidavit,” and writ of garnishment forms such as C.R.C.P. Form 26, “Writ of Continuing Garnishment.”

The 13 forms amended in March available below in PDF format. Some of these forms are also available in Word format on State Judicial’s forms page. Additionally, one form was amended in February and seven were amended in January. These forms are also available below in PDF format.

ADOPTION

  • JDF 495 – Instructions for Second Parent Adoption – Without a Civil Union (revised 1/17)
  • JDF 498 – Instructions for Kinship Adoption (revised 1/17)
  • JDF 499 – Instructions for Custodial Adoption (revised 1/17)
  • JDF 500 – Instructions for Stepparent Adoption (revised 1/17)
  • JDF 528 – Petition for Adult Adoption (revised 3/17)

CRIMINAL LAW

  • JDF 323(a)Instructions to File a Petition to Seal Records Related to Illegal Possession or Consumption of Ethyl Alcohol by an Underage Person (MIP) (For Offenses Committed Prior to July 1, 2014) (revised 3/17)
  • JDF 375 – Compensated Surety Request for a Show Cause Hearing (revised 1/17)

DOMESTIC RELATIONS

  • JDF 1111 – Sworn Financial Statement (revised 1/17)
  • JDF 1337 – Certificate of Mediation/ADR Compliance (CADR) (revised 2/17)

GARNISHMENT

  • C.R.C.P. Form 26 – Writ of Continuing Garnishment (revised 3/17)
  • C.R.C.P. Form 28 – Objection to Calculation of Exempt Earnings (revised 3/17)
  • C.R.C.P. Form 29 – Writ of Garnishment with Notice of Exemption and Pending Levy (revised 3/17)
  • C.R.C.P. Form 31 – Writ of Garnishment for Support (revised 3/17)
  • C.R.C.P. Form 32 – Writ of Garnishment – Judgment Debtor Other Than Natural Person (revised 3/17)
  • C.R.C.P. Form 33 – Writ of Garnishment in Aid of Writ of Attachment (revised 3/17)

PROTECTIVE PROCEEDINGS/PROBATE

  • JDF 782 – Instructions to File Petition to Accept Adult Guardianship and/or Conservatorship in Colorado from Sending State (revised 3/17)
  • JDF 906 – Instructions for Probate With a Will (revised 3/17)
  • JDF 907 – Instructions for Probate Without a Will (revised 3/17)
  • JDF 998 – Instructions for Completing Affidavit for the Collection of Personal Property of a Decedent (revised 3/17)
  • JDF 999 – Collection of Personal Property by Affidavit (revised 3/17)

SMALL CLAIMS

  • JDF 250 – Notice, Claim, and Summons to Appear for Trial (revised 1/17)

Adoption, Small Claims, Seal My Case JDF Forms Amended

In January 2014, the Colorado State Judicial Branch issued several revised JDF forms in many categories. Click here for a list of previously issued forms. Most recently, JDF forms have been amended in the adoption, miscellaneous, probate, small claims, and seal my case categories. 

Forms are available for download here as PDF documents, and are generally available in Word from the State Judicial Forms page.

ADOPTION

  • JDF 500 – “Instructions for Stepparent Adoption” (R1/14)
  • JDF 502 – “Petition for Stepparent Adoption” (R1/14)

MISCELLANEOUS

  • JDF 78 – “Motion and Order to Set Aside Default Judgment” (R1/14)

PROBATE

  • JDF 959 – “Instructions for Closing an Estate Informally” (R1/14)

SEAL MY CASE

  • JDF 302 – “Petition for Expungement of Records” (R1/14)
  • JDF 417 – “Petition to Seal Arrest and Conviction Records” (R1/14)
  • JDF 612 – “Petition to Seal Criminal Conviction Records” (R1/14)

SMALL CLAIMS

  • JDF 250 – “Notice, Claim, and Summons to Appear for Trial” (R1/14)
  • JDF 253 – “Motion and Order to Set Aside Dismissal/Default Judgment” (R1/14)

Click here for all of State Judicial’s JDF forms.

JDF Instruction Forms Revised in Several Categories by State Judicial

The Colorado State Judicial Branch revised several JDF instructions in July across several categories. Additionally, the Affidavit of Service form (JDF 98) was revised, which affects many categories.

NOTE: Forms in the Domestic Relations and Probate categories will be addressed separately.

Click the links below to download the forms, or visit the Colorado State Judicial Branch website.

ADOPTION

  • JDF 495 – Instructions for Second Parent Adoption (revised 7/13)
  • JDF 496 – Instructions for Adult Adoption (revised 7/13)
  • JDF 497 – Instructions for Validation of Foreign Adoption (revised 7/13)
  • JDF 498 – Instructions for Kinship Adoption (revised 7/13)
  • JDF 499 – Instructions for Custodial Adoption (revised 7/13)
  • JDF 500 – Instructions for Stepparent Adoption (revised 7/13)

APPEALS

  • JDF 126 – Instructions for Filing a County Court Civil or Small Claims Appeal (revised 7/13)
  • JDF 221 – Instructions for Filing a County Court Criminal Appeal (revised 7/13)

CRIMINAL

  • JDF 460I – Instructions to Discontinue Sex Offender Registration (revised 7/13)
  • JDF 476 – Instructions to Discontinue Sex Offender Registration Juvenile (revised 7/13)

EVICTIONS & FORECLOSURES

  • JDF 100 – Instructions for Forcible Entry & Detainer (FED)/Evictions (revised 7/13)
  • JDF 140 – Instructions for Mobile Home FED (revised 7/13)
  • JDF 620 – Instructions for Filing a Response to a Rule 120 Notice (revised 7/13)

GARNISHMENTS & JUDGMENTS

  • JDF 137 – Instructions to File a Foreign Judgment (revised 7/13)
  • JDF 82 – Instructions on How to Collect a Judgment and File Writ of Garnishment (revised 7/13)
  • JDF 112 – Instructions for Reviving a Judgment (revised 7/13)

MISCELLANEOUS

  • JDF 122 – Instructions for Issuance of Contempt Citation (revised 7/13)
  • JDF 86 – Instructions for Issuing an Out-of-State Subpoena (revised 7/13)
  • JDF 79 – Instructions for Issuing a Subpoena (revised 7/13)

MONEY CASES

  • JDF 110 – Instructions for County Court Civil Cases (Money Demand) (revised 7/13)
  • JDF 96 – Instructions for Filing an Answer and/or Counterclaim (revised  7/13)
  • JDF 248 – Small Claims Instructions (revised 7/13)
  • JDF 251 – Notice, Claim, and Summons to Appear for Trial (revised 7/13)
  • JDF 122 – Instructions for Issuance of Contempt Citation (revised 7/13)
  • JDF 137 – Instructions for Filing a Foreign Judgment (revised 7/13)
  • JDF 79  – Instructions for Issuing a Subpoena (revised 7/13)
  • JDF 131 – Instructions for an Agistor’s Lien (revised 7/13)
  • JDF 115  – Instructions for Replevin (revised 7/13)
  • JDF 112 – Instructions for Reviving a Judgment (revised 7/13)

NAME CHANGE

  • JDF 432 – Instructions for Filing a Change of Name – Adult (revised 7/13)
  • JDF 420 – Instructions for Filing a Change of Name – Minor (revised 7/13)
  • JDF 385 – Instructions for Filing a Change of Name to Obtain Identity Related Documents (revised 7/13)

PROTECTION ORDERS

  • JDF 400 – Instructions for Obtaining a Protection Order (revised 7/13)

SEALING CASES

  • JDF 323 – Instructions to File a Petition to Seal Underage Alcohol Conviction (revised 7/13)
  • JDF 416 – Instructions to File a Petition to Seal Arrest and Criminal Records (revised 7/13)
  • JDF 611 – Instruction to Seal Criminal Conviction Records (revised 7/13)

SMALL CLAIMS

  • JDF 248 – Small Claims Instructions (revised 7/13)
  • JDF 251 – Notice, Claim, and Summons to Appear for Trial (revised 7/13)

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.

State Judicial Revises Probate, Adoption, and Small Claims Forms and Instructions

The Colorado State Judicial Branch has issued several revised forms and instructions over the past month. Updates were made in the areas of adoption, probate, and small claims, as well as filing fees. 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.

Adoption

  • JDF 498“Instructions for Kinship Adoption” (revised 4/12)

Filing Fees

  • Guide“Guide for Determination of Indigency” (revised 4/12)

Probate

  • JDF 906 – “Instructions for Probate With a Will” (revised 4/12)
  • JDF 907 – “Instructions for Probate Without a Will” (revised 4/12)
  • JDF 805 – “Acceptance of Office – Guardianships and Conservatorships” (revised 4/12)

Small Claims

  • JDF 252a – “Motion and Order for Interrogatories – Short Form” (revised 4/12)
  • JDF 252b“Motion and Order for Interrogatories – Long Form” (revised 4/12)

State Judicial Amends More Forms to Comply with New Civil Procedure Rules and Fee Changes (Part 3)

Colorado State Judicial continues to issue forms that have been amended to comply with fee changes and the new civil procedure rules adopted as part of Rule Change 2011(18), effective as of January 1, 2012. The changes are being made to time calculation requirements in the forms, which now must reflect the “rule of 7″/multiples of a week.

State Judicial is reviewing all JDF forms and instructions, however it is always the Parties’ responsibility to ensure compliance with the Supreme Court rules. It is therefore important to review the time calculation rule changes prior to filing, as many of the forms have not been reviewed and changed yet.

Below is a list of the latest forms to be amended. Earlier amendments can be found here (Part 1) and here (Part 2). Most forms are available in Adobe Acrobat (PDF) and Microsoft Word formats; Word templates are forthcoming. Download the new forms from State Judicial’s individual forms pages, or below.

Probate

  • JDF 875 – “Instructions for Appointment of Conservator – Adult” (revised 1/12)
  • JDF 887 – “Instructions to File a Petition to Terminate Conservatorship” (revised 1/12)
  • JDF 906 – “Instructions for Probate with a Will” (revised 1/12)
  • JDF 907 – “Instructions for Probate without a Will” (revised 1/12)
  • JDF 957 – “Instructions for Closing an Estate Formally” (revised 1/12)
  • JDF 958 – “Instructions for Closing a Small Estate Informally” (revised 1/12)
  • JDF 959 – “Instructions for Closing an Estate Informally” (revised 1/12)
  • JDF 989 – “Instructions to Re-Open an Estate” (revised 1/12)

Protection Orders

  • JDF 395 – “Instructions for Restrained Person Motion to Modify / Dismiss Protection Order” (revised 1/12)
  • JDF 400 – “Instructions for Obtaining a Protection Order” (revised 1/12)

Small Claims

  • JDF 248 – “Small Claims Instructions” (revised 1/12)
  • JDF 250 – “Notice, Claim & Summons to Appear for Trial” (revised 1/12)

Water

  • JDF 295W – “Standardized Instructions for all Colorado Water Court Divisions” (revised 1/12)

Filing Fees Temporarily Reduced in Certain Civil Actions

The Colorado Supreme Court has issued a new Chief Justice Directive, which temporarily reduces the filing fees for certain civil actions, effective January 23, 2012.

CJD 12-02 temporarily decreases filing fees credited to the Justice Stabilization fund.  Pursuant to Colorado Revised Statutes, cash funds must maintain no more than a 16 percent excess fund balance, and it is projected that the fund will exceed this target reserve limit.  In order to comply with the statutory requirement, Chief Justice Bender has temporarily reduced filing fees.

As necessary, the Chief Justice may later increase these fees back to their statutorily permitted level.

The reduced fees apply across the board throughout Colorado courts and are outlined in Appendix A to CJD 12-02 – “Temporary Reduction of Filing Fees in Certain Civil Actions”

Questions about the change may be directed to Linda Bowers, Court Services Manager, at (720) 921-7839 or linda.bowers@judicial.state.co.us.

Celebrate Pro Bono with a Week of Events from the DBA

Pro Bono Week is October 24-28, 2011. To recognize and celebrate the commitment to pro bono client services, the Denver Bar Association has put together several days of events and parties. We hope to see you there!

Monday, October 24:

Collections Clinic

From Noon to 2:00 pm, Alison Daniels and Jennifer Levin will present a basic training for attorneys who are interested in teaching the pro se clinic and/or want a general understanding of the collection process.

To be held at the CBA-CLE Offices, 3rd floor—Available Live and Webcast. 2 General CLE credits.

$49 for members and $69 for non-members, or complimentary when you sign up for a clinic! Register online for the webcast or live version of this program. You also may e-mail lunches@cobar.org, or call (303) 860-1115, ext. 727 and be sure to state if you are registering for the live or webcast.

 

Pro Bono Week Kick-Off Party

5:30–8:00 pm

From 5:30 to 8:00 pm, come celebrate and help kick off Pro Bono Week! The event will feature special guest speakers and Ignite presentations on pro bono. Interested in giving an Ignite presentation or would like more information? Contact hclark@cobar.org. Light appetizers, drinks and door prizes will be provided.

This free event will be held at Kutak Rock, 1801 California St. Suite 3100, in Denver.

RSVP online or to lunches@cobar.org or call (303) 860-1115, ext. 727.

Tuesday, October 25:

Small Claims Clinic Training

From noon to 2:00 pm, Kip Barrash will present a basic training for attorneys who are interested in teaching the small claims clinic or want a general understanding of the small claims process. Tips include gathering information; forms (where to get them, how to complete them); filing (how; where); defending your position (what to do and what not to do); and court procedure.

To be held at the CBA-CLE Offices, 3rd floor—Available Live and Webcast.

$49 for members and $69 for non-members, or complimentary when you sign up for a clinic! Register online for the webcast or live version of this program. You also may e-mail lunches@cobar.org, or call (303) 824-5350 and be sure to state if you are registering for the live or webcast.

Wednesday, October 26:

Metro Volunteer Lawyers Family Law Training

Sponsored by Faegre & Benson LLP

From 1 to 5:00 pm, this will be a training session for attorneys volunteering with Metro Volunteer Lawyers on family law matters, or those interested in volunteering. Agenda topics will include the anatomy of a family law case, evidence in family law matters, working with family law clients, professionalism, and procedural considerations. Afternoon snacks and refreshments will be provided at no cost to attendees. RSVP to Melissa Fri at MFri@faegre.com no later than Friday, Oct. 21.

This free event will be held at Faegre and Benson, 3200 Wells Fargo Center, 1700 Lincoln St., in Denver. 4 CLE credits applied for.

Colorado Rules of Civil Procedure and Form Amended by the Colorado Supreme Court

The Colorado Supreme Court has approved four new amendments to the Colorado Rules of Civil Procedure. The rules changes can be found in the Colorado Rules of Civil Procedure, the Rules of Procedure for Small Claims Courts, and the Colorado Rules for Traffic Infractions. Additionally, a form was revised within the Appendix to Chapters 1 to 17A Forms of the CRCP.

CRCP 122(c)(3), Case Specific Appointment of Appointed Judges Pursuant to C.R.S. § 13-3-111, was amended to read as follows:

The Appointed Judge’s agreement to be bound by Section II of the Colorado Code of Judicial Conduct, Applicability of Code to Senior and Retired Judges, and the Appointed Judge’s agreement that the Chief Justice may ask the Office of Attorney Regulation Counsel and the Colorado Commission on Judicial Discipline for any record of his or her imposed discipline, or pending disciplinary proceeding, if any;

The Rules of Procedure for Small Claims Courts Rule 516, Costs, was amended to read as follows:

The prevailing party in the action in a small claims court shall have judgment to recover costs of the action and also the costs to enforce the judgment as provided by law.

The Colorado Rules for Traffic Infractions Rule 6(a), Payment Before Appearance, was amended to read as follows:

The clerk of court shall accept payment of a penalty assessment notice by a defendant without an appearance before the referee, if payment is made before the time scheduled for the first appearance.

Lastly, Form 29 – Writ of Garnishment With Notice of Exemption and Pending Levy – has been amended within the Appendix to Chapters 1 to 17A Forms of the CRCP.

Click here to read the red line edits and the full release from State Judicial concerning these rules changes.

Instructors Needed for Popular Small Claims and Collections Pro se Clinics

These popular clinics are offered once a month in Denver. Volunteer attorneys simply offer instruction to attendees on how to file their own small claims cases in court, and how to collect on their judgments. Tips include gathering information, forms (where to get them and how to complete them), filing (how and where), defending one’s position (do’s and don’ts), and court procedures.

These free informational clinics welcome general questions but will not provide direct legal advice nor will they directly assist in completing forms.

For more information or to volunteer for either of the clinics, email Meghan Bush.

Both Clinics are held at the Denver City and County Building, 1437 Bannock Street, Room 164, from 11 am to 1 pm. The Small Claims Clinic meets the third Tuesday of every month and the Collections Clinic meets the third Thursday of every month.

State Judicial Issues Revised Instructions Regarding Small Claims

The Colorado State Judicial Branch has issued several new and revised forms, instructions, and lists this week. Among the new releases is an instruction form concerning small claims.

All forms are available in Adobe Acrobat (PDF) and Microsoft Word formats. Many are also available as Word templates; download templates from State Judicial’s individual forms pages, or below.

Small Claims

  • JDF 248 – “Small Claims Instructions” (revised 3/11)

State Judicial Issues Revised Forms and Lists, Including Small Claims, Domestic/Family, and Probate

The Colorado State Judicial Branch has issued revised forms, instructions, and lists, including those concerning small claims and garnishments/money demands, probate, domestic and family law, and issuing a subpoena. The new forms were posted today and practitioners should begin using them immediately.

All forms are available in Adobe Acrobat (PDF) and Microsoft Word formats. Many are also available as Word templates; download templates from State Judicial’s individual forms pages, or below.

County Civil/Small Claims

  • JDF 108 – “Pattern Interrogatories Under CRCP 369(g) – Business” (revised 2/11)
  • JDF 253 – “Request to Set Aside Dismissal/Default Judgment” (revised 2/11)

Miscellaneous

  • JDF 79 – “Instructions for Issuing a Subpoena” (revised 2/11)

Probate

Domestic/Family