December 17, 2018

Colorado Supreme Court Proposes Changes to CRCP and Uniform Local Rules for All State Water Court Divisions

The Colorado Supreme Court has issued a notice of proposed rule changes and requests for public comment.  The Court proposes amendments to the Colorado Rules of Civil Procedure Rule 121, Section 1-1 and Chapter 36 of the Uniform Local Rules for All State Water Court Divisions.

The changes to CRCP 121, Section 1-1 involve the addition of a new paragraph 5 to read as follows:

In accordance with CRCP 11(b), an attorney may undertake to provide limited representation to a pro se party involved in a court proceeding. Upon the request of and with the consent of a pro se party, an attorney may make a limited appearance for the pro se party in one or more specified proceedings, if the attorney files and serves with the court and the other parties and attorneys (if any) a notice of the limited appearance prior to or simultaneous with the proceeding(s) for which the attorney appears. At the conclusion of such proceeding(s) the attorney’s role terminates without the necessity of leave of court, upon the attorney filing a notice of completion of limited appearance. Service on an attorney who makes a limited appearance for a party shall be valid only in connection with the specific proceeding(s) for which the attorney appears.

More information about the change to CRCP 121 and the rationale for the proposed change can be found here.

The changes to Chapter 36 of the Uniform Local Rules for All State Water Court Divisions are twofold. If the changes are adopted, the rule “would convert time periods contained in the current Water Court Rules to uniform increments of 7 in place of the various time periods currently specified in the rules. This would conform to the Civil Rules Committee’s suggestion that all Colorado court rules be converted to ‘the rule of 7’ as with Federal Rules.” Additionally, the changes would “accommodate multiple applicants in a single application for augmentation and exchange plans and non-tributary groundwater applications.”

More information about changes to the Water Rules, including line edits and the rationale for the proposed changes, can be found here.

Public comments on either change should be submitted with an original and seven copies no later than Friday, September 30, 2011, at 5:00 pm addressed to: Clerk of the Colorado Supreme Court, Christopher T. Ryan, 101 West Colfax, 8th Floor, Denver, Colorado 80202.

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