February 22, 2019

C.R.C.P. 80, C.R.C.C.P. 380, and Crim. P. 55 Amended in Rule Changes 2019(06) and 2019(07)

On Thursday, February 14, 2019, the Colorado Supreme Court issued Rule Change 2019(06) and Rule Change 2019(07), effective immediately.

Rule Change 2019(06) repeals Rule 80 and amends Rule 380 of the Colorado Rules of Civil Procedure. A comment has been added to Rule 80, stating “C.R.C.P. 80 has been repealed as Chief Justice Directive 05-03 entitled, Management Plan for Court Reporting and Recording Services, addresses matters related to court reporters in District Court matters.” Subsection (c) of Rule 380 was amended as follows:

(c) Reporter’s Notes, Electronic or Mechanical Recording; Custody, Use, Ownership, Retention. All reporter’s notes and electronic or mechanical recordings shall be the property of the state. The notes and recordings shall be retained by the court for no less than six months after the creation of the notes or recordings, or such other period as may be prescribed by supreme court directive or by instructions in the manual entitled, Colorado Judicial Department , Records Retention Manual Management. During the period of retention, notes and recordings shall be made available to the reporter of record, or to any other reporter or person the court may designate. During the trial or the taking of other matters on the record, the notes and recordings shall be considered the property of the state, even though in the custody of the reporter, judge, or clerk. After the trial and appeal period, the reporter shall list, date and index all notes and recordings and shall properly pack them for storage. Where no reporter is used, the clerk of court shall perform this function. The state shall provide the storage containers and space

Rule Change 2019(07) amended Rule 55 of the Colorado Rules of Criminal Procedure. Subsection (e) of Rule 55 was amended as follows:

(e) Reporter’s Notes; Custody, Use, Ownership, Retention. The practice and procedure concerning reporter’s notes and electronic or mechanical recordings shall be as prescribed in Rule 80, C.R.C.P., for district courts and Rule 380, C.R.C.P., for county courts. For proceedings in district court, the practice and procedure concerning court reporter notes and electronic or mechanical recordings shall be as prescribed in Chief Justice Directive 05-03, Management Plan for Court Reporting and Recording Services. For proceedings in county court, that practice and procedure shall be as prescribed in C.R.C.P. 380.

Redlines and clean versions of the rule changes are available here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Rule 1.5 of Colorado Rules of Professional Conduct Amended in Rule Change 2019(05)

On January 31, 2019, the Colorado Supreme Court adopted Rule Change 2019(05), amending Rule 1.5, “Fees,” of the Colorado Rules of Professional Conduct. Rule 1.5 was amended by the addition of a subsection (h), which deals with flat fees:

(h) A “flat fee” is a fee for specified legal services for which the client agrees to pay a fixed amount, regardless of the time or effort involved.

(1) The terms of a flat fee shall be communicated in writing before or within a reasonable time after commencing the representation and shall include the following information:

(i) A description of the services the lawyer agrees to perform;

(ii) The amount to be paid to the lawyer and the timing of payment for the services to be performed;

(iii) If any portion of the flat fee is to be earned by the lawyer before conclusion of the representation, the amount to be earned upon the completion of specified tasks or the occurrence of specified events; and

(iv) The amount or the method of calculating the fees the lawyer earns, if any, should the representation terminate before completion of the specified tasks or the occurrence of specified events.

(2) If all or any portion of a flat fee is paid in advance of being earned and a dispute arises about whether the lawyer has earned all or part of the flat fee, the lawyer shall comply with Rule 1.15A(c) with respect to any portion of the flat fee that is in dispute.

(3) The form Flat Fee Agreement following the comment to this Rule may be used for flat fee agreements and shall be sufficient. The authorization of this form shall not prevent the use of other forms consistent with this Rule.

A new form Flat Fee Agreement was also added in the rule change.

A redline and clean version of Rule Change 2019(05) is available here. For all of the court’s adopted and proposed rule changes, click here.

Colorado Supreme Court Issues Three Rule Changes, Affecting Rules Governing Admission to Bar, Criminal Procedure Rules, and More

On Friday, January 25, 2019, the Colorado Supreme Court issued Rule Changes 2019(02), 2019(03), and 2019(04). All of the rule changes are effective immediately.

Rule Change 2019(02) amends Rule 5, “Preliminary Proceedings,” of the Colorado Rules of Criminal Procedure. The change specifies that current Armed Forces members or veterans may be entitled to receive mental health treatment, substance use treatment, or other services as a veteran.

Rule Change 2019(03) amends several rules in Rules Governing Admission to the Practice of Law in Colorado. Many of the changes involve a move of the provision on the mandatory professionalism course from Rule 203.2 to Rule 203.1, and amending several of the rules to update cross-references. Many other cross-references were updated in the rule change, and Rule 205.6, “Practice Pending Admission,” was updated to clarify the requirements of payment of fees. Rule 211.2(10) regarding reinstatement requirements was repealed.

Rule Change 2019(04) amends three of the Colorado Rules of Procedure Regarding Attorney Discipline and Disability Proceedings, Colorado Attorneys’ Fund for Client Protection, and Mandatory Continuing Legal Education and Judicial Education. Rule 250.7, “Compliance,” was amended to update a cross-reference and to delete the reinstatement requirement of taking the bar exam in subsection (10). Rule 251.31, “Access to Information Concerning Proceedings Under These Rules,” was amended to specify in subsection (r) that Regulation Counsel’s records regarding sexual harassment allegations will be available to complainant and respondent if they are not otherwise privileged. Rule 252.5, “Composition and Officers of the Board,” was completely repealed and reenacted.

For redlines and clean versions of Rule Changes 2019(02), 2019(03), and 2019(04), click here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Rule Change 2018(16) Adopted, Amending C.R.C.P. 252.10

On Thursday, October 4, 2018, the Colorado Supreme Court issued Rule Change 2018(16), amending Rule 252.10, “Eligible Claims,” of the Colorado Rules of Procedure Regarding Attorney Discipline and Disability Proceedings, Colorado Attorneys’ Fund for Client Protection, and Mandatory Continuing Legal Education and Judicial Education.

The changes to Rule 252.10 affect subparagraphs (a), (e), and (f), and reflect circumstances in which claims may be accepted and paid by the Board, including accepting claims in circumstances in which the loss is caused by the death or disability of the attorney and paying claims when client funds are no longer in the attorney’s trust account.

For a redline and clean version of Rule Change 2018(16), click here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Colorado Rules for Magistrates and Colorado Appellate Rules Amended

On Tuesday, September 11, 2018, the Colorado State Judicial Branch announced Rule Changes 2018(13) and 2018(14), amending the Colorado Rules for Magistrates and the Colorado Appellate Rules, respectively.

Rule Change 2018(13) amends C.R.M. 6, “Functions of District Court Magistrates,” to update references to the Colorado Rules of Probate Procedure in subparagraph (e)(1)(A). Rule Change 2018(14) amends C.A.R. 3.4, “Appeals from Proceedings in Dependency or Neglect,” to update a cross-reference to C.A.R. 53(h) in subparagraph (l).

For the redlines and clean copies of Rule Change 2018(13) and Rule Change 2018(14), click here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Rule Changes Adopt Colorado Lawyer Self-Assessment Program, Amend Public Access and Water Court Rules

The Colorado Supreme Court has issued three new rule changes that have recently been released by the Colorado State Judicial Branch.

Rule Change 2018(08) amends Rules 11, 12, and 13 of the Uniform Local Rules for All State Water Court Divisions. Rule 11 was amended by the addition of a comment to specify that January 1, 2018, changes to the rule require expert witness disclosures to be made earlier than were previously required. Rule 12, “Procedure Regarding Decennial Abandonment Lists,” is new and sets forth specifications for publication and protest of decennial abandonment lists. Rule 13 was unchanged except to be renumbered; formerly, it was Rule 12.

Rule Change 2018(09) amends Rule 2 of Chapter 38 of the Colorado Rules of Civil Procedure, “Public Access to Information and Records.” Rule 2, “Public Access to Administrative Records of the Judicial Branch,” had minor amendments in sections 1 and 2. Section 3 of the rule dealing with exceptions and limitations on access to records had several amendments. The changes to Section 4 were relatively minor, and Section 5 was unchanged.

Rule Change 2018(10) adds Rule 256, “The Colorado Lawyer Self-Assessment Program,” to the Colorado Rules of Civil Procedure. Rule 256 establishes the Colorado Lawyer Self-Assessment Program and sets forth guidelines and definitions for compliance with the program. The rule specifies that lawyers who utilize the program will be subject to confidentiality and immunity.

For a complete list of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Rule Change 2018(07) Released, Amending Colorado Appellate Rules

On Friday, June 8, 2018, the Colorado State Judicial Branch released Rule Change 2018(07), adopted by the Colorado Supreme Court on June 7 and effective July 1, 2018. The rule change Form 8, “Designation of Transcripts,” in the Appendix to Chapter 32, and also amends Rules 21, 21.1, 49, 50, 51, 51.1, 52, 53, 54, 56 and 57.

While some of the changes are relatively minor, many of the rules were dramatically amended. A redline and a clean copy of the rule change is available here. Appellate practitioners are encouraged to familiarize themselves with the rule changes before their July 1 effective date.

For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Rules of Civil Procedure, JDF 601, and Form 4 Amended in Rule Changes 2018(05) and 2018(06)

On Thursday, April 12, 2018, the Colorado Supreme Court issued two rule changes. Rule Change 2018(05) amends Form 4, “Petition for Postconviction Relief Pursuant to Crim. P. 35(c),” and Rule Change 2018(06) amends Colorado Rule of Civil Procedure 16.1, “Simplified Procedure for Civil Actions,” and JDF 601, “District Court Civil Case Cover Sheet for Initial Pleading of Complaint, Counterclaim, Cross-Claim, or Third-Party Complaint and Jury Demand.”

The changes to C.R.C.P. 16.1 are extensive, and contain multiple changes to the first several subsections, including “Purpose of Simplified Procedure,” “Actions Subject to Simplified Procedure,” “Civil Cover Sheet,” “Motion for Exclusion from Simplified Procedure,” and more. There is also new Comment to the Rule that explains the reasoning for the changes.

For the full text of the 2018 rule changes, click here. For all of the court’s adopted and proposed rule changes, click here.

Colorado Rules of Civil Procedure Updated Regarding Legal and Judicial Education

On Tuesday, March 20, 2018, the Colorado State Judicial Branch released Rule Change 2018(04), adopted by the Colorado Supreme Court on March 15, 2018, and effective on July 1, 2018. The rule change adds C.R.C.P. 250 and amends C.R.C.P. 260, both rule sets titled “Mandatory Continuing Legal and Judicial Eduction.”

The new Rules 250.1 through 250.10 comprehensively define the continuing education requirements of lawyers and judges. The new rules make some changes from the previously enacted rules. Specifically, the definition of which activities will be accredited has been expanded, and now activities related to wellness, diversity, law practice management, leadership, professionalism, and more may qualify for accreditation.

Another major change enacted with the new rules is that lawyers are required to track compliance with CLE requirements until age 72. Lawyers who had previously aged out under the former limit of age 65 will now be required to continue tracking credits until they reach age 72, beginning with the effective date of the new rules (July 1, 2018).

The new rules also clarify that lawyers may receive CLE credit for certain pro bono activities, participation in the CAMP program, and mentoring. Attorneys who mentor can receive CLE credit for mentoring each year, while mentees can only receive CLE credit one time.

The former rules, codified at C.R.C.P. 260 through 260.8, were amended to reference the new rules, as appropriate.

For a redline of the rule change, click here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Rule Change 2018(03) Amends Colorado Rules of Professional Conduct

On Thursday, February 22, 2018, the Colorado Supreme Court issued Rule Change 2018(03), amending the Colorado Rules of Professional Conduct. Rule 5.4, “Professional Independence of a Lawyer,” and Rule 7.3, “Solicitation of Clients,” were amended in this rule change.

Rule 5.4(d) and (e) were amended to add the phrase, “that is authorized to practice law for a profit,” as follows:

(d) A lawyer shall not practice with or in the form of a professional company that is authorized to practice law for a profit, if:

* * *

(e) A lawyer shall not practice with or in the form of a professional company that is authorized to practice law for a profit except in compliance with C.R.C.P. 265.

Rule 7.3(c)(1) was amended to correct a typo, as follows:

(1) no such communication may be made if the lawyer knows or reasonably should know that the person to whom the communication is directed is represented resented by a lawyer in the matter; and

For a redline and clean version of Rule Change 2018(03), click here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Rules Governing Commissions on Judicial Performance Repealed

On Thursday, February 15, 2018, the Colorado Supreme Court issued Rule Change 2018(02), repealing Chapter 37 of the Colorado Rules of Civil Procedure, “Rules Governing the Commissions on Judicial Performance.” The repeal was adopted by the court on February 15, effective immediately.

For the text of the rule change, click here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Rule 41 of Colorado Rules of Criminal Procedure Amended in First Rule Change of 2018

The Colorado Supreme Court issued Rule Change 2018(01), amended and adopted by the court effective Thursday, January 11, 2018. The rule change affects Rule 41 of the Colorado Rules of Criminal Procedure, which deals with search, seizure, and confession. The amendments to the rule affect subsections (d)(5)(VI) and (VII). Subsection (d)(5)(VI) was amended to add information about the seizure of electronic media or electronically stored information:

(VI) A search warrant shall be executed within 14 days after its date. The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property or shall leave the copy and receipt at the place from which the property was taken. The return shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the applicant for the warrant and the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the applicant for the warrant or the person from whose possession or premises the property was taken, and shall be verified by the officer. In a case involving the seizure of electronic storage media or the seizure or copying of electronically stored information, the inventory may be limited to describing the physical storage media that were seized or copied. The officer may retain a copy of the electronically stored information that was seized or copied. The judge upon request shall deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.

Subsection (d)(5)(VII) is new and also addresses electronic media or electronically stored information:

(VII) A warrant under Rule 41(b) may authorize the seizure of electronic storage media or the seizure or copying of electronically stored information. Unless otherwise specified, the warrant authorizes a later review of the media or information consistent with the warrant. The time for executing the warrant in Rule 41(d)(5)(VI) refers to the seizure or on-site copying of the media or information, and not to any later off-site copying or review.

The rest of the rule is unchanged. For a redline and clean copy of the rule change, click here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.