May 20, 2019

Online Submission and Payment Options Now Available for Tenth Circuit Court of Appeals

On Thursday, October 11, 2012, the Tenth Circuit Court of Appeals announced that original proceedings may now be submitted and filing fees may be paid with a credit card using their ECF filing system.

Anyone wishing to use the new ECF system must be a registered user with the court. All documents must be in searchable PDF format and may not exceed 5 MB in size.

Directions for submitting petitions with payment using the ECF system can be found here. Directions for submitting payments are found here, and directions for submitting F.R.A.P. 5 petitions can be found here.

New Colorado Courts E-Filing System to Launch January 1, 2013

New E-Filing System: On January 1, 2013, the Colorado Judicial Branch’s new Integrated Colorado Courts E-Filing System (ICCES) will replace LexisNexis File & Serve. As of that date, all electronic filings for civil cases in the district, county, and appellate courts of Colorado will be made through the new ICCES program.

The State Judicial website has videos giving an overview of ICCES and a basic demonstration of filing a new case. Additionally, a new Pricing Model Sheet is available to review.

Pilot: On October 1, 2012, the Colorado Courts will begin the live transition from LexisNexis File & Serve to ICCES. Select judicial districts will pilot ICCES from October 1 through December 31. Pilot courts will require all e-filings be made through the ICCES system during this three-month period. Non-pilot courts will still require that all filings be made through LexisNexis. On January 1, 2013, the pilot will end and all judicial districts will fully transition to ICCES. To learn more about the pilot schedule, click here.

ICCES Account Pre-Registration: Law firms and agencies will need to register their organizations and request user accounts for ICCES. Pre-registration can be completed by clicking here.

Training: The Judicial Branch will begin ICCES training this August. Trainings will also be announced on the Judicial Branch website. To learn more about training opportunities, click here.

Stay informed about the ICCES transition by visiting the Colorado Judicial Branch’s E-Filing website, where regular updates will be posted.

E-mail ICCES-Feedback@judicial.state.co.us for any questions about the transition to ICCES.

Service, Process, and Electronic Filing Rules Amended by Colorado Supreme Court

On July 2, 2012, the Colorado Supreme Court released numerous updates to the Colorado Rules of Civil Procedure and the Colorado Rules of County Court Civil Procedure dealing with process, service of process, and the filing of pleadings. Amendments were made to the following rules:

  • CRCP Rule 4 – “Process”
  • CRCP Rule 5 – “Service and Filing of Pleadings and Other Papers”
  • CRCP Rule 121, Section 1-26 – “Electronic Filing and Serving System”
  • CRCCCP Rule 304 – “Service of Process”
  • CRCCCP Rule 305.5 – “Electronic Filing and Serving”

These amendments were adopted on June 21 and are effective immediately.

Click here to review the red line changes to these civil procedure rules, outlined as Rule Change 2012(10).

Change of Address, Bounce-Back Email, and Non-Admitted Appearance Processes Revised by United States District Court for Colorado

The United States District Court for the District of Colorado has revised its rules regarding how the court will process attorney address changes, email bounce-backs, and appearances by non-admitted attorneys. It is important for attorneys to be aware of their obligations to the courts, especially regarding how to proceed when you change your physical address or email address or when you need to appear before the court when you are not admitted:

Change of Address:

Currently, clerk’s office staff compare the signature block of an attorney’s most recent filing with the attorney’s contact address information in CM/ECF and, when needed, will update the contact information to comport with the most recent provided address. The current process of checking for address changes for attorneys is very time consuming and impedes on the time needed to address the efficient docketing of case filings and court actions.

Compliance with local rules D.C.COLO.LCivR 10.1M and D.C.COLO.LCrR 49.3M regarding notice of change of address falls exclusively upon attorneys. Clerk’s office staff should not provide attorney support work regarding the checking for a need to update an address. Staff will, therefore, no longer automatically check for address update information and will rely on proper notice by the attorney as required by the Court’s local rules. This revised process will go into effect on April 9, 2012.

Bounce-back Emails:

In 2005, when the court went live on electronic filing, the clerk’s office began to monitor bounce-back emails related to electronic case entries posted by clerk’s office staff, chambers staff, or attorney counsel. Typically, bounce-back emails occur as a result of counsel’s failure to update their email addresses. The monitoring process was initially implemented as a check to the innovative use of electronic filing and service and notice of the same. Use of electronic filing is now the standard process for all attorneys to post and receive case information.

As directed by local rules D.C.COLO.LCivR 5.2D, D.C.COLO.LCivR 10.1M, D.C.COLO.LCrR 49.2D, and D.C.COLO.LCrR 49.3M, counsel are to inform the court of any change of email address within 5 days of the change. Whenever an attorney filer’s email address changes, the attorney is to electronically update her/his ECF electronic profile to activate the new email address. As long as an attorney is in good standing with the bar of the Court, it is the attorney’s responsibility to keep his/her email address(es) current regardless of place of employment, whether or not counsel of record in an open or closed case, or even if no longer practicing law.

It has been the experience of clerk’s office staff that bounce-back emails resulting from wrong email addresses occur in a variety of situations. Attempts to determine correct email addresses are very time consuming and often unproductive due to non-responsive attorneys. A number of opinions from district and appellate courts exist citing the responsibility of counsel to monitor the docket of the court for the need to address such matters as maintaining up-to-date contact information, including current email addresses. Therefore, effective April 9, 2012, the clerk’s office will no longer monitor bounce-back emails. Should chambers have a question about a specific attorney’s email address, clerk’s office staff will certainly assist with any effort to address the question.

Non-Admitted Appearing Attorneys:

In the past, when an attorney made an appearance pursuant to D.C.COLO.LCivR 11.1A or D.C.COLO.LCrR 44.1A, and the attorney was not admitted to practice in this court, clerk’s office staff would contact the attorney by phone, email, or letter informing her/him of the duty to seek admission or withdraw his/her appearance. An attorney may be contacted multiple times over a protracted period. Unfortunately, this time consuming process does not usually result in the attorney taking the requested action. When no action is taken by the attorney, the clerk’s office notifies chambers that the attorney has been unresponsive.

To streamline this procedure and focus the responsibility on the attorney’s obligation to comply with the local rules, the clerk’s office will begin using the following docket entry in place of the an attempt to gain compliance via direct contact:

“The Court construes that (name of attorney) has entered an appearance as an attorney in (cite the case number.) Pursuant to (D.C.COLO.LCivR 11.1A or D.C.COLO.LCrR 44.1A), only members admitted to the bar of this court can enter an appearance as an attorney. The attorney records of the court do not reflect that (name of the attorney) is a member of the bar. Unless an application for admission to the bar is received within 20 days of the date this entry, further action may be taken by the court.”

Streamlining the procedure will eliminate letters, emails, and phone calls by clerk’s office staff and may further assist in reducing associated work performed by chambers staff. The docket entry will provide notice to appearing attorneys and chambers. This procedure will go into effect on April 9, 2012.

Colorado State Judicial Revises Many JDF Instructions and Forms in March

As part of its continuing efforts to keep JDF forms up-to-date, the Colorado State Judicial Branch revised several instructions and a few forms in March. Practitioners should begin using the new forms and instructions immediately.

All forms are available in Adobe Acrobat (PDF) and Microsoft Word formats. Download the new forms from State Judicial’s individual forms pages or below.

Adoption

  • JDF 495 – “Instructions for Second Parent Adoption” (revised 3/12)
  • JDF 497 – “Instructions for Validation of Foreign Adoption” (revised 3/12)
  • JDF 498 – “Instructions for Kinship Adoption” (revised 3/12)
  • JDF 499 – “Instructions for Custodial Adoption” (revised 3/12)
  • JDF 500 – “Instructions for Stepparent Adoption” (revised 3/12)
  • JDF 506 – “Notice of Adoption Proceeding and Summons to Respond” (revised 3/12)

Appeals

  • JDF 126 – “Instructions to File a County Court Civil or Small Claims Appeal” (revised 3/12)

County Civil / District Civil

  • JDF 86  – “Instructions for Issuing a Subpoena in Support of an Action Outside the State of Colorado” (revised 3/12)
  • JDF 96 – “Instructions for Filing an Answer and/or Counterclaim in County Court” (Money Demand) (revised 3/12)
  • JDF 100 – “Instructions for Forcible Entry and Detainer (FED) / Evictions” (revised 3/12)
  • JDF 110 – “Instructions for County Court Civil Cases (Money Demand)” (revised 3/12)
  • JDF 112 – “Instructions for Reviving a Judgment” (revised 3/12)
  • JDF 115 – “Instructions for Replevin” (revised 3/12)
  • JDF 122 – “Instructions for Issuance of Contempt Citation” (revised 3/12)
  • JDF 137 – “Instructions for Filing a Foreign Judgment” (revised 3/12)
  • JDF 385  – “Instructions for Filing a Change of Name to Obtain Identity-Related Documents” (revised 3/12)
  • JDF 420 – “Instructions for Filing for a Change of Name (Minor)” (revised 3/12)
  • JDF 432 – “Instructions for Filing a Change of Name (Adult)” (revised 3/12)
  • JDF 605 – “Instructions for Appealing Property Tax Assessments with the District Court” (revised 3/12)
  • JDF 611 – “Instructions to Seal Criminal Conviction Records” (revised 3/12)
  • JDF 620 – “Instructions for Filing a Response to a Rule 120 Notice” (revised 3/12)

Criminal

  • JDF 323 – “Instructions to File a Petition to Seal Underage Alcohol Conviction” (revised 3/12)
  • JDF 385 – “Instructions for Filing a Change of Name to Obtain Identity-Related Documents” (revised 3/12)
  • JDF 416 – “Instructions to File a Petition to Seal Arrest and Criminal Records” (revised 3/12)

Domestic

  • JDF 1215 – “Evaluation of a Foreign Decree, Foreign Custody-Determination, and Foreign Support Order” (revised 3/12)
  • JDF 1220 – “Instructions to Register a Foreign Decree” (revised 3/12)
  • JDF 1800 – “Instructions/Options to Enforce Orders” (revised 3/12)
  • JDF 1801 – “Instructions for Completing an Income Assignment Based on Child Support and/or Maintenance Orders” (revised 3/12)

Juvenile

  • JDF 323 – “Instructions to File a Petition to Seal Underage Alcohol Conviction” (revised 3/12)
  • JDF 385 – “Instructions for Filing a Change of Name to Obtain Identity-Related Documents” (revised 3/12)
  • JDF 476 – “Instructions to Discontinue Sex Offender Registration for a Colorado and Non-Colorado Juvenile Adjudication or Disposition” (revised 3/12)

Paternity

  • JDF 1500  – “Instructions to Establish Paternity” (revised 3/12)
  • JDF 1502 – “Summons in Paternity” (revised 3/12)
  • JDF 1513 – “Instructions to Disclaim Paternity” (revised 3/12)
  • JDF 1515 – “Summons to Disclaim Paternity” (revised 3/12)

Probate

  • JDF 782 – “Instructions to File Petition to Accept Adult Guardianship and/or Conservatorship in Colorado From Sending State” (revised 3/12)
  • JDF 786 – “Instructions to File Petition to Transfer Adult Guardianship and/or Conservatorship From Colorado to Receiving State” (revised 3/12)
  • JDF 820 – “Instructions for Appointment of Guardian for Minor by Will or Other Signed Writing” (revised 3/12)
  • JDF 823 – “Instructions for Appointment of a Guardian – Minor” (revised 3/12)
  • JDF 840 – “Instructions for Appointment of a Guardian – Adult” (revised 3/12)
  • JDF 860 – “Instructions for Appointment of a Conservator – Minor” (revised 3/12)
  • JDF 875 – “Instructions for Appointment of a Conservator – Adult” (revised 3/12)
  • JDF 887 – “Instructions to File a Petition to Terminate Conservatorship” (revised 3/12)
  • JDF 906 – “Instructions for Probate With a Will” (revised 3/12)
  • JDF 907 – “Instructions for Probate Without a Will” (revised 3/12)
  • JDF 957 – “Instructions for Closing an Estate Formally” (revised 3/12)
  • JDF 958 – “Instructions for Closing a Small Estate Informally” (revised 3/12)
  • JDF 959 – “Instructions for Closing an Estate Informally” (revised 3/12)
  • JDF 989 – “Instructions for Re-Opening an Estate” (revised 3/12)

Protection Orders

  • JDF 395 – “Instructions for Restrained Person – Motion to Modify/Dismiss Protection Order” (revised 3/12)
  • JDF 400 – “Instructions for Obtaining a Civil Protection Order” (revised 3/12)

Small Claims

  • JDF 248 – “Instructions for Filing a Small Claims Case” (revised 3/12)

Attorneys Required to Open Cases via CM/ECF in United States District Court for Colorado

On February 23, 2012, attorneys will be required to open civil cases in the United States District Court for the District of Colorado via ECF and provide payment via pay.gov. Other changes that will occur (some before February 23) include:

  • The clerk’s office will no longer return your filed complaint via email. You will receive a Notice of Electronic Filing (NEF) when your case is opened.
  • Summons forms, if provided, will be issued through ECF. You will receive a NEF with the summons and the magistrate consent form. A new event has been created for filing the civil summons called “Summons Request.” Please note you should use the national summons form, not the local form.
  • The fee for filing an appeal may be paid online at the time of filing.
  • A new event has been created for filing the corporate disclosure statement and entering corporate parents in CM/ECF.

More Information

Cases That Must Be Filed via Email and Will Be Opened by the Clerk’s Office

  1. Sealed (qui tam, etc.).
  2. Discovery motions in civil cases pending in another court.
  3. Petition to Quash an IRS summons.
  4. Petition for Judicial Assistance for Discovery from Foreign Tribunal pursuant to 28 U.S.C. § 1782.
  5. Petition to Perpetuate Testimony pursuant to Federal Rule 27.
  6. Petition to enforce administrative subpoenas or summons.
  7. Applications for civil seizure warrant.
  8. Application for warrants for inspection, entry and investigation or to determine need for and to undertake response action.
  9. Motions for Extension of Time to File Forfeiture Action.
  10. Filings of complaints and orders for appointment of receiver pursuant to 28 U.S.C. § 7547.
  11. Request to issue subpoena pursuant to the Digital Millennium Copyright Act.
  12. Applications pursuant to 12 U.S.C. § 3409.
  13. Certifications of judgments from other districts.

Click here to read the full announcement from the United States District Court for the District of Colorado.

State Judicial Begins Amending Forms to Comply with New Civil Procedure Rule Changes

Colorado State Judicial has begun to issuing forms that have been amended to comply with 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 forms that have been amended so far. 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.

Adoption

  • JDF 530 – “Notice & Summons for Adult Adoption” (revised 1/12)

County Civil / District Civil

  • Form 1.1 – “Summons by Publication” (revised 1/12)
  • JDF 82 – “Instructions on How to Collect a Judgment and Completing a Writ of Garnishment” (revised 1/12)
  • JDF 96 – “Instructions for Filing an Answer and/or Counterclaim” (revised 1/12)
  • JDF 100 – “Instructions for Forcible Entry and Detainer (FED) / Evictions” (revised 1/12)
  • JDF 107 – “Order for Entry of Judgment with Issuance of Interrogatories” (revised 1/12)
  • JDF 108 – ” Pattern Interrogatories Under CRCP 369(g) – Business” (revised 1/12)
  • JDF 110 – ” Instructions for a County Court Civil Case (Money Demand)” (revised 1/12)
  • JDF 112 – “Instructions for Reviving a Judgment” (revised 1/12)
  • JDF 114 – “Notice to Show Cause for Revival of Judgment” (revised 1/12)
  • JDF 115 – ” Instructions for Replevin” (revised 1/12)
  • JDF 116 – “Verified Complaint in Replevin” (revised 1/12)
  • JDF 119 – “Prejudgment Order for Possession After Hearing” (revised 1/12)
  • JDF 122 – “Instructions for Issuance of Contempt Citation” (revised 1/12)
  • JDF 123 – “Motion and Affidavit for Citation for Contempt of Court” (revised 1/12)
  • JDF 137 – ” Instructions for Filing a Foreign Judgment” (revised 1/12)
  • JDF 385 – “Instructions for Filing a Change of Name to Obtain Identity-Related Documents” (revised 1/12)
  • JDF 420 – ” Instructions for filing a Change of Name – Minor” (revised 1/12)
  • JDF 432 – ” Instructions for Filing a Change of Name – Adult” (revised 1/12)
  • JDF 600 – “District Court Civil Summons” (revised 1/12)
  • JDF 605 – ” Instructions for Appealing Property Tax Assessment” (revised 1/12)
  • CRCCP 9 – “Disclosure Statement” (revised 1/12)

Criminal

  • JDF 385 – ” Instructions for Filing a Change of Name to Obtain Identity-Related Documents” (revised 1/12)

Domestic/Family

  • JDF 1099 – “Instructions for Filing a Dissolution of Marriage or Legal Separation if there are no Children of this Marriage or the Children are Emancipated” (revised 1/12)
  • JDF 1100 – “Instructions for Filing a Dissolution of Marriage or Legal Separation With Children” (revised 1/12)
  • JDF 1102 – “Summons for Dissolution of Marriage or Legal Separation” (revised 1/12)
  • JDF 1215 – “Evaluation of a Foreign Decree” (revised 1/12)
  • JDF 1220 – “Instructions to File a Foreign Decree” (revised 1/12)
  • JDF 1222 – “Summons for Registration of Foreign Decree” (revised 1/12)
  • JDF 1325 – “Instructions to Convert Decree of Legal Separation to Decree of Dissolution of Marriage” (revised 1/12)
  • JDF 1399 – “Instructions to File a Motion or Stipulation to Modify or Terminate Maintenance” (revised 1/12)
  • JDF 1400 – “Instructions to File a Motion to Relocate Minor Children” (revised 1/12)
  • JDF 1401 – “Motion to Modify or Terminate Maintenance” (revised 1/12)
  • JDF 1403 – “Motion to Modify Child Support” (revised 1/12)
  • JDF 1403I – “Instructions to File a Motion or Stipulation to Modify Child Support” (revised 1/12)
  • JDF 1406 – “Motion to Modify/Restrict Parenting Time” (revised 1/12)
  • JDF 1406I – “Instructions to File a Motion to Modify/Restrict Parenting Time” (revised 1/12)
  • JDF 1407 – “Motion to Relocate Minor Children” (revised 1/12)
  • JDF 1408 – “Motion to Terminate Child Support Per §14-10-122, C.R.S.” (revised 1/12)
  • JDF 1411 – “Instructions to File a Motion or Stipulation to Modify Decision-Making Responsibility” (revised 1/12)
  • JDF 1413I – “Instructions for Petition for Allocation of Parental Responsibilities” (revised 1/12)
  • JDF 1414 – “Summons to Respond to Petition for Allocation of Parental Responsibilities” (revised 1/12)
  • JDF 1418I – “Instructions to File a Motion Concerning Parenting Time Disputes” (revised 1/12)
  • JDF 1426 – “Instructions to File a Motion to Terminate Child Support” (revised 1/12)
  • JDF 1524 – “Instructions to File a Motion to Modify or Set Aside Parentage” (revised 1/12)
  • JDF 1525 – “Verified Motion to Modify or Set Aside an Order Determining Parentage” (revised 1/12)
  • JDF 1600 – “Instructions to File for a Declaration of Invalidity of Marriage (Annulment)” (revised 1/12)
  • JDF 1602 – “Summons for Declaration of Invalidity of Marriage” (revised 1/12)
  • JDF 1700 – “Instructions to File for Grandparent Visitation” (revised 1/12)
  • JDF 1701 – “Verified Pleading Affidavit for Grandparent Visitation” (revised 1/12)
  • JDF 1800 – “Instructions for Filing Motions to Enforce Orders” (revised 1/12)

Filing Fees

  • JDF 1 – “Filing Fees, Surcharges, and Costs effective on and after January 23, 2012” (revised 1/12)

Juvenile

  • JDF 385 – “Instructions for Filing a Change of Name to Obtain Identity-Related Documents” (revised 1/12)

Miscellaneous

  • JDF 83 – “Notice of Withdrawal as Attorney of Record” (revised 1/12)

Probate

  • JDF 709 – “Instructions to Set a Hearing and to Complete a Notice of Hearing” (revised 1/12)
  • JDF 712 – “Notice of Non-Appearance Hearing Pursuant to C.R.P.P. 8.8” (revised 1/12)
  • JDF 722 – “Objection to Non-Appearance Hearing” (revised 1/12)
  • JDF 963 – “Notice of Non-Appearance Hearing on Petition for Final Settlement” (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.

Important Changes to the Federal Rules of Bankruptcy Procedure Effective in December

Editor’s Note: CBA-CLE will be holding a program covering these important changes to the Bankruptcy Procedure Rules on Wednesday, November 30th before the rules go into effect. Every attorney practicing bankruptcy law must understand the new rules to avoid sanctions for failing to timely and completely comply with the new requirements. Click here for more information.

On December 1, 2011, several Federal Rules of Bankruptcy Procedure changes will go into effect. Some of the new rules are also accompanied by revised forms. The U.S. Bankruptcy Court for the District of Colorado requests that practitioners pay particular attention to changes to Rule 3001 and the addition of Rule 3002.1, which relate to proofs of claims and supplements that are required in applicable individual debtor cases.

In order to implement the new rules and forms, there will be additional filing events added in the online case filing/ECF system:

  • Notice of Mortgage Payment Changes – Form B 10 (Supplement 1)(12/11)
  • Notice of Postpetition Fees, Expenses, and Charges – Form 10 (Supplement 2)(12/11)
  • Notice of Final Cure Mortgage Payment
  • Response to Notice of Final Cure Payment
  • Motion to Determine Mortgage Fees and Expenses Motion to Determine Final Cure and Mortgage Payment Rule 3002.1.

Further information about changes to bankruptcy forms can be found here.

CBA-CLE invites anyone interested in getting more information about the changes to Rules 3001 and 3002.1 to attend a program covering the new rules on November 30, 2011. The presentation will focus on the changes to the forms and rules affecting proofs of claims filed by secured creditors on the principal place of residence of debtors, including the information required in the initial proofs of claims, supplements, the all-important timelines of supplements, and the final cure payment. Registration information is provided below.

CLE Program: Federal Rules Changes on Secured Proof of Claims

This CLE presentation will take place on Wednesday, November 30. Participants may attend live in our classroom or watch the live webcast.

If you can’t make the live program or webcast, the program will also be available as a homestudy in two formats: video on-demand and mp3 download.

State Judicial Issues Numerous Revised Water Court Forms

The Colorado State Judicial Branch has issued many revised forms for use in the state’s water courts. Virtually every water law form listed by State Judicial has been amended. Practitioners should begin using the new forms immediately.

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

Water

  • JDF 290 – “Certificate of Notice” (revised 10/11)
  • JDF 296W – “Application for Water Rights (Surface)” (revised 10/11)
  • JDF 297W – “Application for Water Storage Right” (revised 10/11)
  • JDF 298W – “Application for Underground Water Right” (revised 10/11)
  • JDF 299W – “Application for Change of Water Right” (revised 10/11)
  • JDF 300W – “Application: For Finding of Diligence or To Make Absolute” (revised 10/11)
  • JDF 301W – “Application for Approval of Plan for Augmentation” (revised 10/11)
  • JDF 302W – “Pleading: In Protest/In Support to Referee’s Ruling” (revised 10/11)
  • JDF 303W – “Statement of Opposition” (revised 10/11)
  • JDF 304W – “Protest to Revised Abandonment List” (revised 10/11)
  • JDF 307 – “Notice of Change in Ownership of Conditional Water Right and/or Change of Address” (revised 10/11)
  • JDF 312 – Form 2 – Declaration of Expert Regarding Report, Disclosure, and Opinion” (revised 10/11)
  • JDF 319 – “Form 1 – Sample Modified Case Management Order” (revised 10/11)

U.S. Federal Courts Increase Many Fees, Including for Electronic Public Access

At its session in September 2011, the Judicial Conference of the United States approved a recommendation of its Committee on Court Administration and Case Management that would amend the miscellaneous fee schedules for the courts of appeals, district courts, bankruptcy courts, U.S. Court of Federal Claims, and Judicial Panel on Multidistrict Litigation. The amendments increase certain fees for inflation and are effective on November 1, 2011.

Click here for the list of fee increases for federal courts.

Additionally, the Judicial Conference authorized an increase in the Judiciary’s electronic public access (EPA) fee in response to increasing costs for maintaining and enhancing the EPA system. The increase in the EPA fee, from $0.08 to $0.10 per page, will take effect on April 1, 2012. The change is needed to continue to support and improve the Public Access to Court Electronic Records (PACER) system, and to develop and implement the next generation of the Judiciary’s Case Management/Electronic Case Filing system.

The Conference was mindful of the impact such an increase could have on other public entities and on public users accessing the system to obtain information on a particular case. For this reason, local, state, and federal government agencies will be exempted from the increase for three years. Moreover, PACER users who do not accrue charges of more than $15 in a quarterly billing cycle would not be charged a fee. (The current exemption is $10 per quarter.) The courts estimate that the expanded exemption still means that 75%-80% of all users will pay no fees.

Click here for more information about the EPA fee increase.

State Judicial Issues New Forms Regarding Inmate Filing Fees

The Colorado State Judicial Branch has issued a revised form for inmates to request to file in court without payment of filing and service fees. State Judicial also released a new finding and order form for such a request. Practitioners should begin using the new forms immediately.

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

Filing Fees

  • JDF 201 – “Inmate Motion Requesting to File Without Prepayment of Filing/Service Fees” (revised 9/11)
  • JDF 202 – “Finding and Order Concerning Inmate Motion” (9/11)