April 21, 2019

Colorado Court of Appeals: Complaint Timely Filed in ICCES Despite Selection of Wrong District Court

The Colorado Court of Appeals issued its opinion in Maslak v. Town of Vail on Thursday, January 15, 2015.

CRCP 106(a)(4)—Complaint—E-filing—Lack of Subject Matter Jurisdiction.

The Town of Vail (Town) and the Vail Recreation District (VRD) submitted an application to the Planning Commission to amend the Vail Golf Course’s conditional use permit so the golf course could be expanded to accommodate an events center. Over the objections of plaintiffs (collectively, homeowners), the Planning Commission approved the application. The homeowners appealed the Planning Commission’s decision to the Town Council, which upheld the decision. The homeowners then filed a CRCP 106(a)(4) complaint, seeking review of the Town Council’s decision. Although the complaint was timely filed, it was inadvertently e-filed in Denver District Court, the wrong district court. The complaint was thereafter e-filed in the Eagle County District Court, the correct district court, but by then it was not timely. The court granted defendants’ motions to dismiss for lack of subject matter jurisdiction and awarded defendants their attorney fees.

On appeal, the homeowners contended that, because their complaint was timely filed (albeit in the wrong court), the Eagle County District Court erred in dismissing it for lack of subject matter jurisdiction. The Court of Appeals agreed. The fact that the homeowners e-filed their complaint with the Denver District Court did not deprive the Eagle County District Court of its subject matter jurisdiction over the action. Furthermore, submitting the complaint to the “correct court” pursuant to the Denver District Court Clerk’s e-filing rejection notice instructions, did not constitute the filing of an entirely new and separate action for purposes of invoking district court jurisdiction within the twenty-eight-day jurisdictional window. The orders were vacated and the case was remanded with directions.

Summary and full case available here, courtesy of The Colorado Lawyer.

Electronic Filing and Service Rule of Criminal Procedure Updated

On December 29, 2014, the Colorado Supreme Court approved and adopted Rule Change 2014(17), amending the Colorado Rules of Criminal Procedure. Rule Change 2014(17) amended C.R. Crim. P. 49.5, “Electronic Filing and Service System.” The changes were minor, including updating the web address for the e-filing system, changing capitalization and punctuation, and moving the rule about nunc pro tunc orders. The rule change also added a Committee Comment. A redline of the changes is available here.

For all of State Judicial’s adopted and proposed rule changes, click here.

CJD 11-01 Amended Regarding e-Filing in Criminal Cases

The Colorado State Judicial Branch released Chief Justice Directive 11-01, “Directive Concerning Statewide Electronic Filing Standards,” on Monday, October 6, 2014. The CJD was signed and effective September 30, 2014, in anticipation of the criminal e-filing pilot project scheduled to begin October 6, 2014, in Pueblo.

The amendments to the Chief Justice Directive are meant to address specific issues that will arise in criminal e-filing. In addition, Appendix B was added to specify reasons why cases would be rejected for e-filing.

For the full text of CJD 11-01, click here. For all of the Colorado Supreme Court Chief Justice Directives, click here.

New Rule of Criminal Procedure Added Regarding e-Filing

On Wednesday, September 24, 2014, the Colorado Supreme Court issued Rule Change 2014(12), adding new Rule 49.5, “Electronic Filing and Service System,” to the Colorado Rules of Criminal Procedure. The new rule is effective immediately.

The rule provides that e-filing and e-service may be used for criminal cases in Colorado as determined by the Colorado Supreme Court through Chief Justice Directives. The rule was added in anticipation of the criminal e-filing pilot program in Pueblo, scheduled to begin in October.

For the complete text of the new rule, click here. For all the Colorado Supreme Court’s rule changes, click here.

CJD 08-02 Amended Regarding Cost Recovery Fees for Electronic Access to Court Records

On September 11, 2014, the Colorado Supreme Court amended CJD 08-02, “Directive Concerning Assessment of Cost Recovery Fees for Maintaining the Technical Infrastructure Necessary to Support Electronic Access to Court Records.” The changes to CJD 08-02 are effective October 1, 2014.

The changes to CJD 08-02 affect criminal e-filing fees and e-service fees. The changes were made in preparation for the launch of the pilot criminal e-filing system in Pueblo on October 6, 2014.

For the full text of CJD 08-02, click here. For all the Chief Justice Dirctives, click here.

Changes to Colorado Rules of Civil Procedure, Rules for Magistrates, and County Court Civil Procedure Announced

On Wednesday, January 8, 2014, the Colorado State Judicial Branch announced the final rules changes of 2013, Rule Change 2013(17) and Rule Change 2013(18), amended and adopted by the supreme court on December 31, 2013.

Rule Change 2013(17) amends § 1-26 of C.R.C.P. 121 and Rule 305.5 of the Colorado Rules of County Court Civil Procedure. The changes outline amended procedures for use of the state’s electronic filing system, ICCES, by pro hac vice or other out-of-state attorneys. The Comments to these rules have also been amended to reflect that ICCES is now the official e-filing system for Colorado.

Rule Change 2013(18) amends § 1-15 of C.R.C.P. 121 and Rule 7 of the Colorado Rules for Magistrates. The changes to C.R.C.P. 121 amend the time in which affidavits may be filed in support of motions. The changes to C.R.M. 7 specify that an order that effectively ends a case shall be subject to de novo review.

For the complete list of the Colorado Supreme Court’s rules changes, click here.

Electronic Filing Rule Under C.R.C.P. 121 and Rule 305.5 Amended by Colorado Supreme Court

On May 9, 2013, the Colorado Supreme Court issued Rule Change 2013(04). The changes affect C.R.C.P. 121, § 1-26, and Rule 305.5 of the Colorado Rules of County Court Civil Procedure.

The rule change deletes language from C.R.C.P. 121 and Rule 305.5 regarding addresses and contact information in the e-service database. The rule changes clarify that service must be made pursuant to C.R.C.P. 4 and 5, and delete the requirement that the serving party or serving party’s attorney must provide the best known address for each party served.

For a redline of the changes to C.R.C.P. 121, § 1-26, and Rule 305.5 of the Colorado Rules of County Court Civil Procedure, click here. For a complete list of the Supreme Court’s 2013 rule changes, click here.

Colorado State Judicial Branch Partners with File & Serve Xpress for Rollout of ICCES Filing System

The Colorado State Judicial Branch announced on Thursday, December 13, 2012, that it would partner with File & Serve Xpress, formerly known as LexisNexis File & Serve, in order to ensure a smooth transition to its new ICCES filing system.

The implementation of the ICCES filing system will be effective in all judicial districts in Colorado by June 3, 2013. It is set to begin in the Second Judicial District on January 7, 2013, and there is a staggered implementation schedule for the counties. It is fully operational, and is currently being used in the Fourteenth, Seventeenth, and Twentieth Judicial Districts.

File & ServeXpress will provide e-filing services to the judicial districts until ICCES is brought online. Pricing for e-filing with File & ServeXpress will remain the same as it was under LexisNexis and to e-file with ICCES.

For more information on ICCES, click here, and for the staggered schedule of implementation for ICCES, click here.

ICCES Implementation Delayed in 8th Judicial District

The implementation of the pilot transition to the Integrated Colorado Courts E-Filing System (ICCES) has been delayed in the 8th Judicial District, which encompasses Larimer and Jackson counties. Originally scheduled for December 3rd, the ICCES pilot program will now begin there on December 19th. All electronic case filing must be done through ICCES once a pilot district goes live. ICCES has already begun in the 14th, 17th, and 20th Judicial Districts, and will go statewide January 1, 2013. For more information on ICCES, go to the State Court Administrator’s Office website.

Mandatory E-Filing in Domestic Relations Cases in Denver Starts January 1, 2013

The Honorable Robert S. Hyatt, Chief Judge of the Second Judicial District, issued an order mandating e-filing for all district court domestic relations cases in the Second Judicial District, effective January 1, 2013. Parties filing domestic relations cases must e-file through State Judicial’s new ICCES filing system. Mandatory e-filing of civil cases in the Denver District Court has been effective since December 1, 2010.

Pro se litigants will continue to file in paper through the clerk’s office, since they do not have access to ICCES. The clerk will scan and e-file documents for pro se litigants at no charge. Attorneys who file in paper will be charged $50 per document to have the documents scanned and e-filed by the court. If a document is e-filed using any status other than “Public,” the submitting attorney must state specific authority for limiting access to the document.