March 21, 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 A comment has been added to Rule 80, stating “C.R.C.P. 80 has been repealed as Chief Justice Directive 05-03 entitled, Management Plan for Court Reporting and Recording Services, addresses matters related to court reporters in District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.