Keeping Up With Local Dissolution Procedures
| Publication year | 1983 |
| Pages | 767 |
1983, May, Pg. 767. Keeping Up With Local Dissolution Procedures
The Colorado Supreme Court enacted Rule 121 on April 1, 1982, which came into effect on July 1, 1982. The rule sets forth certain practice standards, which are to be followed statewide and which "preempt and control in their form and content over any differing local rule" [C.R.C.P. 121 (b)].
The rule is helpful, but leaves room for many varied procedures in the domestic relations practice of law. Paragraph (a) of C.R.C.P. Rule 121 allows that
These local rules shall become effective forty-five days after being lodged with the Supreme Court unless they are rejected during that period. Section 1-6 of C.R.C.P. Rule 121(b) prescribes the format of Notices to Set but does not set forth a time for settings, which allows each judge to make policy regarding when and how cases will be setEach court by action of a majority of its judges may from time to time make and amend local rules not inconsistent with the Colorado Rules of Civil Procedure or Practice Standards set forth in C.R.C.P., 121(b) nor inconsistent with any directive of the Supreme Court.
The Rule further allows for variances in that Section 1-18, which outlines Pre-Trial Procedure and Pre-Trial Conferences, exempts juvenile, mental health and marital dissolution proceedings unless required by the individual trial court. Committee comments to C.R.C.P. Rule 121(b), Section 1-18, state that a special "Practice Standard" relating to the specialized practice of Dissolution of Marriages is contemplated. Work on such special standards has been commenced by the Family Law Section of the Colorado Bar Association. The referees of Colorado are also drafting standardized procedures for practice before a referee.
Until these family law guidelines are drafted and approved, however, practice in this area continues to be localized. The following checklist is therefore presented to help keep the practitioner updated as to current procedures.
a. Determine which clerk is responsible for setting Temporary Orders hearings.
b. Determine which clerk is responsible for setting Permanent Orders hearings.
c. Determine how the clerk prefers settings to be done (in person or by phone) and when (which days and what time...
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