Court Business

• Publication year: 1998
• Pages: 101
• Citation: Vol. 27 No. 8 Pg. 101

27 Colo.Law. 101 Colorado Lawyer 1998.

1998, August, Pg. 101. Court Business

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101

Vol. 27, No. 8, Pg. 101

The Colorado Lawyer
August 1998
Vol. 27, No. 8 [Page 101]

From the Courts
Court Business
Court Business

C.R.C.P. 11. Signing of Pleadings

(a) OBLIGATIONS OF PARTIES AND ATTORNEYS

[Subsection designation of (a) and title added to first and second paragraphs of original text of Rule 11-no change to original text.]

(b) LIMITED SCOPE OF ENGAGEMENT

WHEN AN ATTORNEY SUBSTANTIALLY DRAFTS A PLEADING OR PAPER TO BE SIGNED AND FILED BY A PRO SE PARTY, OTHER THAN ASSISTING IN THE COMPLETION OF COURT APPROVED FORMS, THE ATTORNEY BY SUCH PARTICIPATION CERTIFIES THAT TO THE BEST OF THE ATTORNEY'S KNOWLEDGE, INFORMATION AND BELIEF BASED UPON A REASONABLE INQUIRY CONSISTENT WITH THE LIMITED SCOPE OF THE ATTORNEY'S REPRESENTATION OF THE CLIENT, THE PLEADING OR PAPER IS WELL-GROUNDED IN FACT AND IS WARRANTED BY EXISTING LAW OR A GOOD FAITH ARGUMENT FOR THE EXTENSION, MODIFICATION OR REVERSAL OF EXISTING LAW, AND THAT IT IS NOT INTERPOSED FOR ANY IMPROPER PURPOSE, SUCH AS TO HARASS OR TO CAUSE UNNECESSARY DELAY OR NEEDLESS INCREASE IN THE COST OF LITIGATION

SUCH A PLEADING OR PAPER SHALL STATE THAT IT WAS PREPARED BY OR WITH THE ASSISTANCE OF AN ATTORNEY AND SHALL INCLUDE THE ATTORNEY'S NAME, ADDRESS, TELEPHONE NUMBER AND REGISTRATION NUMBER. THE ATTORNEY SHALL ADVISE THE PRO SE PARTY THAT THE PLEADING OR OTHER PAPER MUST CONTAIN THIS STATEMENT.

THE ATTORNEY'S DRAFTING OF A PLEADING OR PAPER TO BE SIGNED AND FILED BY A PRO SE PARTY SHALL NOT CONSTITUTE AN ENTRY OF APPEARANCE BY THE ATTORNEY FOR PURPOSES OF C.R.C.P. 121, SECTION 1-1 OR C.R.C.P. 5(b), AND DOES NOT AUTHORIZE OR REQUIRE THE SERVICE OF PAPERS UPON THE ATTORNEY. THE ATTORNEY'S VIOLATION OF C.R.C.P. 11 MAY SUBJECT THE ATTORNEY TO THE SANCTIONS PROVIDED IN C.R.C.P. 11(a).

C.R.C.P. 311. Signing of Pleadings.

(a) OBLIGATIONS OF PARTIES AND ATTORNEYS.

[Subsection designation of (a) and title added to original text of Rule 311-no change to original text.]

(b) LIMITED SCOPE OF ENGAGEMENT.

WHEN AN ATTORNEY SUBSTANTIALLY DRAFTS A PLEADING OR PAPER TO BE SIGNED AND FILED BY A PRO SE PARTY, OTHER THAN ASSISTING IN THE COMPLETION OF COURT APPROVED FORMS, THE ATTORNEY BY SUCH PARTICIPATION CERTIFIES THAT TO THE BEST OF THE ATTORNEY'S KNOWLEDGE, INFORMATION AND BELIEF BASED UPON A...