Court Business

• Publication year: 2004
• Pages: 171

33 Colo.Law. 11 Colorado Lawyer 2004.

2004, August, Pg. 171. Court Business

Vol. 33, No. 8, Pg. 11

The Colorado Lawyer
August 2004
Vol. 33, No. 8 [Page 171]

From the Courts
Court Business
Court Business

Colorado Supreme Court Rules Committee
Rule Change 2004(12)
Appendix to Chapter 26 Small Claims Courts Forms
JDF 250 Notice Claim and Summons to Appear for Trial (Part 1)
JDF 250 Notice Claim and Summons to Appear for Trial (Part 2)
JDF 250 Notice Claim and Summons to Appear for Trial (Part 3)
JDF 250 Notice Claim and Summons to Appear for Trial (Part 4)
Amended and Adopted

Introductory Statement

Forms of captions are to be consistent with Rule 10, C.R.C.P

An addendum should be used for identifying additional parties or attorneys when the space provided on a pre-printed or computer-generated form is not adequate

Amended and Adopted by the Court, En Banc, June 10, 2004 effective July 1, 2004. [Note: Corresponding forms and Appendices may be accessed from the Courts' website: http://www.courts.state.co.us.]

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

Rule Change 2004(11)
The Colorado Rules of Civil Procedure, Chapter 2
Rule 8. General Rules of Pleading
Rule 10. Form and Quality of Pleadings, Motions, and Other Documents
Rule 16.1. Simplified Procedure for Civil Actions
Appendix to Chapters 1 to 17 (New Forms 1.2 - JDF 601 and 1.3 - JDF602)
Amended and Adopted

Amended and Adopted by the Court, En Banc, June 10, 2004. Effective for District Court Civil Actions filed on or after July 1, 2004. [Note: Corresponding forms and Appendices may be accessed from the Courts' website: http://www.courts.state. co.us.]

By the Court:

Gregory J. Hobbs, Jr.
Justice, Colorado Supreme Court

Chapter 2. Pleadings and Motions
Rule 8. General Rules of Pleading

(a) Claims for Relief. A pleading which sets forth a claim for a relief whether an original claim, counterclaim, cross-claim, or a third-party claim, shall contain: (1) If the court is of limited jurisdiction, a short and plain statement of the grounds upon which the court's jurisdiction depends; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for judgment for the relief to which the pleader claims to be entitled. No dollar amount shall be stated in the prayer or demand for relief. Relief in the alternative or of several different types may be demanded. Each pleading containing an initial claim for relief in a civil action, other than a domestic relations, probate, water, juvenile, or mental health action, shall be accompanied by a completed Civil Cover Sheet in the form and content of Appendix to Chapters 1 to 17, Form 1.2 (JDF 601), at the time of filing. Failure to file the cover sheet shall not be considered a jurisdictional defect in the pleading but may result in a clerk's show cause order requiring its filing.

(b) - (f) [No Change]

Chapter 2. Pleadings and Motions
Rule 10. Form and Quality of Pleadings, Motions and Other Documents

(a) - (d)(2)(II) [No Change]

(d)(2)(III) Case Caption Information: All documents shall contain the following information arranged in the following order, as illustrated by paragraphs (e) and (f) of this rule, except that documents issued by the court under the signature of the clerk or judge should omit the attorney section as illustrated in paragraphs (e)(2) and (f)(2). Individual boxes should separate this case caption information; however, vertical lines are not mandatory.

On the left side:
Court name and mailing address.
Name of parties.
Name, address, and telephone number of the attorney or pro se party filing the document.
Fax number and e-mail address are optional.
Attorney registration number.
Document title.

On the right side:
An area for "Court Use Only" that is at least 2-1/2 inches in width and 1-3/4 inches in length (located opposite the court and party information).
Case number, division number, and courtroom number (located opposite the attorney information above).

(3) - (4) [No Change]
(e) Illustration of Preferred Case Caption Format:
(1) Preferred Caption for documents initiated by a party:

[See Courts' website, http://www.courts.state.co.us, for illustrations.]

Rule 16.1. Simplified Procedure for Civil Actions

(a) - (b)(2) [No Change]

(b)(3) Each pleading containing an initial claim for relief in a civil action, other than a domestic relations, probate, water, juvenile, or mental health action, shall be accompanied by a completed Civil Cover Sheet in the form and content of Appendix to Chapters 1 to 17, Form 1.2 (JDF 601), at the time of filing. Failure to file the cover sheet shall not be considered a jurisdictional defect in the pleading but may result in a clerk's show cause order requiring its filing.

(c) [No Change]

(d) Election for Exclusion from This Rule. This Rule shall apply unless, no later than 35 days after the case is at issue as defined in C.R.C.P. 16(b)(1), any party files a written notice, signed by the party and its counsel, if any, stating that the party elects to be excluded from the application of Simplified Procedure, set forth in this Rule 16.1. The use of a "Notice to Elect Exclusion From C.R.C.P. 16.1 Simplified Procedure" in the form and content of Appendix to Chapters 1 to 17, Form 1.3 (JDF 602), shall comply with this section. In the event a notice is filed, C.R.C.P. 16 shall govern the action.

(e) - (l) [No Change]

[The following is the complete rule C.R.C.P. 16.1, clean version, taking into account Rule Change 2003(19), adopted November 6, 2003; the corrective order to Rule Change 2003(19), adopted January 6, 2004; and the amendments to C.R.C.P. 16.1, adopted June 10, 2004, as part of Rule Change 2004(11). C.R.C.P. 16.1 became effective July 1, 2004, for all District Court Civil Actions filed on or after July 1, 2004.]

Chapter 2

Pleadings and Motions

Rule 16.1. Simplified Procedure for Civil Actions.
(a) Purpose and Summary of Simplified Procedure.
(1) Purpose of Simplified Procedure. The purpose of this Rule is to provide maximum access to the district courts in civil actions; to enhance the provision of just, speedy, and inexpensive determination of civil actions; to provide the earliest practical trials; and to limit discovery and its attendant expense.

(2) Summary of Simplified Procedure. Under this Rule, Simplified Procedure generally applies to all civil actions, whether for monetary damages or any other form of relief unless expressly excluded by this Rule or the pleadings, or unless a party timely and properly elects to be excluded from its provisions. This Rule normally limits the maximum allowable monetary judgment to $100,000 against any one party. This Rule requires early, full disclosure of persons, documents, damages, insurance and experts, and early, detailed disclosure of witnesses' testimony, whose direct trial testimony is then generally limited to that which has been disclosed. Normally, no depositions, interrogatories, document requests or requests for admission are allowed, although examination under C.R.C.P. 34(a)(2) and 35 is permitted.

(b) Actions Subject to Simplified Procedure. This Rule applies to all civil actions other than:

(1) civil actions that are class actions, domestic relations, juvenile, mental health, probate, water law, forcible entry and detainer, C.R.C.P. 106 and 120, or other similar expedited proceedings, unless otherwise stipulated by the parties; or

(2) civil actions in which any party seeks a monetary judgment from any other party of more than $100,000, exclusive of interest and costs.

(3) Each pleading containing an initial claim for relief in a civil action, other than a domestic relations, probate, water, juvenile, or mental health action, shall be accompanied by a completed Civil Cover Sheet in the form and content of Appendix to Chapters 1 to 17, Form 1.2 (JDF 601), at the time of filing.

Failure to file the cover sheet shall not be considered a jurisdictional defect in the pleading but may result in a clerk's show cause order requiring its filing.

(c) Limitations on Damages. In cases subject to this Rule, a claimant's right to a monetary judgment against any one party shall be limited to a maximum of $100,000, including any attorney fees, penalties or punitive damages, but excluding interest and costs. The $100,000 limitation shall not restrict an award of non-monetary relief. The jury shall not be informed of the $100,000 limitation. If the jury returns a verdict for damages in excess of $100,000, the trial court shall reduce the verdict to $100,000.

(d) Election for Exclusion from This Rule. This Rule shall apply unless, no later than 35 days after the case is at issue as defined in C.R.C.P. 16(b)(1), any party files a written notice, signed by the party and its counsel, if any, stating that the party elects to be excluded from the application of Simplified Procedure, set forth in this rule 16.1. The use of a "Notice to Elect Exclusion From C.R.C.P. 16.1 Simplified Procedure" in the form and content of Appendix to Chapters 1 to 17, Form 1.3 (JDF 602), shall comply with this section. In the event a notice is filed C.R.C.P. 16 shall govern the action.

(e) Election for Inclusion Under This Rule. In actions excluded by subsection (b)(2) of this Rule, within 45 days after the case is at issue, as defined in C.R.C.P. 16(b)(1), the parties may file a stipulation to be governed by this Rule. In such event, they will not be bound by the $100,000 limitation on judgments contained in section (c) of this Rule.

(f) Case Management Orders. In actions subject to Simplified Procedure...