Court Business - January 2008 - Court Business
| Publication year | 2008 |
| Pages | 101 |
2008, January, Pg. 101. Court Business - January 2008 - Court Business
January 2008
Vol. 37, No. 1 [Page 101]
Court Business
Court Business
Visit the related court's website for complete text of rule changes or proposed rule changes issued by the court. Each court's website includes corresponding forms, which are not printed in Court Business, and versions with highlights of revisions (deletions and additions).
Colorado Supreme Court Rules Committee
Correction to Rule Change 2006(04)
Chapter 1
Scope of Rules, One Form of Action, Commencement of Action,
Service of Process, Pleadings, Motions and Orders
Rule 4. Process
(f) Substituted Service. In the event that a party attempting service of process by personal service under section (e) is unable to accomplish service, and service by publication or mail is not otherwise permitted under section (g), the party may file a motion, supported by an affidavit of the person attempting service, for an order for substituted service. The motion shall state (1) the efforts made to obtain personal service and the reason that personal service could not be obtained, (2) the identity of the person to whom the party wishes to deliver the process, and (3) the address, or last known address of the workplace and residence, if known, of the party upon whom service is to be effected . If the court is satisfied that due diligence has been used to attempt personal service under section (e), that further attempts to obtain service under section (e) would be to no avail, and that the person to whom delivery of the process is appropriate under the circumstances and reasonably calculated to give actual notice to the party upon whom service is to be effective, it shall:
Note: No corrective order is issued; this correction corrects typographical error in Rule 4(f) correcting "effective." to "effected."
Corrective Order to Rule Change 2007(09)
Chapter 1
Service of Process, Pleadings, Motions and Orders
Rule 6. Time
(a) Computation. In computing any period of time prescribed or allowed by these rules, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. The term "calendar days" shall mean consecutive days including holidays, Saturdays or Sundays. Unless otherwise specifically ordered, when the period of time prescribed or allowed is less than eleven days and not specified as "calendar days," intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this Rule, "Legal holiday" includes the first day of January, observed as New Year's Day; the third Monday in January, observed as Martin Luther King Day; the third Monday in February, observed as Washington-Lincoln Day; the last Monday in May, observed as Memorial Day; the fourth day of July, observed as Independence Day; the first Monday in September, observed as Labor Day; the second Monday in October, observed as Columbus Day; the 11th day of November, observed as Veteran's Day; the fourth Thursday in November, observed as Thanksgiving Day; the twenty-fifth day of December, observed as Christmas Day, and any other day except Saturday or Sunday when the court is closed.
(b) through (d) [No Change].
(e) Additional Time After Service Under C.R.C.P. 5(b)(2)(B), (C), or (D). Unless otherwise specifically ordered, whenever a party must or may act within a prescribed period after service is made under C.R.C.P. 5(b)(2)(B), (C), or (D), three calendar days shall be added after the prescribed period would expire under the rule that defines the length of the prescribed period.
COMMITTEE COMMENT to Rule 6(e).
The three extra days for service under rule 5(b)(2)(B), (C), and (D) are calendar days and do not exclude weekends and holidays. Of course, if the newly calculated date, after adding the three additional days under Rule 6(e) following service other than personal service, ends on a weekend or holiday, the deadline will be extended to the next business day.
When a deadline for action calculated under Rule 6(a) lands on a Saturday, Sunday or holiday, the three days under Rule 6(e) are to be added from that day, not from the first business...
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