Court Business
| Publication year | 2013 |
| Pages | 141 |
| Citation | Vol. 42 No. 8 Pg. 141 |
Nancy E. Rice Justice, Colorado Supreme Court
From the Courts
Court Business
Colorado Supreme Court Rules Committee
Rule Change 2013(07)
Colorado Rules of Civil Procedure
Chapter 13, Seizure of Person or Property
Rule 103. Garnishment
Chapter 17A, Rule 121. Local Rules
Section 1-15, Determination of Motions
Colorado Rules of County Court Civil Procedure
Chapter 25, Rule 403. Garnishment
Rule 411. Appeals
Amended and Adopted
Rule 103. Garnishment
Section 1 [No change]
Section 2
(a) through (f) [No change]
(g) Court Order on Garnishment Answer.
(1) If an answer to a writ with notice shows the garnishee is indebted to the judgment debtor, the clerk shall enter judgment in favor of the judgment debtor and against the garnishee for the use of the judgment creditor in an amount not to exceed the total amount due and owing on the judgment and if the judgment creditor is pro se, request such indebtedness paid into the registry of the court. However, if the judgment creditor is represented by an attorney or is a collection agency licensed pursuant to 12-14-101, et seq., C.R.S., the garnishee shall pay the funds directly to the attorney or licensed collection agency.
(2) through (4) [No change]
Sections 3 through 12 [No change]
Section 1-15, Determination of Motions
1. through 9. [No change]
10. Proposed Order. Except for orders containing signatures of the parties or attorneys as required by statute or rule, each motion shall be accompanied by a proposed order submitted in editable format. The proposed order complies with this provision if it states that the requested relief be granted or denied.
Rule 403. Garnishment
Section 1 [No change]
Section 2, Writ of Garnishment (On Personal Property Other Than Earnings of Natural Person) With Notice of Exemption and Pending Levy ( a) through (f) [No change]
(g) Court Order on Garnishment Answer.
(1) If an answer to a writ with notice shows the garnishee is indebted to the judgment debtor, the clerk shall enter judgment in favor of the judgment debtor and against the garnishee for the use of the judgment creditor in an amount not to exceed the total amount due and owing on the judgment and if the judgment creditor is pro se, request such indebtedness be paid to the registry of the court. However, if the judgment creditor is represented by an attorney or is a collection agency licensed pursuant to 12-14-101, et seq., C.R.S., the garnishee shall pay the funds directly to the attorney or licensed collection agency.
(2)through (4) [No change]
(h) and (i) [No change]
Sections 3 through 12 [No change]
Rule 411. Appeals
(a) [No change]
(b) Preparation of Record on Appeal. Upon the deposit of the estimated record fee, the clerk of the court shall prepare and issue as soon as may be possible a record of the proceedings in the county court, including the summons, the complaint, proof of service, and the judgment. The record shall also include a transcription of such part of the actual evidence and other proceedings as the parties may designate or, in lieu of transcription, to which they may stipulate. If a stenographic record has been maintained or the parties agree to stipulate, the party appealing shall lodge with the clerk of the court the reporter's transcript of the designated evidence or proceedings, or a stipulation covering such items within 42 days after the filing of the notice of appeal. If the proceedings have been electronically recorded, the transcription of designated evidence and proceedings shall be prepared in the office of the clerk of the county court or under the supervision of the clerk, within 42 days after the filing of the notice of appeal. The clerk shall notify, in writing, the opposing parties of the completion of the record, and such parties shall have 21 days within which to file objections. If none is received, the record shall be certified forthwith by the judge. If objections are made, the parties shall be called for hearing and the objections settled by the county judge as soon as possible, and the record then certified.
(c) through (e) [No change]
Amended and Adopted by the Court, en banc, June 7, 2013, effective immediately.
By the Court:
Rule Change 2013(08)
Appendix A to Chapter 27-Colorado Probate Code Forms
Amended, New and Repealed Forms
Amended and Adopted
Amended Forms
JDF 827-Order Appointing Guardian for Minor
JDF 828-Order Appointing Temporary Guardian for Minor
JDF 829-Order Appointing Emergency Guardian for Minor
JDF 830-Letters of Guardianship-Minor
JDF 843-Order Appointing Emergency Guardian for Adult
JDF 846-Order Appointing Temporary Substitute Guardian for Adult
JDF 848-Order Appointing Guardian for Adult
JDF 998-Instructions for Completing Affidavit for the Collection of Personal Property
JDF 999-Collection of Personal Property by Affidavit Pursuant to § 15-12-1201, C.R.S.
New Form
JDF 885-Conservator's Report
Repealed Forms
JDF 733 and 734-Motion and Order to Move Trust Registration
Amended and Adopted by the Court, en banc, June 19, 2013, effective immediately.
By the Court:
Nancy E. Rice Justice, Colorado Supreme Court
Colorado Judicial Department Chief Justice of the Supreme Court Directives
Notice of Availability
Chief Justice Directives (CJDs) are available online at www.courts.state.co.us/Courts/Supreme_Court/Directives/Index.cfm. The website lists CJDs by date and allows users to search by topic. Hard copies of the CJDs are available for $.25 per page (approximately $125 for a full set) and may be obtained through the Colorado Office of the State Court Administrator, www.courts.state.co.us/Administration/Index.cfm.
Publication in The Colorado Lawyer
CJDs will be published on a space-available basis in this "Court Business" section of The Colorado Lawyer. Attachments may be omitted for space reasons. To obtain a copy of attachments, contact: Court Services Division, Colorado Office of the State Court Administrator, visit www.courts.state.co.us/Courts/Supreme_Court/Directives/Index.cfm.
CJD 05-01
Access to Court Records Amended and Superseding CJD 98-05
The purpose of this directive is to provide reasonable access to court records while simultaneously ensuring confidentiality in accordance within existing laws, policies and procedures. In addition, this directive is intended to: provide direction to Judicial Branch personnel, promote the accuracy and validity of the information in court records that is released to the public, and provide guidance regarding the content of the Judicial Branch web sites.
A public access committee has been created to recommend policies and procedures as necessary to facilitate the release of and provide for the accuracy of court records while protecting the privacy interests of persons about whom information exists. The committee also recommends policies and procedures for the cost recovery of making court records available to the public and standards for Judicial Branch web sites. Requests to inspect or obtain copies of court records of the Judicial Branch shall be made pursuant to the procedures identified in the policy. The policy procedures shall govern the completion of court record requests.
The policy and procedures recommended by the committee may be adopted as an order of the Colorado Supreme Court by the Justice appointed by the Chief Justice as chair of that committee. This policy shall be entitled "Public Access to Court Records," and shall be available to Judicial Branch personnel and to the public. The policy may be amended in the same manner as provided for its adoption.
This directive supersedes Chief Justice Directive 98-05, one at Denver, Colorado April 27, 2005, Mary J. Mullarkey...
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