Colorado Supreme Court Rules Committees

JurisdictionColorado,United States
CitationVol. 51 No. 6 Pg. 66
Pages66
Publication year2022
Colorado Supreme Court Rules Committees
No. Vol. 51, No. 6 [Page 66]
Colorado Lawyer
June, 2022

FROM THE COURTS COURT BUSINESS

Notice of Request for Comments

Colorado Rules of

Professional Conduct

Deadline for Comments:

July 22, 2022, at 4 p.m.

The Colorado Supreme Court requests written public comments by any interested person on the proposed change to Rule 1.8 and Comments of the Colorado Rules of Professional Conduct. Public comments may be submitted in letter format addressed as follows: Colorado Supreme Court, 2 E. 14th Avenue, Denver, CO 80202. If submitting a public comment by email, please attach your submission as a separate document to your email in Word or PDF format and email to: supremecourtrules@judicial.state.co.us.

Comments must be received no later than 4:00 p.m. on July 22, 2022. Written comments will be posted on the Colorado Supreme Court's website at the URL listed below.

By the Court:

Monica M. Marquez

Justice, Colorado Supreme Court

Note: The proposed amendments can be found on the Court's website at https://www.courts.state.co.us/Courts/ Supreme_Court/Rule_Changes.cfm

Rule Change 2022(07) The Colorado Rules for Civil Infractions

Chapter 29.9: The Colorado Rules for Civil Infractions

Rule 1. Scope and Purpose

These rules govern the procedure in the determination of civil infractions. They are intended to provide for the just determination of civil infractions, and are to be construed to secure simplicity in procedure, fairness in administration, and elimination of unjustifiable expense and delay.

Rule 2.

Application These rules apply to all proceedings alleging only a civil infraction in the State of Colorado. These rules do not apply to municipal ordinances or charter violations. To the extent these rules do not cover a particular topic, consulting Colorado's Rules of Criminal Procedure may be instructive to the determination of a fair and just procedure.

Rule 3. Definitions

(a) Appearance. For purposes of the Rules for Civil Infractions, "appearance" may be in person or by interactive audio or audio-visual format, except that a final hearing must be held in person unless the defendant consents to the hearing being held by interactive audio or audio-visual format.

(b) Charging document. "Charging document" includes a summons, a summons and complaint, notice, or a penalty assessment.

(c) Judicial Officer. "Judicial Officer" includes any district court judge, county court judge, magistrate, or judge acting as a magistrate who hears a civil infraction matter.

(d) Officer. "Officer" as used in these rules means any person defined as a "Peace Officer" in section 16-2.5-101, C.R.S. and who has not been convicted of a felony and who has not been convicted of any misdemeanor as described in section 24-31-305(1.5), C.R.S., or released or discharged from the armed forces of the United States under dishonorable conditions.

Rule 4. Commencement of Action

(a) Issuance of a charging document for civil infraction. A charging document may be issued by an Officer when present or with probable cause when not present. A copy shall be filed with the county court where the civil infraction is alleged to have occurred, and a copy is to be provided to the District Attorney with jurisdiction in that county.

(b) Service. A charging document may be issued by a county court in a prosecution for a civil infraction by giving a copy to the defendant personally, or by leaving the summons at the defendant's domicile or place of abode with a person 18years of age or older residing therein, or by mailing a copy to the defendant's last known address. If a person refuses to accept service of the charging document, tender of the charging document by the Officer to the person constitutes personal service.

(c) Content.

(1) Adult. The charging document issued to a person aged 18 or older shall include the following: (a) the identification of the alleged offender, (b) the name of the civil infraction alleged, (c) citation to the civil...

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