Colorado Supreme Court, 0918 COBJ, Vol. 47, No. 8 Pg. 88
| Position | Vol. 47, 8 [Page 88] |
August, 2018
COURT BUSINESS
Rules Committees
Rule Change 2018(07) Colorado Appellate Rules Rule 10. Appendix to Chapter 32, Form 8, Designation of Transcripts. Rules 21, 21.1, 49, 50, 51, 51.1, 52, 53, 54, 56 and 57
Rule 21. Procedure in Original Proceedings
(a) Original Jurisdiction Under the Constitution.
(1) This rule applies only to the original jurisdiction of the supreme court to issue writs as provided in Section3 of Article VI of the Colorado Constitution and to the exercise of the supreme court's general superintending authority over all courts as provided in Section 2 of Article VI of the Colorado Constitution. Relief under this rule is extraordinary in nature and is a matter wholly within the discretion of the supreme court. Such relief will be granted only when no other adequate remedy, including relief available by appeal or under C.R.C.P. 106, is available.
(2) Petitions to the supreme court in the nature of mandamus, certiorari, habeas corpus, quo warranto, injunction, prohibition and other forms of writs cognizable under the common law are subject to this rule. The petitioner need not designate a specific form of writ when seeking relief under this rule.
(b) How Sought; Proposed Respondents.
Petitioner must file a petition for a rule to show cause specifying the relief sought and must request the court to issue to one or more proposed respondents a rule to show cause why the relief requested should not be granted. The proposed respondent(s) should be the real party (or parties) in interest.
(c) Docketing of Petition and Fees; Form of Pleadings. Upon the filing of a petition for a rule to show cause, petitioner must pay to the clerk of the supreme court the docket fee of $225.00. All documents filed under this rule must comply with C.A.R. 32.
(d) Content of Petition and Service.
(1) The petition must be titled, "In Re [Caption of Underlying Proceeding]." If there is no underlying proceeding, the petition must be tided, "In Re [Petitioner v. Proposed Respondent]."
(2) The petitioner has the burden of showing that the court should issue a rule to show cause. To enable the court to determine whether a rule to show case should be issued, the petition must disclose in sufficient detail the following:
(A) the identity of the petitioner and of the proposed respondent(s), together with, if applicable, their party status in the underlying proceeding (e.g., plaintiff, defendant, etc.);
(B) the identity of the court or other underlying tribunal, the case name and case number or other identification of the underlying proceeding, if any, and identification of any other related proceeding;
(C) the identity of the persons or entities against whom relief is sought;
(D) the ruling, action, or failure to act complained of and the relief being sought;
(E) the reasons why no other adequate remedy is available;
(F) the issues presented;
(G) the facts necessary to understand the issues presented;
(H) argument and points of authority explaining why the court should issue a rule to show cause and grant the relief requested; and (I) a list of supporting documents, or an explanation of why supporting documents
(3) The petition must include the names, addresses, telephone numbers, e-mail addresses (if any), and fax numbers (if any) of all parties to the underlying proceeding; or, if a party is represented by counsel, the attorney's name, address, telephone number, e-mail address (if any), and fax number (if any).
(4) The petition must be served upon each party and proposed respondent and, if applicable, upon the lower court or tribunal.
(e) Supporting Documents.
A petition must be accompanied by a separate, indexed set of available supporting documents adequate to permit review. In cases involving an underlying proceeding, the following documents must be included:
(1) the order or judgment from which relief is sought if applicable;
(2) documents and exhibits submitted in the underlying proceeding that are necessary for a complete understanding of the issues presented;
(3) a transcript of the proceeding leading to the underlying order or judgment if available.
(f) Stay; Jurisdiction.
(1) The filing of a petition under this rule does not stay any underlying proceeding or the running of any applicable time limit. If the petitioner seeks a temporary stay in connection with the petition pending the court's determination whether to issue a rule to show cause, a stay ordinarily must be sought in the first instance from the lower court or tribunal. If a request for stay below is impracticable, not promptly ruled upon, or is denied, the petitioner may file a separate motion for a temporary stay in the supreme court supported by accompanying materials justifying the requested stay.
(2) Issuance of a rule to show cause by the supreme court automatically stays all underlying proceedings until final determination of the original proceeding in the supreme court unless the court, acting on its own, or upon motion, lifts the stay in whole or in part.
(g)
No Initial Responsive Pleading to Petition Allowed.
Unless requested by the supreme court, no responsive pleading to the petition may be filed prior to the court's determination of whether to issue a rule to show cause.
(h) Denial; Rule to Show Cause.
(1) The court in its discretion may issue a rule t o show cause or deny the petition without explanation and without an answer by any respondent.
(2) The clerk, by first class mail, will serve the rule to show cause on all persons ordered or invited by the court to respond and, if applicable, on the judge or other officer in the underlying proceeding.
(i) Response to Rule to Show Cause.
(1) The court in its discretion may invite or order any person in the underlying proceeding to respond to the rule to show cause within a fixed time and may invite amicus curiae participation. Any person in the underlying proceeding may request permission to respond to the rule to show cause but may not respond unless invited or ordered to do so by the court. Those ordered by the court to respond are the respondent.
(2) The response to any order of the court must conform with C.A.R. 28(g) and32.Any responses submitted by amicus curiae must comply with C.A.R. 29.
(3) Two or more respondents may respond jointly.
(j) Reply to Response to Rule to Show Cause.
The petitioner may submit a reply brief within the time fixed by the court. Any reply must conform with C.A.R. 28(g) and 32.
(k) No Oral Argument.
There will be no oral argument unless ordered by the court.
(l) Opinion Discretionary.
The court, upon review, in its discretion may discharge the rule or make it absolute, in whole or in part, with or without opinion.
(m) Petition for Rehearing.
In all proceedings under this rule, where the supreme court has issued an opinion discharging a rule or making a rule absolute, a petition for rehearing may be filed in accordance with the provisions of C.A.R. 40(c)(2).
Credits
Amended eff. Jan. 1, 1984. Repealed and re-adopted eff. Jan. 1, 1999. Amended eff. July 1, 2002; March 3, 2003.
Rule 21.1. Certification of Questions of Law (a) Power to Answer.
The supreme court may answer questions of law certified to it by the Supreme Court of the United States, a Court of Appeals of the United States, a United States District Court, or other federal court, when requested by the certifying court, if there is involved in any proceeding before it questions of law of this state which may be determinative of the cause then pending in the certifying court and as to which it appears to the certifying court that there is no controlling precedent in the decisions of the supreme court.
(b) Method of Invoking.
This rule may be invoked by an order of any of the courts referred to in section (a) upon said court's own motion or upon the motion of any party in which the certified question arose.
(c) Contents of Certification Order.
A certification order must set forth:
(1) The questions of law to be answered; and
(2) A statement of all facts relevant to the questions certified and showing fully the nature of the controversy in which the questions arose.
(d) Preparation of Certification Order.
The certifying court must prepare the certification order, which must be signed by the judge presiding at the hearing, and the clerk of the certifying court must forward the certification order under its official seal to the supreme court. The supreme court may require the original or copies of all or of any portion of the record before the certifying court to be filed under the certification order, if, in the opinion of the supreme court, the record or a portion thereof may be necessary in answering the certified questions.
(e) Fees and Costs of Certification.
Fees and costs of certification are the same as in civil appeals docketed before the supreme court and will be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification.
(f) Briefs and Argument.
If the supreme court agrees to answer the questions certified to it, the court will notify all parties. The parties may not file any briefs unless ordered to do so by the court. If ordered to file briefs, the plaintiff in the trial court, or the appealing party in the appellate court must file its opening brief within 42 days from the date of receipt of the notice, and the opposing party or parties must file an answer brief within 35 days from service of the opening brief. A reply brief may be filed within 21 days of the service of the answer brief. Briefs must comply with the form and...
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