Colorado Supreme Court Rules Committee, 0317 COBJ, Vol. 46 No. 3 Pg. 109
Court Business
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Colorado Supreme Court Rules Committee
Notice of Request for Comments
Colorado Rules of Judicial Discipline
Deadline for Comments: April 13, 2017 at 5:00 p.m.
The Colorado Supreme Court requests written public comments by any interested person on the proposed amendments to the Colorado Rules of Judicial Discipline. Written comments should be submitted to Christopher Ryan, Clerk of the Supreme Court, 2 East 14th Avenue, Denver, CO 80203 no later than 5:00 p.m. on April 13, 2017. The Clerk will post written comments on the Colorado Supreme Court’s website.
By the Court:
Nancy E. Rice
Chief Justice, Colorado Supreme Court
Note: The proposed amendments can be found on the Court’s website at www.courts.state.co.us/Courts/Supreme_Court/Rule_Changes.cfm
Notice of Request for Comments Colorado Rules of Civil Procedure Rules 52 and 53
Colorado Rules for Magistrate Judges Rules 5 and 6 Deadline for Comments: April 13, 2017 at 5:00 p.m.
The Colorado Supreme Court requests written public comments by any interested person on the proposed amendments to the Colorado Rules of Civil Procedure 52 and 53 and Colorado Rules for Magistrates 5 and 6. Written comments should be submitted to Christopher Ryan, Clerk of the Supreme Court, 2 East 14th Avenue, Denver, CO 80203 no later than 5:00 p.m. on April 13, 2017. The Clerk will post written comments on the Colorado Supreme Court’s website.
Allison H. Eid Just ice, Colorado Supreme Court
Note: The proposed amendments can be found on the Court’s website at www.courts.state.co.us/Courts/Supreme_Court/Rule_Changes.cfm
Rule Change 2017(01) Colorado Rules of Civil Procedure
Rules adopted, amended, repealed, and corrected through January 23, 2017.
Rule 33. Interrogatories to Parties
(a) [NO CHANGE]
(b) Answers and Objections.
(1) Each interrogatory shall be answered separately and fully, in writing and under oath, unless it is objected to, in which event the objecting party shall state the reasons for objection and shall answer under oath to the extent the interrogatory is not objectionable. An objection must state with specificity the grounds for objection to the interrogatory and must also state whether any responsive information is being withheld on the basis of that objection. A timely objection to an interrogatory stays the obligation to answer those portions of the interrogatory objected to until the court resolves the objection. No separate motion for protective order under C.R.C.P. 26(c) is required.
(2)–(5) [NO CHANGE]
(c)–(d) [NO CHANGE]
(e) Pattern and Non-Pattern Interrogatories; Limitations. The pattern interrogatories set forth in the Appendix to Chapters 1 to 17A, Form 20, are approved. Any pattern interrogatory and its subparts shall be counted as one interrogatory. Any discrete subparts in a non-pattern interrogatory shall be considered as a separate interrogatory.
COMMENTS
1995 [NO CHANGE]
2017
[1] Pattern interrogatories [Form 20, pursuant to C.R.C.P. 33(e)] have been modified to more appropriately conform to the 2015 amendments to C.R.C.P. 16, 26, and 33. A change to or deletion of a pre-2017 pattern interrogatory should not be construed as making that former interrogatory improper, but instead, only that the p articular interrogatory is, as of the effective date of the 2017 rule change, modified as stated or no longer a “pattern interrogatory.”
[2] The change to C.R.C.P. 33(e) is made to conform to the holding of Leaffer v. Zarlengo, 44 P.3d 1072 (Colo. 2002).
Rule 103. Garnishment
This rule sets forth the exclusive process for garnishment. There shall be five (5) types of writs: (1) Writ of Continuing Garnishment, (2) Writ of Garnishment with Notice of Exemption and Pending Levy, (3) Writ of Garnishment for Support, (4) Writ of Garnishment—Judgment Debtor Other Than Natural Person, and (5) Writ of Garnishment in Aid of Writ of Attachment
SECTION 1 WRIT OF CONTINUING GARNISHMENT (ON EARNINGS OF A NATURAL PERSON)
(a) [NO CHANGE]
(b) Form of Writ of Continuing Garnishment and Related Forms. A writ of continuing garnishment shall be in the form and content of Appendix to Chapters 1 to 17A, Form 26, C.R.C.P. It shall also include at least one (1) “Calculation of Amount of Exempt Earnings” form to be in the form and content of Appendix to Chapters 1 to 17A, Form 27, C.R.C.P. Objection to the calculation of exempt earnings shall be in the form and content of Appendix to Chapters 1 to 17A, Form 28, C.R.C.P.
(c) When Writ of Continuing Garnishment Issues. After entry of judgment when a writ of execution can issue, a writ of continuing garnishment against earnings shall be issued by the clerk of the court upon request of the judgment creditor. Under a writ of continuing garnishment, a judgment creditor may garnish earnings except to the extent such earnings are exempt under law. Issuance of a writ of execution shall not be required.
(d)–(f) [NO CHANGE]
(g) Exemptions. A garnishee shall not be required to deduct, set up or plead any exemption for or on behalf of a judgment debtor excepting as set forth in the Exemption Chart contained in the writ.
(h) Delivery of Copy to Judgment Debtor.
(1) The garnishee shall deliver a copy of the writ of continuing garnishment, together with the calculation of the amount of exempt earnings and the blank copy of C.R.C.P. Form 28, “Objection to the Calculation of the Amount of Exempt Earnings” (Appendix to Chapters 1 to 17A, Form 28, C.R.C.P.), to the judgment debtor at the time the judgment debtor receives earnings for the first pay period affected by such writ.
(2) For all pay periods affected by the writ, the garnishee shall deliver a copy of the calculation of the amount of exempt earnings and the “Judgment Debtor’s Objection to the Calculation of Amount of Exempt Earnings” to the judgment debtor at the time the judgment debtor receives earnings for that pay period.
(i)–(j) [NO CHANGE]
(k) Answer and Tender of Payment by Garnishee.
(1) The garnishee shall file the answer to the writ of continuing garnishment with the clerk of the court and send a copy to the judgment creditor no less than 7 nor more than 14 days following the time the judgment debtor receives earnings for each pay period affected by such writ, or 42 days following the date such writ was served pursuant to section (1)(d) of this rule, whichever is less. However, if the judgment creditor is represented by an attorney, or is a collection agency licensed pursuant to section 12-14-101, et seq., C.R.S., the garnishee shall pay any nonexempt earnings and deliver a calculation of the amount of exempt earnings to the attorney or the licensed collection agency.
(2) Unless payment is made to an attorney or licensed collection agency as provided in paragraph (k)(1), the garnishee shall pay any nonexempt earnings and deliver a calculation of the amount of exempt earnings to the clerk of the court which issued such writ no less than 7 nor more than 14 days...
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