Colorado Supreme Court Rules Committees, 0618 COBJ, Vol. 47, No. 6 Pg. 86
| Position | Vol. 47, 6 [Page 86] |
COURT BUSINESS
Rules Committees
Correction to Rule Change 2017(12) Colorado Rules of Civil Procedure
The corrected text, which was inadvertently struck in the original order, is highlighted.
(a)–(c) [NO CHANGE]
Section 1–1 to 1–14 [NO CHANGE]
Section 1–15
Determination of Motions
1. Motions and Briefs; When Required; Time for Serving and Filing—Length.
(a) Except motions during trial or where the court orders that certain or all non-dispositive motions be made orally, any motions involving a contested issue of law shall be supported by a recitation of legal authority incorporated into the motion, which shall not be fled with a separate brief. Unless the court orders otherwise, motions and responsive briefs not under C.R.C.P. 12(b)(1) or (2), or 56 are limited to 15 pages, and reply briefs to 10 pages, not including the case caption, signature block, certificate of service and attachments. Unless the court orders otherwise, motions and responsive briefs under C.R.C.P. 12(b)(1) or (2) or 56 are limited to 25 pages, and reply briefs to 15 pages, not including the case caption, signature block, certificate of service and attachments. All motions and briefs shall comply with C.R.C.P. 10(d).
(b)–(d) [NO CHANGE]
2. [NO CHANGE]
3. Effect of Failure to File Legal Authority.
If the moving party fails to incorporate legal authority into a written motion, the court may deem the motion abandoned and may enter an order denying the motion. Other than motions seeking to resolve a claim or defense under C.R.C.P. 12 or 56, failure of a responding party to file a responsive brief may be considered a confession of the motion.
4–7 [NO CHANGE]
8. Duty to Confer. Unless a statute or rule governing the motion provides that it may be fled without notice, moving counsel and any self-represented party shall confer with opposing counsel and any self-represented parties before fling a motion. The requirement of self represented parties to confer and the requirement to confer with self-represented parties shall not apply to any incarcerated person, or any self-represented party as to whom the requirement is contrary to court order or statute, including, but not limited to, any person as to whom contact would or precipitate a violation of a protection or restraining order. The motion shall, at the beginning, contain a certification that the movant in good faith has conferred with opposing counsel and any self-represented parties about the motion. If the relief sought by the motion has been agreed to by the parties or will not be opposed, the court shall be so advised in the motion. If no conference has occurred, the reason why, including all efforts to confer, shall be stated. 9 – 11 [NO CHANGE]
Section 1–16–1–26 [NO CHANGE]
COMMENTS [NO CHANGE]
Amended and Adopted by the Court, En Banc, April 5, 2018, effective immediately.
By the Court:
Richard L. Gabriel
Justice, Colorado Supreme Court
Rule Change 2018(05) Colorado Rules of Criminal Procedure
The order amends Form 4, Petition for Postconviction Relief Pursuant to Crim. P. 35(c), and is effective immediately.
Amended and Adopted by the Court, En Banc, April 12, 2018, effective immediately.
By the Court:
Nathan B. Coats
Justice, Colorado Supreme Court
Rule Change 2018(06) Colorado Rules of Civil Procedure
Rule 16.1. Simplified Procedure for Civil Actions
(a) Purpose of Simplified Procedure. The purpose of this rule, which establishes Simplified Procedure, is to provide maximum access to the district courts in civil actions; to enhance the provision of just, speedy, and inexpensive determination of civil actions; to allow earlier trials; and to limit discovery and its attendant expense.
(b) Actions Subject to Simplified Procedure.
Simplified Procedure applies to all civil actions other than:
(1) civil actions that are class actions, domestic relations, juvenile, mental health, probate, water law, forcible entry and detainer, C.R.C.P. 106 and 120, or other similar expedited proceedings, unless otherwise stipulated by the parties; or
(2) civil actions in which any one party seeks monetary judgment from any other party of more than $100,000, exclusive of reasonable allowable attorney fees, interest and costs, as shown by a statement on the Civil Cover Sheet by the party’s attorney or, if unrepresented, by the party, that “In compliance with C.R.C.P. 11, based upon information reasonably available to me at this time, I certify that the value of this party’s claims against one of the other parties is reasonably believed to exceed $100,000.”
(c) Civil Cover Sheet. Each pleading containing an initial claim for relief in a civil action, other than class...
To continue reading
Request your trial