Colorado Supreme Court Rules Committee, 0218 COBJ, Vol. 47, No. 2 Pg. 68

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47 Colo.Law 68

Colorado Supreme Court Rules Committee

Vol. 47, No. 2 [Page 68]

The Colorado Lawyer

February, 2018

COURT BUSINESS

Rule Change 2017(12)

Colorado Rules of Civil Procedure

Rule 16 Forms 10, 11, 37, and 38 (New) Effective immediately.

Rule 53

Effective January 1, 2018.

Rule 121 § 1-15

Effective January 1, 2018.

Rule 120

Effective March 1, 2018.

Rule 16. Case Management and Trial Management

(a)–(e) [NO CHANGE]

(f) (1)–(3) [NO CHANGE]

(I)–(V) [NO CHANGE]

(VI) (A) [NO CHANGE]

(B). Exhibits. Each party shall attach to the proposed trial management order a list of exhibits including physical evidence which the party intends to introduce at trial. Unless stipulated by theparties, each list shall assign a number (for plaintiff or petitioner) or letter (for defendant or respondent) designation for each exhibit. Proposed excerpted or highlighted exhibits shall be attached. If any party objects to the authenticity of any exhibit as offered, such objection shall be noted on the list, together with the ground therefor. If any party stipulates to the admissibility of any exhibit, such stipulation shall be noted on the list. Records of regularly conducted activity to be offered pursuant to CRE 902(11) and (12) may be supported by use of Forms 37 and 38 in the Appendix to Chapters 1 to 17A, Forms. On or before the trial date, a set of the documentary exhibits shall be provided to the court.

(C)–(D) [NO CHANGE]

(VII) [NO CHANGE]

(4)–(5) [NO CHANGE]

(g) [NO CHANGE]

Rule 53. Masters

(a) Appointment.

(1) Scope. A reference to a master shall be the exception and not the rule. Unless a statute provides otherwise, a court may appoint a master only to:

(A) perform duties consented to by the parties;

(B) hold trial proceedings and make or recommend findings of fact on issues to be decided without a jury if appointment is warranted by:

(i) some exceptional condition; or

(ii) the need to perform an accounting or resolve a difficult computation of damages; or

(C) address pretrial and post trial matters that cannot be effectively and timely addressed by the appointed district judge.

(2) Disqualification. A master must not have a relationship to the parties, attorneys, action, or court that would require disqualification of a judge under the Colorado Code of Judicial Conduct, Rule 2.11, unless the parties, with the court’s approval, consent to the appointment after the master discloses any potential grounds for disqualification.

(3) Possible Expense or Delay. In appointing a master, the court must consider the proportionality of the appointment to the issues and needs of the case, consider the fairness of imposing the likely expenses on the parties, and protect against unreasonable expense or delay.

(b) Order Appointing a Master.

(1) Notice. Before appointing a master, the court must give the parties notice and an opportunity to be heard. If requested by the Court, any party may suggest candidates for appointment.

(2) Contents. The appointing order must direct the master to proceed with all reasonable diligence and must state:

(A) the master’s duties, including any investigation or enforcement duties, and any limits on the master’s authority under Rule 53(c);

(B) the circumstances, if any, in which the master may communicate ex parte with the court or a party;

(C) the nature of the materials to be preserved and fled as the record of the master’s activities;

(D) the time limits, method of fling the record, other procedures, and standards for reviewing the master’s orders, findings, and recommendations; and

(E) the basis, terms, and procedure for fixing the master’s compensation under Rule 53(g).

(3) Issuing. The court may issue the order only after:

(A) the master files an affidavit disclosing whether there is any ground for disqualification under the Colorado Code of Judicial Conduct, Rule 2.11; and

(B) if a ground is disclosed, the parties, with the court’s approval, waive the dis-qualification.

(4) Amending. The order may be amended at any time after notice to the parties and an opportunity to be heard.

(5) Meetings. When a reference is made, the clerk shall forthwith furnish the master with a copy of the order of reference. Upon receipt thereof unless the order of reference otherwise provides, the master shall forthwith s et a time and place for the first meeting of the parties or their attorneys to be held within 14 days after the date of the order of reference and shall notify the parties or their attorneys.

(c) Master’s Authority.

(1) In General. Unless the appointing order directs otherwise, a master may:

(A) regulate all proceedings;

(B) take all appropriate measures to perform the assigned duties fairly and efficiently; and

(C) if conducting an evidentiary hearing, exercise the appointing court’s power to compel, take, and record evidence.

(2) Sanctions. The master may by order impose on a party any noncontempt sanction provided by Rule 37 or 45, and may recommend a contempt sanction against a party and sanctions against a nonparty.

(d) Master’s Orders. A master who issues a written order must file it and promptly serve a copy on each party. The clerk must enter the written order on the docket. A master’s order shall be effective upon issuance subject to the provisions of section (f) of this Rule.

(e) Master’s Reports. A master must report to the court as required by the appointing order. The master must file the report and promptly serve a copy on each party, unless the court orders otherwise. A report is final upon issuance. A master’s report shall be effective upon issuance subject to the provisions of section

(f) of...

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