Colorado Supreme Court Rules Committees, 0319 COBJ, Vol. 48, No. 3 Pg. 70

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48 Colo.Law. 70

Colorado Supreme Court Rules Committees

Vol. 48, No. 3 [Page 70]

Colorado Lawyer

March, 2019

COURT BUSINESS

Rules Committees

Notice of Request for Comments: Colorado Rules of Civil Procedure

Deadline for Comments: April 11, 2019 at 5 p.m.

The Colorado Supreme Court requests written public comments by any interested person on the proposed amendments to Rules 26, 106, and 121 §1-14 of the Colorado Rules of Civil Procedure. Written comments should be submitted to Cheryl Stevens, Clerk of the Supreme Court. Comments may be mailed or delivered to 2 East 14th Avenue, Denver, CO 80203 or emailed to cheryl.stevens@judicial.state.co.us and received no later than 5 p.m. on April 11, 2019. The Clerk will post written comments on the Colorado Supreme Court's website.

By the Court:

Richard L. Gabriel, 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 2019(01) Colorado Rules of Civil Procedure

Rule 6. Time

(a) NO CHANGE]

(b) Enlargement. When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may, at any time in its discretion (1) with or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under Rule 60(b) and may extend the time for taking any action under Rule 59 only as allowed by that rule.

(c)-(e) [NO CHANGE]

COMMENTS

2012

[1] After the particular effective date, time computation in most situations is intended to incorporate the Rule of Seven. Under the Rule of Seven, a day is a day, and because calendars are divided into 7-day week intervals, groupings of days are in 7-day or multiples of 7-day intervals. Groupings of less than 7 days have been left as they were because such small numbers do not interfere with the underlying concept. Details of the Rule of Seven reform are set forth in an article by Richard P. Holme, 41 Colo. Lawyer, Vol. 1, P 33 (January 2012). [2] Time computation is sometimes "forward," meaning starting the count at a particular stated event [such as date of filing] and counting forward to the deadline date. Counting "backward" means counting backward from the event to reach the deadline date [such as a stated number of days being allowed before the commencement of trial]. In determining the effective date of the Rule of Seven time computation/time interval amendments having a statutory basis, said amendments take effect on July 1, 2012 and regardless of whether time intervals are counted forward or backward, both the time computation start date and deadline date must be after lune 30, 2012. Further, the time computation/time interval amendments do not apply to modify the settings of any dates or time intervals set by an order of a court entered before July 1, 2012.

Rule 57. Declaratory Judgments

(a)-(i) [NO CHANGE]

(j) Parties; Notice to State or Municipality.

When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves a challenge to the validity of a municipal ordinance or franchise, the party challenging the ordinance or franchise shall serve the municipality with a copy of the relevant motion or pleading and such municipality shall be made a party, and is entitled to be heard. If a party files a motion or other pleading asserting that a state statute, ordinance, or franchise is unconstitutional, that party shall serve the state attorney general with a copy of the motion or pleading, and the state is entitled to be heard. Notice to the state or municipality required by this subsection (j) shall be made pursuant to Rule 5(b) within 21 days of the date when the motion or pleading challenging validity or constitutionality was filed.

(k)-(m) [NO CHANGE]

Rule 59. Motions for Post-Trial Relief (a) Post-Trial Motions. Within 14 days of entry of judgment as provided in C.R.C.R 58 or such greater time as the court may allow pursuant to a request for an extension of time made within that 14-day period, a party may move for post-trial relief including:

(1) A new trial of all or part of the issues;

(2) Judgment notwithstanding the verdict;

(3) Amendment of findings; or

(4) Amendment of judgment.

Motions for post-trial relief may be combined or asserted in the alternative. The motion shall state the ground asserted and the relief sought.

(b)-(k) [NO CHANGE]

Amended and Adopted by the Court, En Banc, January 10, 2019, effective immediately.

By the Court:

Richard L. Gabriel, Justice, Colorado Supreme Court

Rule Change 2019(02) Colorado Rules of Criminal Procedure

Rule 5. Preliminary Proceedings

(a) Felony Proceedings.

(1) [NO CHANGE]

(2) Appearance Before the Court. At the first appearance of the defendant in court, it is the duty of the court to inform the defendant and make certain that the defendant understands the following:

(I) The defendant need make no statement and any statement made can and may be used against the defendant;

(II) The right to counsel;

(III) If indigent, the defendant has the right to request the appointment of counsel or consult with the public defender before any further proceedings are held;

(IV) Any plea the defendant makes must be voluntary and not the result of undue influence or coercion;

(V) The right to bail, if the offense is bailable, and the amount of bail that has been set by the court;

(VI) The nature of the charges;

(VII) The right to a jury trial;

(VIII) The right to demand and receive a preliminary hearing within a reasonable time to determine whether probable cause exists to believe that the offense charged was committed by the defendant;

(IX) If currently serving in the United States armed forces or if a veteran of such forces, the defendant may be entitled to receive mental health treatment, substance use disorder treatment, or other services as a veteran.

(3) through (5) [NO CHANGE]

(b) [NO CHANGE]

(c) through (c)(1) [NO CHANGE]

(2) Appearance Before the Court. At the first appearance in the county court the defendant shall be advised in accordance with die provisions set forth in subparagraphs (a)(2)(I) through (VII) and (IX) of this Rule.

(3) Appearance in the County Court Not Issuing the Warrant. If the defendant is taken before a county court which did not issue the arrest warrant, the court shall inform the defendant of the matters set out in subsection (a)(2) (I through VII and IX) of this Rule and, allowing time for travel, set bail returnable not less than 14 days thereafter before the court which issued the arrest warrant, and shall transmit forthwith a transcript of the proceedings and all papers in the case to the court which issued the arrest warrant. In the event the defendant does not make bail within forty-eight hours, the sheriff of the county in which the arrest warrant was issued shall return the defendant to the court which issued the warrant.

Amended and Adopted by the Court, En Banc, January 24, 2019, effective immediately.

By the Court:

Carlos A. Samour, Jr. Justice, Colorado Supreme Court

Rule Change 2019(03) Rules Governing Admission to the Practice of Law in Colorado

Rules 203.1, 203.2, 203.3, 203.4, 204.1, 204.2, 204.3, 204.4, 204.5, 204.6, 205.3, 205.5, 205.6, 211.2, 211.3, and 227

Rule...

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