Colorado Supreme Court Rules Committees, 0520 COBJ, Vol. 49, No. 5 Pg. 58
| Position | Vol. 49, 5 [Page 58] |
FROM THE COURTS COURT BUSINESS
Notice of Request for Comments Colorado Rules of Professional Conduct
Deadline for Comments: June 9, 2020 at 5 p.m.
The Colorado Supreme Court requests written public comments by any interested person on the proposed Rules 7.1-7.5 of The Colorado Rules of Professional Conduct. 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 June 9, 2020. The Clerk will post written comments on the Colorado Supreme Court's website.
By the Court:
Monica M. Mdrquez, 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 2020(01) Colorado Rules of Civil Procedure Rules 8, 16.2, 65.1, 103, 108, 121, §1-23, 121, §1-24, 403, 408, and 509
Rule 8. General Rules of Pleading
(a)-(b) [NO CHANGES]
(c) Affirmative Defenses and Mitigating Circumstances. In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. Any mitigating circumstances to reduce the amount of damage shall b e affirmatively pleaded. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation.
(d)-(f) [NO CHANGES]
Rule 16.2. Court Facilitated Management of Domestic Relations Cases and General Provisions Governing Duty of Disclosure
(a)-(e)(9) [NO CHANGES]
(e)(10) As set forth in this section, it is the duty of parties to an action for decree of dissolution of marriage, legal separation, or invalidity of marriage, to provide full disclosure of all material assets and liabilities. If a disclosure contains a misstatement or omission materially affecting the division of assets or liabilities, any party may file and the court shall consider and rule on a motion seeking to reallocate assets and liabilities based on such a misstatement or omission, provided that the motion is filed within 5 years of the final decree or judgment. The court shall deny any such motion that is filed under this paragraph more than 5 years after the final decree or judgment. The provisions of C.R.C.P. 60 do not bar a motion by either party to allocate such assets or liabilities pursuant to this paragraph. This paragraph does not limit other remedies that may be available to a party by law.
(f)-(j) [NO CHANGES]
COMMITTEE COMMENT [NO CHANGE]
Rule 65.1. [Reserved]
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)-(j) [NO CHANGES]
(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 5-16-101, 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.
(k)(2)-(k)(3) [NO CHANGES]
(1) Disbursement of Garnished Earnings.
(1) If no objection is filed by the judgment debtor within 7 days after the judgment debtor received earnings for a pay period, the garnishee shall send the nonexempt earnings to the attorney, collection agency licensed pursuant to section 5-16-101, et seq., C.R.S., or court designated on the writ of continuing garnishment (C.R.C.P. Form 26, page 1, paragraph e). The judgment creditor shall refund to the judgment debtor any disbursement in excess of the amount necessary to satisfy the judgment.
(1)(2)-(m) [NO CHANGES]
Section 2. Writ of Garnishment (on Personal Property Other Than Earnings of a Natural Person) with Notice of Exemption and Pending Levy
(a)-(f) [NO CHANGES]
(g) Court Order on Garnishment Answer. (1) If an answer to a writ with notice shows the garnishee is indebted to the judgment debtor, the clerk shall enter judgment in favor of the judgment debtor and against the garnishee for the use of the judgment creditor in an amount not to exceed the total amount due and owing on the judgment and if the...
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