Colorado
Supreme Court Amends Court Rules
While
the Colorado legislature changes the Colorado Revised Statutes on an annual
basis, the Colorado Supreme Court makes changes to Colorado court rules of procedure
year round. These rule changes will not
show up in the republished current print version of the Colorado rules and
should be double checked in the online versions and print pocket parts for
accuracy. The official rules are on the
Colorado Supreme Court website at: http://www.courts.state.co.us/Courts/Supreme_Court/Index.cfm . Under the heading “Administration” click on
“Adopted and Proposed Rule Changes”.
Then choose the year (2011) for both the changes effective 01/01/2012 (Rule
Change 2011-18) and 07/01/2012 (Rule Change 2011-19). The February 1, 2012 Rule 1 amendment set
forth below clarifies when the time rules are effective.
The
most significant changes are the procedural time calculations for filings with
the courts. These changes adopt “the
rule of seven”, which simplifies the old determination for what happens when
deadlines fall on weekends and eliminates the old three day mailing rules. However, there are additional substantive changes
in the court rules for: Colorado Rules of Civil Procedure; Colorado Appellate
Rules; Colorado Rules of Probate Procedure; Colorado Rules of Criminal
Procedure; Colorado Rules of Juvenile Procedure; Colorado Municipal Court Rules
of Procedure; Colorado Rules for Magistrates; and the Water Court time periods
for Applications for Water Rights. One
example is the rules governing admission to the bar, and the new UBE exam.
Colorado
State Judicial has begun amending forms to comply with the new civil procedure
rules effective January 1, 2012. http://www.courts.state.co.us/Forms/Index.cfm
RULE CHANGE 2012(01)
COLORADO RULES OF CIVIL
PROCEDURE
Rule 1. Scope of Rules
(a) [NO CHANGE]
(b) Effective Date. xxxxxxxxxxx
Amendments of these rules shall be effective on the date established by the
Supreme Court at the time of their adoption, and thereafter all laws in conflict
therewith shall be of no further force or effect. Unless otherwise stated by
the Supreme Court as being applicable only to actions brought after the
effective date of an amendment, they govern all proceedings in actions brought
after they take effect and also all further proceedings in actions then
pending, except to the extent that in the opinion of the court their
application in a particular action pending when the rules take effect would not
be feasible or would work injustice, in which event the former procedure
applies.
(c) [NO CHANGE]
Amended and Adopted by the
Court, En Banc, February 1, 2012, nunc pro tunc January 1, 2012, effective
immediately. By the Court: Nancy E. Rice, Justice, Colorado Supreme Court
Written by Catharine Cott, Reference Librarian
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