The Recent Amendments to the Rules for Magistrates

Consent and Appellate Review

March 2026 By Jill R. Skinner and Marianne Marshall Tims

This article summarizes the recent changes to the Colorado Rules for Magistrates.

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In July 2019, the Colorado Supreme Court formed a subcommittee of the Civil Rules Committee to review the Colorado Rules for Magistrates (C.R.M. or Rules). In 2024, following public comments and a public hearing, the Colorado Supreme Court reformed the subcommittee to consider proposed changes to the C.R.M. The purpose of the changes was to make the Rules more internally consistent and easier to follow, particularly in relation to the processes of appeal from a magistrate’s ruling. Accordingly, on September 4, 2025, the supreme court approved revisions to C.R.M. 3, 5, 6, 7, and 8 to assist practitioners and litigants with this appeal process (the full text of the amended rules is in the appendix). The amendments are effective as to any orders issued on or after January 2, 2026. Practitioners should be aware of all of these changes.

Public comments addressed the need to clarify both the procedures for which a party is deemed to have consented to a magistrate in C.R.M. 3 and the procedures for appealing a magistrate’s orders in the prior version of C.R.M. 7. Under the prior version of C.R.M. 7, when the parties had consented to a magistrate, the magistrate’s orders were appealed directly to the court of appeals, and when consent was not necessary, the magistrate’s orders were reviewed in the district court.

In addition, the subcommittee received several public comments regarding the challenges that practitioners and litigants were facing regarding their ability to meet the deadlines for filing petitions for review and other pleadings. Public comments further addressed the caseloads of district court judges in handling petitions for review as well as orders and judgments issued by magistrates.

This article provides an overview of the recent changes to the Rules. It begins with background information regarding the Rules, addresses the amendments pertaining to consent to a magistrate, and then discusses the amendments to the procedures for appealing a magistrate’s ruling.

Background

The Rules implement the supreme court’s general authority over all courts in Colorado by establishing procedures that apply to magistrates. Magistrates are qualified judicial officers other than constitutionally vetted and appointed judges who are authorized by statute or rule to enter orders or judgments in judicial proceedings.1 Magistrates are appointed by the presiding judge or chief judge of each district with the concurrence of the chief justice.2

Amendments

To provide clearer procedures for litigants and practitioners, the subcommittee recommended simplifying the processes for appealing a magistrate’s ruling. As part of these changes, the subcommittee also recommended changes in how parties provide consent to appear before a magistrate. The procedure for appearing before a magistrate varies depending on the type of case. Regardless of the court, however, once a party gives consent to a magistrate for a particular proceeding, that consent may not be withdrawn.3

Rules 3 and 8

Consent in county and small claims courts remains the same under the new Rules. For consent in county court, when the exercise of authority by a magistrate is statutorily conditioned on a waiver of a party, (1) that party must provide the waiver in writing or orally in open court; (2) the waiver must state that the party has waived the right to proceed before a judge; and (3) the waiver must be filed with the court.4 For consent in small claims court, a party will be deemed to accept the jurisdiction of the court unless the party objects.5

In addition, the functions of county court magistrates have expanded. County court magistrates now also conduct all proceedings regarding civil infractions pursuant to CRS §§ 16-2.3-101 et seq.6

Consent in district court, however, has changed. Under the former Rules, a party could consent in district court by (1) affirmatively consenting in writing or on the record; (2) declining to file a written objection within 14 days of receiving a notice of a referral to, setting, or hearing of the proceeding before, a magistrate; or (3) failing to appear at a proceeding after having been provided notice of that proceeding.7 Starting on January 2, 2026, a party is deemed to have consented to a proceeding before a magistrate if the party “is advised of the right to have the proceeding before a district court judge and, after entering an appearance or filing a responsive pleading,”8 the party follows one of the same three options outlined above.9

Rule 7

In addition, before the recent amendments, the Rules contained procedures for appealing a magistrate’s rulings that many litigants and practitioners found to be confusing. Prior to the recent rule changes, litigants and practitioners had two separate avenues for appealing a magistrate’s ruling, depending on whether consent was necessary.10 Under the prior version of C.R.M. 7, when the parties had consented to a magistrate, the magistrate’s orders were appealed directly to the court of appeals, and when consent was not necessary, the magistrate’s orders were reviewed in the district court.

Prior to the rule change, when consent was not necessary, a magistrate was required to include in any order or judgment a written notice that the order or judgment was issued in a proceeding in which no consent was necessary and that a party must seek review in the district court within either 14 or 21 days of the order or judgment.11 An appeal of a district court magistrate’s order or judgment could not be taken to the appellate court unless a timely petition for review had been filed with and decided by the district court in accordance with the Rules.12

In contrast, when consent was necessary, a magistrate was required to include in any order or judgment a statement that the order or judgment was issued with consent and that any appeal must be taken pursuant to C.R.M. 7(b).13 A party was then required to appeal an order or judgment according to the Colorado Rules of Appellate Procedure in the same manner as an order or judgment of a district court.14

Under the new Rules, review of a magistrate’s order or judgment no longer depends on whether consent is necessary. Now, all orders or judgments by a magistrate, regardless of whether consent is required, must first be reviewed by the district court. All parties have 28 days from a magistrate’s order or judgment to file a petition for review with the district court.15 To clarify this new procedure, a magistrate must now include in every order or judgment the following statement: “Except as otherwise provided by statute, no appeal may be filed unless a petition for review has been filed with the district court within 28 days from the date of this order or judgment as provided by C.R.M. 7(c) and the district court has ruled on that petition.”16

The revised Rules also provide that, within 14 days from the date a magistrate’s order or judgment becomes reviewable under C.R.M. 7(c), a party may file with the magistrate a motion to reconsider or a motion to correct clerical errors.17 Any party may file a response within seven days.18 The time limit in which to file a petition for review with the district court pursuant to C.R.M. 7(d) is tolled until the magistrate issues an order on the motion.19 If the magistrate does not enter an order within 21 days of the date the response was due, the motion is deemed denied, and the time to file a petition for review under C.R.M. 7(d) then begins to run.20 If a magistrate grants a motion to reconsider or a motion to correct clerical errors, a party must file a petition for review of the amended order or judgment within 28 days from the date the amended order or judgment became reviewable.21

If consent was not required, then the district court reviews the petition, any documents filed in opposition, and the record of the proceedings, if provided. The district court may then remand the case to the magistrate with instructions or may adopt, reject, or modify the magistrate’s order, and the time for appeal to the court of appeals in the normal course begins.22 If the district court does not decide the matter within 91 days of the timely filing of a petition for review, then the magistrate’s order or judgment is deemed adopted by the district court, and the time for appeal begins to run.23

If consent was required, then a party must first file a petition for review with the district court within the 28-day deadline in C.R.M. 7(d) as described above. The district court will then examine the record to confirm that the parties properly gave consent and, if so, the court will then direct the parties to file an appeal with the court of appeals within 49 days.24 If the district court concludes that a party did not properly give consent, then the district court will remand the matter to the magistrate with instructions.25

In a petition for review, a party must state with particularity the alleged errors in the magistrate’s order or judgment.26 If a transcript of the proceedings before the magistrate is not available when a party files a petition, then the petition must state whether the party has requested a transcript.27 A party may file an opposition within 14 days and must state in the opposition whether that party requested a transcript.28 This 14-day deadline cannot be extended.29 The moving party may not file a reply.30

Judicial review of a petition for review is limited to consideration of the petition, any oppositions, and the record of the proceedings.31 The reviewing judge may remand an issue to the magistrate with instructions or may modify the magistrate’s order or judgment.32 Any petition for review that the reviewing judge has not decided within 91 days of the timely filing of the petition is deemed to adopt the magistrate’s order or judgment, and the time for appeal commences on that date.33

Importantly, an appeal of a district court magistrate’s order or judgment may not be taken to the appellate court unless a petition for review has been timely filed and decided by a district court.34

To summarize, all appeals from a magistrate’s order or judgment, regardless of whether the parties’ consent was required, must now be directed to the district court for review. Under the new Rules, whether consent was required affects how that review is conducted but not which court conducts the review. If consent was not required, then the district court reviews the petition and decides whether to remand the matter to the magistrate or to adopt, reject, or modify the magistrate’s order. The time for appeal to the court of appeals then begins. If consent was required, then the district court reviews the record to ensure that the parties gave consent and, if so, then the district court directs the parties to file an appeal with the court of appeals.

Conclusion

The purpose of the amendments to the Rules for Magistrates is to clarify the procedures for how parties consent to a magistrate and appeal a magistrate’s order or judgment and to expand the time frames for district court review while also providing clear deadlines for review. To that end, the amendments simplify these Rules and create one initial step in appealing a magistrate’s order or judgment, with streamlined procedures following that initial step depending on whether consent is required.

Appendix: C.R.M. 3, 5, 6, 7, and 8

Rule 3. Definitions

The following definitions shall apply:

(a) Magistrate: Any person other than a judge authorized by statute or by these rules to enter orders or judgments in judicial proceedings.

(b) Chief Judge: The chief judge of a judicial district.

(c) Presiding Judge: The presiding judge of the Denver Juvenile Court, the Denver Probate Court, or the Denver County Court.

(d) Reviewing Judge: A judge designated by a chief judge or a presiding judge to review the orders or judgments of magistrates in proceedings to which the Rules for Magistrates apply.

(e) Order or Judgment: All rulings, decrees or other decisions of a judge or a magistrate made in the course of judicial proceedings.

(f) Consent:

(1) Consent in District Court:

(A) For the purposes of the rules, where consent is necessary, a party is deemed to have consented to a proceeding before a magistrate if the party is advised of the right to have the proceeding before a district court judge and, after entering an appearance or filing a responsive pleading,

(i) The party has affirmatively consented in writing or on the record; or

(ii) The party has been provided notice of the referral, setting, or hearing of a proceeding before a magistrate and failed to file a written objection within 14 days of such notice; or

(iii) The party failed to appear at a proceeding after having been provided notice of that proceeding.

(B) Once given, a party’s consent to a magistrate in a proceeding may not be withdrawn.

(2) Consent in County Court:

(A) When the exercise of authority by a magistrate in any proceeding is statutorily conditioned upon a waiver of a party pursuant to C.R.S. section 13-6‑501, such waiver shall be executed in writing or given orally in open court by the party or the party’s attorney of record, and shall state specifically that the party has waived the right to proceed before a judge and shall be filed with the court.

(B) Once given, a party’s consent to a magistrate in a proceeding may not be withdrawn.

(3) Consent in Small Claims Court:

(A) A party will be deemed to accept the jurisdiction of the Small Claims Court unless the party objects pursuant to C.R.S. section 13‑6‑405 and C.R.C.P. 511(b).

(B) Once given, a party’s consent to a magistrate in a proceeding may not be withdrawn.

Rule 5. General Provisions

(a) An order or judgment of a magistrate in any proceeding shall be effective upon the date of the order or judgment and shall remain in effect pending review by a reviewing judge unless stayed by the magistrate or by the reviewing judge. An order or judgment is final for purposes of appeal or judicial review as stated in C.R.M. 7.

(b) A magistrate may issue citations for contempt, conduct contempt proceedings, and enter orders for contempt for conduct occurring either in the presence or out of the presence of the magistrate, in any civil or criminal matter, without consent. Any order of a magistrate finding a person in contempt shall upon request be reviewed in accordance with the procedures for review set forth in Rule 7 or Rule 9 herein.

(c) A magistrate shall have the power to issue bench warrants for the arrest of non-appearing persons, to set bonds in connection therewith, and to conduct bond forfeiture proceedings.

(d) A magistrate shall have the power to administer oaths and affirmations to witnesses and others concerning any matter, thing, process, or proceeding, which is pending, commenced, or to be commenced before the magistrate.

(e) A magistrate shall have the power to issue all writs and orders necessary for the exercise of their jurisdiction established by statute or rule, and as provided in C.R.S. section 13‑1‑115.

(f) No magistrate shall have the power to decide whether a state constitutional provision, statute, municipal charter provision, or ordinance is constitutional either on its face or as applied. Questions pertaining to the constitutionality of a state constitutional provision, statute, municipal charter provision, or ordinance may, however, be raised for the first time on appeal or review of the magistrate’s order or judgment.

(g) All magistrates in the performance of their duties shall conduct themselves in accord with the provisions of the Colorado Code of Judicial Conduct. Any complaint alleging that a magistrate, who is an attorney, has violated the provisions of the Colorado Code of Judicial Conduct may be filed with the Office of Attorney Regulation Counsel for proceedings pursuant to C.R.C.P. 242. Such proceedings shall be conducted to determine whether any violation of the Code of Judicial Conduct has occurred and what discipline, if any, is appropriate. These proceedings shall in no way affect the supervision of the Chief Judge over magistrates as provided in C.R.M. 1.

Rule 6. Functions of District Court Magistrates

(a) Functions in Criminal Cases: A district court magistrate may perform any or all of the following functions in criminal proceedings:

(1) No consent necessary:

(A) Conduct initial appearance proceedings, including advisement of rights, admission to bail, and imposition of conditions of release pending further proceedings.

(B) Appoint attorneys for indigent defendants and approve attorney expense vouchers.

(C) Conduct bond review hearings.

(D) Conduct preliminary and dispositional hearings pursuant to C.R.S. sections 16‑5‑301(1) and 18‑1‑404(1).

(E) Schedule and conduct arraignments on indictments, informations, or complaints.

(F) Order presentence investigations.

(G) Set cases for disposition, trial, or sentencing before a district court judge.

(H) Issue arrest and search warrants, including nontestimonial identifications under Rule 41.1.

(I) Conduct probable cause hearings pursuant to rules promulgated under the Interstate Compact for Adult Offender Supervision, C.R.S. sections 24‑60‑2801 to ‑2803.

(J) Any other function authorized by statute or rule.

(2) Consent necessary:

(A) Enter pleas of guilty.

(B) Enter deferred prosecution and deferred sentence pleas.

(C) Modify the terms and conditions of probation or deferred prosecutions and deferred sentences.

(D) Impose stipulated sentences to probation in cases assigned to problem solving courts.

(b) Functions in Matters Filed Pursuant to Colorado Revised Statutes Title 14 and Title 26:

(1) No consent necessary:

(A) A district court magistrate shall have the power to preside over all proceedings arising under Title 14, except as described in section 6(b)(2) of this Rule.

(B) A district court magistrate shall have the power to preside over all motions to modify permanent orders concerning property division, maintenance, child support or allocation of parental responsibilities, except petitions for review as defined in C.R.M. 7.

(C) A district court magistrate shall have the power to determine an order concerning child support filed pursuant to C.R.S. section 26‑13‑101 et seq.

(D) Any other function authorized by statute or rule.

(2) Consent necessary: With the consent of the parties, a district court magistrate may preside over contested hearings which result in permanent orders concerning property division, maintenance, child support or allocation of parental responsibilities.

(c) Functions in Civil Cases: A district court magistrate may perform any or all of the following functions in civil proceedings:

(1) No consent necessary:

(A) Conduct settlement conferences.

(B) Conduct default hearings, enter judgments pursuant to C.R.C.P. 55, and conduct post-judgment proceedings.

(C) Conduct hearings and enter orders authorizing sale, pursuant to C.R.C.P. 120.

(D) Conduct hearings as a master pursuant to C.R.C.P. 53.

(E) Hear and rule upon all motions relating to disclosure, discovery, and all C.R.C.P 16 and 16.1 matters.

(F) Conduct proceedings involving protection orders pursuant to C.R.S. section 13‑14‑101 et seq.

(G) Any other function authorized by statute or rule.

(2) Consent necessary: A magistrate may perform any function in a civil case except that a magistrate may not preside over jury trials.

(d) Functions in Juvenile Cases: A juvenile court magistrate shall have all of the powers and be subject to the limitations prescribed for juvenile court magistrates by the provisions of Title 19, Article 1, C.R.S. Unless otherwise set forth in Title 19, Article 1, C.R.S., consent in any juvenile matter shall be as set forth in C.R.M. 3(f)(1).

(1) No consent necessary:

(A) Conduct all proceedings including making determinations concerning a petition pursuant to the “School Attendance Law of 1963,” Title 22, Article 33, C.R.S., and to enforce any lawful order of the court made thereunder.

(e) Functions in Probate and Mental Health Cases:

(1) No consent necessary:

(A) Perform any or all of the duties which may be delegated to or performed by a probate registrar, magistrate, or clerk, pursuant to C.R.P.P. 4 and C.R.P.P. 5.

(B) Hear and rule upon petitions for emergency protective orders and petitions for temporary orders.

(C) Any other function authorized by statute or rule.

(2) Consent necessary:

(A) Hear and rule upon all matters filed pursuant to C.R.S. Title 15.

(B) Hear and rule upon all matters filed pursuant to C.R.S. Title 25 and Title 27.

(f) A district court magistrate shall not perform any function for which consent is required under any provision of this Rule unless the oral or written notice complies with Rule 3(f).

Rule 7. Review of District Court Magistrate Orders or Judgments

(a) Magistrates shall include in every order or judgment the following statement: Except as otherwise provided by statute, no appeal may be filed unless a petition for review has been filed with the district court within 28 days from the date of this order or judgment as provided by C.R.M. 7(c) and the district court has ruled on that petition.

(b) Each chief judge shall designate one or more district judges to review orders or judgments of district court magistrates.

(c) Only a final order or judgment of a magistrate is reviewable under this Rule. A final order or judgment is that which fully resolves an issue or claim. A final order or judgment is not reviewable until it is written, dated, and signed by the magistrate. A Minute Order which is signed by a magistrate will constitute a final written order or judgment.

(d) A party may obtain review of a magistrate’s final order or judgment by filing a petition for review with the district court no later than 28 days from the date the order becomes reviewable pursuant to C.R.M. 7(c).

(e) Within 14 days from the date the order or judgment became reviewable under C.R.M. 7(c), any party may file with the magistrate a motion to reconsider under C.R.C.P. 121, section 1-15(11), or a motion to correct clerical errors under C.R.C.P. 60(a). Copies of the motion shall be served on all parties by the moving party. Within 7 days after being served with a motion, any party may file an opposition, which shall be served on all parties. The moving party may not file a reply. These dates cannot be extended. Upon the timely filing of a motion, the time within which a petition for review must be filed with the district court pursuant to C.R.M. 7(d) is tolled until an order on the motion is issued. If no order has been issued within 21 days of the date the response was due, the motion shall be deemed denied for all purposes and the time to file a petition for review pursuant to C.R.M. 7(d) shall commence as of the time the motion was deemed denied.

(f) If a magistrate grants, in whole or in part, either a motion to reconsider under C.R.C.P. 121, section 1-15(11), or a motion to correct clerical errors under C.R.C.P. 60(a), a petition for review of the amended order or judgment must be filed within 28 days from the date the amended order or judgment became reviewable under C.R.M. 7(d).

(g) When a magistrate hears a matter in the place of a judge with the consent of the parties, a magistrate’s decision is treated like a district court decision. For petitions for review, the district court shall examine the record to confirm that consent was properly given and, if so, it shall direct the parties to file any appeal within 49 days. If consent was not properly given, the district court shall remand the matter to the magistrate with instructions.

(h) Any petition for review shall state with particularity the alleged errors in the magistrate’s order or judgment and may be accompanied by a brief statement of the authorities relied on to support the petition. If a transcript of the proceedings before the magistrate is not available when the petition is filed, the petition shall state whether a transcript has been requested. Copies of the petition and any supporting statement shall be served on all parties by the party seeking review. Within 14 days after being served with a petition for review, a party may file an opposition, which shall state whether a transcript has been requested by the opposing party and shall be served on all parties. This date cannot be extended unless the district court finds exceptional circumstances or that an extension of time to receive the transcript is necessary. The moving party may not file a reply.

(i) Judicial review shall be limited to consideration of the petition for review, any oppositions, and the record of the proceedings (as is available) before the magistrate. If a transcript of the proceedings before the magistrate was not requested, the reviewing judge shall presume that the record would support the magistrate’s findings of fact.

(j) Findings of fact made by the magistrate shall be accepted by the reviewing judge unless they are clearly erroneous. Conclusions of law made by a magistrate and any order entered in a civil case under C.R.M. 6(c) which effectively ends a case shall be subject to de novo review.

(k) The reviewing judge may remand an issue to the magistrate with instructions or may adopt, reject, or modify the initial order or judgment of the magistrate by written order, which order shall be the order or judgment of the district court. Any petition for review that has not been decided within 91 days from the timely filing of the petition for review shall, without further action by the reviewing judge, be deemed an adoption of the order or judgment for all purposes including Rule 4(a) of the Colorado Appellate Rules, and the time for appeal shall commence on that date.

(l) Appeal of an order or judgment of a district court magistrate may not be taken to the appellate court unless a timely petition for review has been filed and decided by a district court in accordance with these Rules.

(m) If timely review in the district court is not requested, the order or judgment of the magistrate shall become the order or judgment of the district court.

Rule 8. Functions of County Court Magistrates

(a) Functions in Criminal Cases: A county court magistrate may perform any or all of the following functions in a criminal proceeding:

(1) No consent necessary:

(A) Appoint attorneys for indigent defendants and approve attorney expense vouchers.

(B) Conduct proceedings in traffic infraction matters.

(C) Conduct advisements and set bail in criminal and traffic cases.

(D) Issue mandatory protection orders pursuant to C.R.S. section 18‑1‑1001.

(E) Conduct all proceedings regarding civil infractions pursuant to C.R.S. section 16‑2.3‑101 et seq.

(F) Any other function authorized by statute or rule.

(2) Consent necessary:

(A) Conduct hearings on motions, conduct trials to court, accept pleas of guilty, and impose sentences in misdemeanor, petty offense, and traffic offense matters.

(B) Conduct deferred prosecution and deferred sentence proceedings in misdemeanor, petty offense, and traffic offense matters.

(C) Conduct misdemeanor and petty offense proceedings pertaining to wildlife, parks and outdoor recreation, as defined in Title 33, C.R.S.

(D) Conduct all proceedings pertaining to recreational facilities districts, control and licensing of dogs, campfires, and general regulations, as defined in Title 29, Article 7, C.R.S. and Title 30, Article 15, C.R.S.

(b) Functions in Civil Cases: A county court magistrate may perform any or all of the following functions in a civil proceeding:

(1) No consent necessary:

(A) Conduct proceedings with regard to petitions for name change, pursuant to C.R.S. section 13‑15‑101.

(B) Perform the duties which a county court clerk may be authorized to perform, pursuant to C.R.S. section 13‑6‑212.

(C) Serve as a small claims court magistrate, pursuant to C.R.S. section 13‑6‑405.

(D) Conduct proceedings involving protection orders, pursuant to C.R.S. sections 13‑14‑101 et seq. and conduct proceedings pursuant to C.R.C.P. 365.

(E) Any other function authorized by statute.

(2) Consent necessary:

(A) Conduct civil trials to court and hearings on motions.

(B) Conduct default hearings, enter judgments pursuant to C.R.C.P. 355, and conduct post-judgment proceedings.

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