Rule Change 2020(26) Colorado Rules of Civil Procedure Rules 26, 106, and 121, §1-14

Rule 106. Forms of Writs Abolished

August 17, 2020

(a) Habeas Corpus, Mandamus, Quo Warranto, Certiorari, Prohibition, Scire Facias and Other Remedial Writs in the District Court. Special forms of pleadings and writs in habeas corpus, mandamus, quo warranto, certiorari, prohibition, scire facias, and proceedings for the issuance of other remedial writs, as heretofore known, are hereby abolished in the district court. Any relief provided hereunder shall not be available in county courts. In the following cases relief may be obtained in the district court by appropriate action under the practice prescribed in the Colorado Rules of Civil Procedure:
(a)(1)–(a)(3) [NO CHANGE]
(a)(4) Where, in any civil matter, any governmental body or officer or any lower judicial body exercising judicial or quasi-judicial functions has exceeded its jurisdiction or abused its discretion, and there is no plain, speedy and adequate remedy otherwise provided by law:
(a)(4)(I)–(b) [NO CHANGE]
COMMENT
2020
The Court has amended subsection (a)(4) to limit its application to civil matters; the subsection may not be used to challenge rulings by county, municipal, or other lower courts in criminal cases.

Related Topics