Rule Change 2024(03)
Colorado Rules of Civil Procedure
January 11, 2024
Editors’ Note: Rule Change 2024(03) as published by the Court contained forms that were omitted from this printing due to size limitations. The forms for documents described in Rule Change 2024(03) are available at https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Rule_Changes/2024/Rule%20Change%202024(03).pdf.
Rules 10, 16.2, 26, 121 § 1-15, and 121 § 1-26
Forms 29, 30, and JDF 250
Rule 10. Form and Quality of Pleadings, Motions and Other Documents
(a)–(c) [NO CHANGE]
(d) General Rule Regarding Paper Size, Format, and Spacing. All documents filed after the effective date of this rule, including those filed through the E-Filing System under C.R.C.P. 121(1-26), shall meet the following criteria:
(1) Paper. Where a document is filed on paper, it shall be on plain, white, 8 ½ by 11 inch paper (recycled paper preferred).
(2) Format. All documents shall be legible. They shall be printed on one side of the page only (except for E-Filed documents).
(I)–(II) [NO CHANGE]
(III) Case Caption Information. All documents shall contain the following information arranged in the following order, as illustrated by paragraphs (e) and (f) of this rule, except that documents issued by the court under the signature of the clerk or judge should omit the attorney section as illustrated in paragraphs (e)(2) and (f)(2). Individual boxes should separate this case caption information; however, vertical lines are not mandatory. On the left side:
Document title (the document title may instead be included as a centered line at the bottom of the caption).
Court name and mailing address.
Name of parties.
Name, address, and telephone number of the attorney or pro se party filing the document. Fax number and e-mail address are optional.
Attorney registration number.
On the right side:
An area for “Court Use Only” that is at least 2 ½ inches in width and 1 ¾ inches in length (located opposite the court and party information).
Case number, division number, and courtroom number (located opposite the attorney information above).
Centered at the bottom of the caption:
Document title (the document title may instead be included as the top line on the left side of the caption).
Orders that are submitted as proposed shall not contain the word (PROPOSED) in the caption of the order.
(3)–(4) [NO CHANGE]
(e)–(h) [NO CHANGE]
(i) State Judicial Pre-Printed or Computer-Generated Forms. Forms approved by the State Court Administrator’s Office (designated “JDF” or “SCAO” on pre-printed or computer-generated forms), forms set forth in the Colorado Court Rules, volume 12, C.R.S., (including those pre-printed or computer-generated forms designated “CRCP” or “CPC” and those contained in the appendices of volume 12, C.R.S.), and forms generated by the state’s judicial electronic system shall conform to criteria established by the State Court Administrator’s Office with the approval of the Colorado Supreme Court. Such forms, whether preprinted or computer-generated, shall employ a form of caption similar to those contained in this rule, and 1 inch left margin, ½ inch right and bottom margins, and at least 1 inch top margin, except that for forms designated “JDF” or “SCAO” the requirement of at least 1 inch for the top margin shall apply to forms created or revised on and after April 5, 2010.
COMMENTS [NO CHANGE]
Rule 16.2. Court Facilitated Management of Domestic Relations Cases and General Provisions Governing Duty of Disclosure
(a)–(d) [NO CHANGE]
(e) Disclosure.
(1) [NO CHANGE]
(2) Except as set forth in C.R.C.P. 16.2(e)(11) below, a party shall, without a formal discovery request, provide the Mandatory Disclosures, as set forth in the form and content of Appendix to Chapters 1 to 17A, Form 35.1, C.R.C.P., and shall provide a completed Sworn Financial Statement and (if applicable) Supporting Schedules as set forth in the form and content of Appendix to Chapters 1 to 17A, Form 35.2 and Form 35.3, C.R.C.P., to the other party within 42 days after service of a petition or a post decree motion involving financial issues. The parties shall exchange the required Mandatory Disclosures, the Sworn Financial Statement and (if applicable) Supporting Schedules by the time of the initial status conference to the extent reasonably possible. Parties proceeding under C.R.C.P. 16.2(e)(11) shall file and serve a completed Affidavit in Support of Waiver of Mandatory Disclosures, Form 1372, within 42 days after service of a petition or a post decree motion involving financial matters.
(3)–(10) [NO CHANGE]
(11)(a) Parties to a domestic relations matter may agree in writing to limit exchange of financial disclosures otherwise required under C.R.C.P. 16.2(e)(2) to Sworn Financial Statements so long as the parties affirm that all of the following conditions exist at the time of their agreement:
1. Limiting disclosure will not create a substantial hardship to any party;
2. No party is pregnant, and the matter will not involve a determination of paternity, entry of a parenting plan, or an order of child support;
3. Neither party is currently seeking an award of maintenance;
4. The net equity (estimated value as of the current date minus all amounts owed) of all marital assets in a dissolution matter, (excluding the marital residence) is less than $100,000.
5. The combined debt of the parties, not including the mortgage on the marital residence, is less than $50,000; and
6. Neither party has any separate property interests with net equity exceeding $10,000, any interest in a pension, or any interest in a trust.
(b) Each party shall execute an Affidavit in Support of Waiver of Mandatory Disclosures, Form 1372, affirming they meet the requirements above for limited disclosures.
(c) In all domestic relations cases, the filing of a Sworn Financial Statement remains mandatory. At any time after filing Sworn Financial Statements, either party may withdraw consent to limited financial disclosures by filing a Notice of Withdrawal of Consent to Waiver of Mandatory Financial Disclosures in Domestic Relations Cases, Form 1373, with the Court withdrawing consent to limited disclosures, or the Court may order that limited financial disclosure is not appropriate given the facts of a particular case. All disclosures required under C.R.C.P. 16.2(e)(2) shall be exchanged and the Certificate of Compliance filed within 28 days following the earlier of the date of filing a withdrawal of consent or entry of a Court order mandating complete financial disclosures.
(f)–(j) [NO CHANGE]
COMMENTS [NO CHANGE]
Rule 26. General Provisions Governing Discovery; Duty of Disclosure
(a)–(c) [NO CHANGE]
(d) Timing and Sequence of Discovery. Except when authorized by these Rules, by order, or by agreement of the parties, a party may not seek discovery from any source before service of the Case Management Order pursuant to C.R.C.P. 16(b)(19). Any discovery conducted prior to issuance of the Case Management Order shall not exceed the limitations established by C.R.C.P. 26(b)(2). Unless the parties stipulate or the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence, and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party’s discovery.
(e)–(g) [NO CHANGE]
COMMENTS [NO CHANGE]
Rule 121. Local Rules—Statewide Practice Standards
(a)–(c) [NO CHANGE]
Section 1-1 to 1-14 [NO CHANGE]
Section 1-15 DETERMINATION OF MOTIONS
1. Motions and Briefs; When Required; Time for Serving and Filing—Length.
(a) Except motions during trial or where the court orders that certain or all non-dispositive motions be made orally, any motions involving a contested issue of law shall be supported by a recitation of legal authority incorporated into the motion, which shall not be filed with a separate brief. Unless the court orders otherwise, motions and responsive briefs not under C.R.C.P. 12(b)(1) or (2), or 56 are limited to 15 pages, and reply briefs to 10 pages, not including the case caption, signature block, certificate of service and attachments. Unless the court orders otherwise, motions and responsive briefs under C.R.C.P. 12(b)(1) or (2) or 56 are limited to 25 pages, and reply briefs to 15 pages, not including the case caption, signature block, certificate of service and attachments. All motions and briefs shall comply with C.R.C.P. 10(d).
(b) The responding party shall have 21 days after the filing of the motion or such lesser or greater time as the court may allow in which to file a responsive brief. If a motion is filed 42 days or less before the trial date, the responding party shall have 14 days after the filing of the motion or such lesser or greater time as the court may allow in which to file a responsive brief.
(c) Except for a motion pursuant to C.R.C.P. 56, the moving party shall have 7 days after the filing of the responsive brief or such greater or lesser time as the court may allow to file a reply brief. For a motion pursuant to C.R.C.P. 56, the moving party shall have 14 days after the filing of the responsive brief or such greater or lesser time as the court may allow to file a reply brief.
(d) A motion shall not be included in a response or reply to the original motion.
2. Affidavits. If facts not appearing of record may be considered in disposition of the motion, the parties may file affidavits with the motion or within the time specified for filing the party’s brief in this section 1-15, Rules 6, 56 or 59, C.R.C.P., or as otherwise ordered by the court. Copies of such affidavits and any documentary evidence used in connection with the motion shall be served on all other parties.
3. Effect of Failure to File Legal Authority. If the moving party fails to incorporate legal authority into a written motion, the court may deem the motion abandoned and may enter an order denying the motion. Other than motions seeking to resolve a claim or defense under C.R.C.P. 12 or 56, failure of a responding party to file a responsive brief may be considered a confession of the motion.
4. Motions to Be Determined on Briefs, When Oral Argument is Allowed; Motions Requiring Immediate Attention. Motions shall be determined promptly if possible. The court has discretion to order briefing or set a hearing on the motion. If possible, the court shall determine oral motions at the conclusion of the argument, but may take the motion under advisement or require briefing before ruling. Any motion requiring immediate disposition shall be called to the attention of the courtroom clerk by the party filing such motion.
5. Notification of Court’s Ruling; Setting of Argument or Hearing When Ordered. Whenever the court enters an order denying or granting a motion without a hearing, all parties shall be forthwith notified by the court of such order. If the court desires or authorizes oral argument or an evidentiary hearing, all parties shall be so notified by the court. After notification, it shall be the responsibility of the moving party to have the motion set for oral argument or hearing. Unless the court orders otherwise, a notice to set oral argument or hearing shall be filed in accordance with Practice Standard § 1-6 within 7 days of notification that oral argument or hearing is required or authorized.
6. Effect of Failure to Appear at Oral Argument or Hearing. If any of the parties fails to appear at an oral argument or hearing, without prior showing of good cause for non-appearance, the court may proceed to hear and rule on the motion.
7. Sanctions. If a frivolous motion is filed or if frivolous opposition to a motion is interposed, the court may assess reasonable attorney’s fees against the party or attorney filing such motion or interposing such opposition.
8. Duty to Confer. Unless a statute or rule governing the motion provides that it may be filed without notice, moving counsel and any self-represented party shall confer with opposing counsel and any self-represented parties before filing a motion. The requirement of self-represented parties to confer and the requirement to confer with self-represented parties shall not apply to any incarcerated person, or any self-represented party as to whom the requirement is contrary to court order or statute, including, but not limited to, any person as to whom contact would or precipitate a violation of a protection or restraining order. The motion shall, at the beginning, contain a certification that the movant in good faith has conferred with opposing counsel and any self-represented parties about the motion. If the relief sought by the motion has been agreed to by the parties or will not be opposed, the court shall be so advised in the motion. If no conference has occurred, the reason why, including all efforts to confer, shall be stated.
9. Unopposed Motions. All unopposed motions shall be so designated in the title of the motion.
10. Proposed Order. Except for orders containing signatures of the parties or attorneys as required by statute or rule, each motion shall be accompanied by a proposed order submitted in editable format. The proposed order complies with this provision if it states that the requested relief be granted or denied. Orders that are submitted as proposed shall not contain the word (PROPOSED) in the caption of the order. Proposed Orders must only be designated as proposed in the e-filing transmission.
11. Motions to Reconsider. Motions to reconsider interlocutory orders of the court, meaning motions to reconsider other than those governed by C.R.C.P. 59 or 60, are disfavored. A party moving to reconsider must show more than a disagreement with the court’s decision. Such a motion must allege a manifest error of fact or law that clearly mandates a different result or other circumstance resulting in manifest injustice. The motion shall be filed within 14 days from the date of the order, unless the party seeking reconsideration shows good cause for not filing within that time. Good cause for not filing within 14 days from the date of the order includes newly available material evidence and an intervening change in the governing legal standard. The court may deny the motion before receiving a responsive brief under paragraph 1(b) of this standard.
COMMENTS [NO CHANGE]
Section 1-16 to 1-25 [NO CHANGE]
Section 1-26 ELECTRONIC FILING AND SERVICE SYSTEM
1.–14. [NO CHANGE]
15. Form of Electronic Documents.
(a)–(b) [NO CHANGE]
(c) Proposed Orders. Proposed orders shall be E-Filed in editable format. Proposed orders that are E-Filed in a non-editable format shall be rejected by the Court Clerk’s office and must be resubmitted. Orders that are submitted as proposed shall not contain the word (PROPOSED) in the caption of the order. Proposed Orders must only be designated as proposed in the e-filing transmission.
COMMENTS [NO CHANGE]
Amended and Adopted by the Court, En Banc, January 11, 2024, effective immediately.
By the Court:
Richard L. Gabriel
Justice, Colorado Supreme Court