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Colorado Supreme Court Rules Committees

Rule Change 2024(20)

Colorado Rules of Civil Procedure: Rules 4, 11, And 121 §1-1

December 19, 2024

Rule 4. Process

(a) [NO CHANGE]

(b)–(c)(1) [NO CHANGE]

(2) In forcible entry and detainer cases, the summons shall also contain all language and information required by statute, and in addition to completed Form JDF 101: Eviction Complaint, be accompanied by a blank copy of Form JDF 103: Eviction Answer, and a blank copy of Form JDF 108: Request for Documents in Eviction Cases.

(d)–(m) [NO CHANGE]

COMMENTS [NO CHANGE]

Rule 11. Signing of Pleadings

(a) [NO CHANGE]

(b)Limited Legal Services. An attorney may provide limited legal services to a self-represented party involved in a civil proceeding in accordance with Colo. P.C. 1.2(c) and the following provisions.

(1) Limited Legal Services Requiring Entry of Appearance and Withdrawal. An attorney may make a limited appearance for a self-represented party in a civil proceeding if the attorney files and serves with the court and the other parties and attorneys (if any) a notice of the limited appearance prior to or simultaneous with the part(s) of the proceeding for which the attorney appears. At the conclusion of such part(s) of the proceeding, the attorney’s appearance terminates without the necessity of leave of court, upon the attorney filing a notice of completion of limited appearance. Service on an attorney who makes a limited appearance for a party will be valid only in connection with the specific part(s) of the proceeding for which the attorney appears.

(2) Limited Legal Services Requiring Disclosure of Attorney Assistance without Entry of Appearance. An attorney may provide drafting assistance to a self-represented party involved in a civil proceeding without filing a notice of limited appearance. Documents filed by the self-represented party that were prepared with the drafting assistance of the attorney must include the attorney’s name, address, telephone number, e-mail address, and Colorado Bar registration number. The attorney must provide a signed attorney disclosure certification to the self-represented party for the self-represented party to file with the court as an attachment to the document(s). The certification must indicate whether the attorney provided drafting assistance for the entire document or for specific sections only, and if for specific sections, indicate which sections. The certification also must contain the following statement: “In helping to draft the document filed by the self- represented party, the attorney certifies that, to the best of the attorney’s knowledge, information, and belief, this document, or specified section(s), is (A) well-grounded in fact based upon a reasonable inquiry of the self-represented party by the attorney, (B) warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and (C) not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.” The attorney in providing such drafting assistance may rely on the self-represented party’s representation of facts, unless the attorney has reason to believe that such representations are false or materially insufficient, in which instance the attorney must make an independent reasonable inquiry into the facts. The attorney’s violation of this subsection (e)(2) may subject the attorney to the sanctions provided for in R.C.P. 11(a). Providing limited legal services to a self-represented party under this subsection (e)(2) does not constitute an entry of appearance by the attorney for purposes of this rule and does not authorize or require the service of papers upon the attorney.

(3) Limited Legal Services Not Requiring Entry of Appearance or Disclosure of Attorney Assistance. An attorney may provide the following forms of assistance to a self-represented party in a civil proceeding without satisfying the requirements of subsections (b)(1) and (2) of this rule: (A) assistance in filling out pre-printed or electronically published forms that are issued by the judicial branch; (B) oral assistance or advice given to the self-represented party regarding the self-represented party’s case; and (C) short-term legal assistance offered to a self-represented party on a pro bono basis, including but not limited to assistance through a nonprofit or court-sponsored program, that does not create an expectation by either the client or the lawyer that legal assistance will continue.
Providing limited legal services to a self-represented party under this subsection (b)(3) does not authorize or require the service of papers upon the attorney.

Rule 121. Local Rules—Statewide Practice Standards

(a)–(c) [NO CHANGE]

Section 1–1

1.–4. [NO CHANGE]

5. Notice of Limited Representation Entry of Appearance and Withdrawal. In accordance with C.R.C.P. 11(b)(1) and C.R.C.P. Rule 311(b)(1), an attorney may undertake to provide limited representation to a self-represented party involved in a court proceeding. Upon the request and with the consent of a self-represented party, an attorney may make a limited appearance for the self-represented party in one or more specified proceedings, if the attorney files and serves with the court and the other parties and attorneys (if any) a notice of the limited appearance prior to or simultaneous with the part(s) of the proceeding(s) for which the attorney appears. At the conclusion of such part(s) of the proceeding(s), the attorney’s appearance terminates without the necessity of leave of court, upon the attorney filing a notice of completion of limited appearance. Service on an attorney who makes a limited appearance for a party shall be valid only in connection with the specific proceeding(s) for which the attorney appears.

Committee Comment
The purpose of section 1-1(5) is to implement Colorado Rules of Civil Procedure 11(b)(1) and 311(b)(1), which authorize limited representation of a self-represented party either on a pro bono or fee basis, in accordance with Colorado Rule of Professional Conduct 1.2. This provision provides assurance that an attorney who makes a limited appearance for a self-represented party in a specified proceeding(s), at the request of and with the consent of the self-represented party, can withdraw from the proceeding(s) upon filing a notice of completion of the limited appearance, without leave of court.
An “active case” is any case other than a “completed case” as described in subsection 3 of the Practice Standard.

Section 1–2 to Section 1–26 [NO CHANGE]

Amended and Adopted by the Court, En Banc, December 19, 2024, effective immediately.

By the Court:

Richard L. Gabriel
Justice, Colorado Supreme Court

 

Official Colorado Supreme Court Rules Committees proceedings can be found at the Colorado Supreme Court Rules Committees website.

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