New Year, New Rules: Are You Using the Latest Version of the Rules?

With 2017 well under way, it is a good time to ensure that you are using the most up-to-date version of the applicable court rules. Important changes have taken place at both the state and federal level.

Changes to the Federal Rules of Appellate Procedure and the 10th Circuit Local Rules

As a reminder, important changes to the Federal Rules of Appellate Procedure took effect December 1, 2016. The 10th Circuit Local Rules also saw changes, which took effect January 1, 2017.

Important changes to these rules include, among others: a change in word count requirements for briefs, an amendment to address the issue of what it means to timely file a notice of appeal, and clarification on amicus briefs filed on rehearing. The 10th Circuit has prepared a helpful memo for practitioners that details all of the important changes. This memo is available at: http://www.ca10.uscourts.gov/sites/default/files/clerk/MemoWithChangesFinal-11-21-2016.pdf

2017 Changes to the Colorado Rules of Civil Procedure

For Colorado state courts, the Colorado Supreme Court recently approved some changes to the Colorado Rules of Civil Procedure. Some of these changes are effective immediately; others will become effective March 1, 2017. The changes range from simple grammatical edits to substantial changes in wording, and so should be reviewed carefully. One important change that became effective when the Court adopted the amended rules on January 12th was an amendment to C.R.C.P. 33, which governs how a party should respond to an interrogatory. Related is an updated version of Form 20 for Pattern Interrogatories Under Rule 33 that has substantial changes. There are also changes to the rules on garnishment and their corresponding forms. Beginning March 1, 2017, amendments to the following rules and forms will go into effect:

• Rule 17(b) (Capacity to Sue or Be Sued)

• Rule 41(b) (Involuntary Dismissal: Effect Thereof)

• Rule 60(b) (Mistakes: Inadvertence, Surprise, Excusable Neglect, Fraud, etc.)

• Rule 121 §§ 1-14 (Default Judgments), 1-19 (Jury Instructions), 1-23 (Bonds in Civil Matters), and 1-26 (Electronic Filing and Service System)

• Rule 305.5 (Electronic Filing and Serving)

• Rule 122 (Case Specific Appointment of Appointed Judges Pursuant to C.R.S. §13-3-111)

• JDF 1111 (Sworn Financial Statement) A redline version of the rules and their changes can be found here: https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Rule_Changes/2017/Rule%20Change%202017(01).pdf

The best way to approach rule changes is to regularly review rules that may apply in your case.