Rule Change Roundup: Key Changes to Colorado State Court Rules for 2018

With 2018 in full swing, make sure you are using the updated Colorado State Court Rules. New changes to the Colorado Rules of Civil Procedure and the Colorado Appellate Rules are now in effect. This blog summarizes some of the high points. For more information on these and other rule changes, visit the Colorado Supreme Court’s website.

Colorado Appellate Rules: The Record on Appeal

One of the more sweeping changes this year is the change to how the record on appeal is requested and transmitted to the Court. Previously, the record on appeal was governed by C.A.R. 10 and 11. Prior Rule 10(b) required the appellant to file a “Designation of Record.” The items the appellant wanted to be part of the record were then transmitted to the appellate court in accordance with C.A.R. 11.

Now, rather than the appellate record designation being housed in two different rules, C.A.R. 11 has been deleted and replaced by a revised C.A.R. 10. According to the comments to the rule change, the amendments are designed to create a more cohesive and comprehensive records rule. There are also two new forms to assist with the process: Designation of Transcripts (Form 8) and Motion to Supplement the Record (Form 9).

Take note of these key changes:

• Before, C.A.R. 10(a) gave the appellant the option of selecting a detailed list of items that could be included in the record, or doing a detailed designation of the record. The new C.A.R. 10(a) states that the record on appeal consists of all documents filed in the trial court case as of the date of the notice of appeal (or any amended notice); plus transcripts designated by counsel using the “Designation of Transcripts” form.

• The new rule jettisons the old “Designation of Record” form and now uses a form called “Designation of Transcripts” (Form 8). As previously mentioned, the court file below is part of the record by virtue of the rule, so all the appellant has to file is a designation listing any transcripts that need to be included as well.

• The Designation of Transcripts form must be filed in the district court (with an advisory copy to the appellate court) shortly after filing the notice of appeal—a mere seven days. Before, the appellant had 14 days after filing the notice of appeal to file the designation of record, so this is an important change.

• The new rule also addresses supplementing the record. The important thing to note here is that if something needs to be added to the record after it has been transmitted to the appellate court, you need to use Form 9: Motion to Supplement Record.

The new rule applies to appeals filed on or after January 1, 2018. In addition, rules that referenced the now-obsolete C.A.R. 11 and its lingo have been updated to reflect the change. See C.A.R. 3.4, 4.1, 5, 112.

Colorado Appellate Rules: Goodbye ICCES

In another minor change, the rules now officially reflect the fact that the e-filing system is now the Colorado Courts E-Filing System, rather than the Integrated Colorado Courts E-Filing System (ICCES). The name change was actually made back in 2016, so we’ve been living with this name for a while. But now, the rules have been updated to reflect the same.

Colorado Rules of Civil Procedure: Admitting Business Records

A few changes to the Colorado Rules of Civil Procedure are now effective. One notable change was the addition of new forms to address admission of business records.

These new forms address compliance with Colorado Rules of Evidence 902(11) and 902(12). One form is designed to be given to the records custodian and serves as an affidavit that establishes the requirements of the rule. The next form serves as the notification that the records will be admitted by using the form. Use of the forms is not the only way to comply with the rules of evidence, but they do address the rules’ requirements.

Colorado Rules of Civil Procedure: Statewide Practice Standards

A few provisions of the statewide practice standards were retooled. Here are some of the highlights:

• Word limits on motions and briefs. Previously, the rules addressed length of motions (other than motions to dismiss or motions for summary judgment) in terms of both page limits and word limits. Now, the word limits have been eliminated; page limits control. And for formatting, motions and briefs need to comply with C.R.C.P. 10(d).

• Failure to file legal authority. The old rule used to reference only Rule 56 motions; now it applies to all written motions. In addition, the rule regarding confessing motions was clarified. Now, failing to file a responsive brief to a motion seeking to resolve a claim or defense under Rule 12 or 56 is no longer considered a confession of the motion.

• Conferring with pro se parties. The rule regarding the duty to confer now addresses conferral with self-represented parties. The duty to confer now explicitly applies to pro se parties, except under certain circumstances (the pro se party is incarcerated, or doing so would violate a protection or restraining order, etc.). If you don’t confer with the other side—in addition to saying why—you now also need to state all the efforts to which you went to confer.

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