Boulder County District Court Document Filing Requirements

CRITICALCivil cases

Applies to

Extreme risk protection order

An extreme risk protection order must include specified grounds, dates, court information, firearm relinquishment requirements, and the prescribed statement to the respondent.

(9) AN EXTREME RISK PROTECTION ORDER MUST INCLUDE: (a) A STATEMENT OF THE GROUNDS SUPPORTING THE ISSUANCE OF THE ORDER; (b) THE DATE AND TIME THE ORDER WAS ISSUED; (c) THE DATE AND TIME THE ORDER EXPIRES; (d) THE ADDRESS OF THE COURT IN WHICH ANY RESPONSIVE PLEADING SHOULD BE FILED; (e) THE REQUIREMENTS FOR RELINQUISHMENT OF A FIREARM AND CONCEALED CARRY PERMIT PURSUANT TO SECTION 13-14.5-108; AND (f) THE FOLLOWING STATEMENT: To THE SUBJECT OF THIS EXTREME RISK PROTECTION ORDER: THIS ORDER WILL LAST UNTIL THE DATE AND TIME NOTED ABOVE. IF YOU HAVE NOT DONE SO ALREADY, YOU MUST IMMEDIATELY SURRENDER ANY FIREARMS IN YOUR CUSTODY, CONTROL, OR POSSESSION AND ANY CONCEALED CARRY PERMIT ISSUED TO YOU. YOU MAY NOT HAVE IN YOUR CUSTODY OR CONTROL A FIREARM OR PURCHASE, POSSESS, RECEIVE, OR ATTEMPT TO PURCHASE OR RECEIVE A FIREARM WHILE THIS ORDER IS IN EFFECT. YOU HAVE THE RIGHT TO REQUEST ONE HEARING TO TERMINATE THIS ORDER DURING THE PERIOD THAT THIS ORDER IS IN EFFECT, STARTING FROM THE DATE OF THIS ORDER AND CONTINUING THROUGH ANY RENEWALS. YOU MAY SEEK THE ADVICE OF AN ATTORNEY AS TO ANY MATTER CONNECTED WITH THIS ORDER.

CRITICALCriminal cases

Applies to

Detention hearing materials

Before the detention hearing, the arresting agency and screening team must promptly provide specified materials to defense counsel and the Court.

Prior to the detention hearing, the arresting law enforcement agency shall promptly provide to defense counsel and to the Court the affidavit supporting probable cause for the arrest and the arrest report, and the screening team shall promptly provide to defense counsel and to the Court results from the detention risk screening.

CRITICAL

Applies to

Civil case settlement

When a civil case settles during scheduling week, the parties are notified to file settlement and dismissal documents.

When a civil case is settled during the scheduling week, the scheduling judge shall send the parties a notice to file settlement and dismissal documents.

CRITICALCivil cases

Applies to

Petition regarding truancy

School Districts must initiate new truancy cases using the Petition Regarding Truancy attached as Attachment A.

School Districts shall initiate all new truancy cases using the Petition Regarding Truancy (the “Petition”) attached as Attachment A hereto.

CRITICALCivil cases

Applies to

Petition for extreme risk protection order

A petition for a temporary extreme risk protection order must comply with the requirements of section 13-14.5-104 (3).

THE PETITION SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 13-14.5-104 (3).

CRITICALCivil cases

Applies to

Petition for extreme risk protection order

A petition seeking a temporary extreme risk protection order without notice must include a sworn affidavit stating supporting facts and, for a family or household member petitioner, attesting to that status.

A FAMILY OR HOUSEHOLD MEMBER OF THE RESPONDENT OR A LAW ENFORCEMENT OFFICER OR AGENCY MAY REQUEST A TEMPORARY EXTREME RISK PROTECTION ORDER WITHOUT NOTICE TO THE RESPONDENT BY INCLUDING IN THE PETITION FOR AN EXTREME RISK PROTECTION ORDER AN AFFIDAVIT, SIGNED UNDER OATH AND PENALTY OF PERJURY, SUPPORTING THE ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER THAT SETS FORTH THE FACTS TENDING TO ESTABLISH THE GROUNDS OF THE PETITION OR THE REASON FOR BELIEVING THEY EXIST AND, IF THE PETITIONER IS A FAMILY OR HOUSEHOLD MEMBER, ATTESTING THAT THE PETITIONER IS A FAMILY OR HOUSEHOLD MEMBER.

CRITICALCivil cases

Applies to

Extreme risk protection order form

The extreme risk protection order form must conspicuously include notice of criminal penalties and the specified statement.

THE EXTREME RISK PROTECTION ORDER FORM MUST INCLUDE, IN A CONSPICUOUS LOCATION, NOTICE OF CRIMINAL PENALTIES RESULTING FROM VIOLATION OF THE ORDER AND THE FOLLOWING STATEMENT: YOU HAVE THE SOLE RESPONSIBILITY TO AVOID OR REFRAIN FROM VIOLATING THIS EXTREME RISK PROTECTION ORDER'S PROVISIONS. ONLY THE COURT CAN CHANGE THE ORDER AND ONLY UPON WRITTEN MOTION.

CRITICALCivil cases

Applies to

Petition and order

After January 1, 2020, petitions and orders under this article must use the standard forms.

THE STANDARD PETITION AND ORDER FORMS MUST BE USED AFTER JANUARY 1, 2020, FOR ALL PETITIONS FILED AND ORDERS ISSUED PURSUANT TO THIS ARTICLE 14.5.

CRITICALCriminal cases

Applies to

Written promise to appear

A written promise to appear must state the charges, when and where the juvenile must answer them, the right to counsel, and local public defender contact information.

A written promise to appear must include the charges against the juvenile; the date, time, and place where the juvenile is required to answer such charges; notice of the juvenile's right to the assistance of counsel; and the contact information for the local office of the state public defender. § 19-2.5-303(5)(b).

CRITICALCriminal cases

Applies to

Detainer form

The probation officer must complete a detainer form describing the alleged violations.

1. A detainer form shall be completed by the probation officer describing the alleged violations.

CRITICALCivil cases

Applies to

Proof of completion

The course provider must file proof that the parties completed an approved seminar.

The course provider will file the required proof of completion of an approved seminar with the Court.

CRITICALCivil cases

Applies to

Pick up procedure forms

The district's approved procedures and accompanying forms must be used to pick up certified individuals.

Attached to this order are the procedures and accompanying forms developed by and approved by the Boulder County Attorney that shall be used in this district to pick up certified individuals.

CRITICAL

Applies to

Supplemental case management order re adr

The Supplemental Case Management Order re ADR must state the confirmed ADR date and who will conduct the ADR.

You must file a Supplemental Case Management Order re ADR within 119 days (17 weeks) of this Order, stating the confirmed ADR date and the agency, person, or business conducting the ADR.

CRITICALCriminal cases

Applies to

Release of lien

The property owner must file the Release of Lien with the County Clerk and Recorders Office.

It is the responsibility of the property owner to file it with the County Clerk and Recorders Office ($6 fee required).

CRITICALCivil cases

Applies to

Petition

The petition’s declaration must attest under penalty of perjury to the declarant’s relationship to the attendance records and the records’ ordinary-course creation and use.

I further declare under penalty of perjury under the laws of the state of Colorado, that I am a custodian of or supervisor over the attendance records of this student. That these records are kept in the ordinary course of the business of said school and School District, are records that are made near or at the time of the taking of attendance, and are relied on by the school and School District for all purposes relating to attendance and truancy.

CRITICAL

Applies to

Verification

The verification includes the Colorado perjury declaration, execution date and location, printed name, and signature.

I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct. Executed on the _____ day of _____, _____ (date) _____ (month) _____ (year), At _____ (city or other location and state or country) _____ (printed name) _____ (signature)

CRITICALCivil cases

Applies to

Termination hearing request form

When issuing an extreme risk protection order, the court must inform the respondent of the right to request termination and provide a termination-hearing request form.

(10) WHEN THE COURT ISSUES AN EXTREME RISK PROTECTION ORDER, THE COURT SHALL INFORM THE RESPONDENT THAT HE OR SHE IS ENTITLED TO REQUEST TERMINATION OF THE ORDER IN THE MANNER PRESCRIBED BY SECTION 13-14.5-107. THE COURT SHALL PROVIDE THE RESPONDENT WITH A FORM TO REQUEST A TERMINATION HEARING.

CRITICALCivil cases

Applies to

Search warrant application

A search-warrant application concerning firearms possessed by an ERPO respondent must comply with section 16-3-303 and provide facts supporting probable cause, including the respondent’s status, firearm possession and location, and the credibility and reliability of other information relied upon.

(1) ANY COURT MAY ISSUE A SEARCH WARRANT TO SEARCH FOR AND TAKE CUSTODY OF ANY FIREARM IN THE POSSESSION OF A NAMED RESPONDENT IN AN EXTREME RISK PROTECTION ORDER OR TEMPORARY EXTREME RISK PROTECTION ORDER FILED PURSUANT TO ARTICLE 14.5 OF TITLE 13 IF THE APPLICATION FOR THE WARRANT COMPLIES WITH ALL REQUIRED PROVISIONS OF SECTION 16-3-303 AND ALSO PROVIDES FACTS SUFFICIENT TO ESTABLISH BY PROBABLE CAUSE: (a) THAT THE NAMED PERSON IS A NAMED RESPONDENT IN AN EXTREME RISK PROTECTION ORDER OR TEMPORARY EXTREME RISK PROTECTION ORDER FILED PURSUANT TO ARTICLE 14.5 OF TITLE 13; AND (b) THAT THE NAMED PERSON IS IN POSSESSION OF ONE OR MORE FIREARMS; AND (c) THE LOCATION OF SUCH FIREARMS; AND (d) ANY OTHER INFORMATION RELIED UPON BY THE APPLICANT AND WHY THE APPLICANT CONSIDERS SUCH INFORMATION CREDIBLE AND RELIABLE.

CRITICALCivil cases

Applies to

Progress report

The progress report must describe the interventions and their outcomes, include a complete attendance report, and request specified relief or other relief the court may grant.

The report must include the following: 1) the specific interventions undertaken by the school district; 2) the outcome of the interventions; 3) a complete attendance report; and 4) a request to dismiss or administratively close the case, a request to continue the stay in the case so the district can continue to monitor the matter, a request that the matter continue with the Truancy Improvement Project, a request for a hearing if good cause exists, or such other relief as the court may grant.

CRITICALCivil cases

Applies to

Stipulation

Any stipulation must be drafted, reviewed by the parties, and submitted to the Court as soon as possible.

Any stipulation will be drafted by a designated party, reviewed by parties, and submitted to the Court as soon as possible.

CRITICALCivil cases

Applies to

Motion to produce

A party seeking to deviate from the evaluation distribution list must file a Motion to Produce with the Court.

Any party requesting a deviation from this distribution list shall file a Motion to Produce with the Court.

CRITICAL

Applies to

Petition and affidavit

A request to continue restrictive housing beyond the court-ordered period must include another Petition and Affidavit filed in the existing CV case.

If the local jail determines that it needs to keep the individual in restrictive housing for longer than ordered by the court, then it must file another Petition and Affidavit within the existing CV case prior to the expiration of the order.

CRITICAL

Applies to

Affidavit

The affidavit must assert that the respondent meets the continued-placement criteria and request a written court order.

Affiant asserts that Respondent meets the criteria under C.R.S. § 17-26-303(2)(i)(II) for continued placement in restrictive housing for more than fifteen (15) days in a thirty (30) day period and hereby requests a written Court Order to allow the Boulder County Jail to continue to place Respondent in restrictive housing.

CRITICAL

Applies to

Settlement agreement

A signed agreement must be filed with the court before the trial date is vacated in a settled domestic relations or paternity case.

When the scheduling judge is notified that a domestic relations or paternity case is settled, the scheduling judge shall require a signed agreement be filed with the court before the trial date is vacated.

CRITICALCivil cases

Applies to

Motion to stay truancy proceedings pending intervention legacy cases

Must include

proposed order

School Districts must file the proposed order attached as Attachment C along with the motion.

Along with the Motion, the School Districts shall file a proposed Order to Stay Truancy Proceedings Pending Intervention, attached as Attachment C hereto.

CRITICALCriminal cases

Applies to

Warrant coversheet

The district attorney’s checklist responsibilities include verifying the charge details and authorizing the warrant coversheet walk-through and entry into CCIC and/or NCIC.

DISTRICT ATTORNEY RESPONSIBILITY ‰ Verification of Charges o C.R.S. Citation (including sub-paragraphs) o Literal Translation of section allegedly violated o Classification of section allegedly violated ‰ Authorization of Walk-thru for immediate entry by clerk (Warrant coversheet) ‰ Authorization of entry into CCIC &/or NCIC (DA Warrant Authorization)

CRITICAL

Applies to

Request to extend restrictive housing order

If changed circumstances warrant notifying the court, the jail must attach an updated Affidavit to its request to extend the restrictive housing order.

If circumstances have changed and warrant notifying the court, then the jail shall file a request to extend the restrictive housing order with an updated Affidavit attached.

CRITICALCivil cases

Applies to

Post termination report

BCDHHS and the Guardian ad Litem must file a written post-termination report at least one week before the hearing.

A written post-termination report is to be filed by BCDHHS and the Guardian ad Litem and served on the parties and counsel at least one week prior to the Hearing.

CRITICALCivil cases

Applies to

Traffic infraction plea form

To enter a plea by mail, sign and date the form and mail it with the total payment to the listed court address.

TO ENTER A PLEA BY MAIL sign and date this document and mail it with your payment for the total due to: TWENTIETH JUDICIAL DISTRICT OF COLORADO P.O. BOX 4249 BOULDER, CO 80306-4249

CRITICALCivil cases

Applies to

Notice

When a law enforcement officer or agency is the petitioner, it must make a good-faith effort to notify specified people, and the notice must include referrals to appropriate resources.

(13) IF COURT ISSUES AN EXTREME RISK PROTECTION ORDER AND THE PETITIONER IS A LAW ENFORCEMENT OFFICER OR AGENCY, THE PETITIONER SHALL MAKE A GOOD-FAITH EFFORT TO PROVIDE NOTICE OF THE ORDER TO A FAMILY OR HOUSEHOLD MEMBER OF THE RESPONDENT AND TO ANY KNOWN THIRD PARTY WHO MAY BE AT DIRECT RISK OF VIOLENCE. THE NOTICE MUST INCLUDE REFERRALS TO APPROPRIATE RESOURCES, INCLUDING DOMESTIC VIOLENCE, BEHAVIORAL HEALTH, AND COUNSELING RESOURCES.

CRITICALCivil cases

Applies to

Temporary extreme risk protection order

If the court issues a temporary extreme risk protection order, it must state the particular reasons for issuing it.

(a) IF THE COURT ISSUES A TEMPORARY EXTREME RISK PROTECTION ORDER, THE COURT SHALL STATE THE PARTICULAR REASONS FOR THE COURT'S ISSUANCE.

CRITICALCivil cases

Applies to

Form 9 disclosure statement

Form 9 disclosure statements exchanged for trial must list witnesses and exhibits.

If a case is set for trial, at least twenty-one (21) days prior to the trial, the parties will be required to exchange Form 9 disclosure statements, listing witnesses and exhibits.

CRITICALCivil cases

Applies to

Progress report

The Progress Report must state the district's interventions and their outcomes and attach the current school year attendance report as Exhibit A.

COMES NOW (NAME OF SCHOOL DISTRICT), and through the undersigned counsel submits the following Progress Report for the Court’s review and moves the Court for an order relating to truancy proceedings as follows: - 1) Specific interventions undertaken by the school district: - 2) Outcome of the interventions: - 3) Current school year attendance report attached as Exhibit A.

CRITICAL

Applies to

Petition

The Petition should be filed as a public court document and should not include any medical and/or mental health information regarding the individual.

The Petition should be filed as a public court document and should not include any medical and/or mental health information regarding the individual.

CRITICAL

Applies to

Trial management order

A certificate of ADR completion shall be filed with the proposed Trial Management Order at least 28 days before trial.

A certificate of ADR completion shall be filed with the proposed Trial Management Order at least 28 days before trial.

CRITICALCriminal cases

Applies to

Monthly expense documentation

Applicants must furnish the public defender proof of monthly expenses for ongoing payments and unusual or recurring expenses.

Proof of monthly expenses for all ongoing payments plus any unusual or recurring expenses must be furnished to the public defender.

CRITICAL

Applies to

Media coverage request

A coverage request must use the attached request form.

A written request for coverage, using the attached Request for Expanded Media Coverage of Court Proceedings, must be emailed to the District Administrator or her designee according to the following unless a longer or shorter time is required or permitted by the judge:

CRITICALCivil cases

Applies to

Truancy petition

If the school district entered into an attendance agreement, the petition must include a copy of it.

Did the school district enter into an agreement with the student and parent(s) that establishes school attendance requirements? No Yes - Attached is a copy of the agreement.

CRITICALCriminal cases

Applies to

Specification of restitution

The District Attorney must prepare the Specification of Restitution with each victim’s name, address, and offense date.

The Specification of Restitution shall be prepared by the District Attorney and shall include the names, address and offense dates of each victim in all cases, and be mailed, by first-class postage prepaid, to the defendant when the proposed order is filed with the court.

CRITICALCivil cases

Applies to

Extreme risk protection order

If the court issues an extreme risk protection order, it must state its particular reasons for issuing it.

(1 1) (a) IF THE COURT ISSUES AN EXTREME RISK PROTECTION ORDER, THE COURT SHALL STATE THE PARTICULAR REASONS FOR THE COURT'S ISSUANCE.

CRITICALCivil cases

Applies to

Proof of relinquishment or removal

One option is for the respondent to file proof that all firearms and any concealed carry permit were relinquished or removed, and attest that the respondent currently has none.

(I) FILE WITH THE COURT THAT ISSUED THE ORDER ONE OR MORE PROOFS OF RELINQUISHMENT OR REMOVAL SHOWING THAT ALL FIREARMS PREVIOUSLY IN THE RESPONDENT'S CUSTODY, CONTROL, OR POSSESSION, AND ANY CONCEALED CARRY PERMIT ISSUED TO THE RESPONDENT, WERE RELINQUISHED TO OR REMOVED BY A LAW ENFORCEMENT AGENCY, AND ATTEST TO THE COURT THAT THE RESPONDENT DOES NOT CURRENTLY HAVE ANY FIREARMS IN THE RESPONDENT'S CUSTODY, CONTROL, OR POSSESSION, AND DOES NOT CURRENTLY HAVE A CONCEALED CARRY PERMIT;

CRITICALCivil cases

Applies to

Truancy petition

If no attendance agreement was entered into, the petition must state the reason.

If NO agreement, give reason: _____

CRITICALCivil cases

Applies to

Truancy petition

The truancy petition must include copies of the attendance reports.

Copies of the attendance reports are attached.

CRITICAL

Applies to

Settlement agreement

A signed agreement must be filed before the trial date is vacated in a settled domestic relations or paternity case.

- 21. When the scheduling judge is notified that a domestic relations or paternity case is settled, the scheduling judge shall require a signed agreement be filed with the court before the trial date is vacated.

CRITICAL

Applies to

Petition and suppressed affidavit

If circumstances have changed or the jail has additional information for the Court, it must file another suppressed Affidavit with the Petition.

If circumstances have changed and/or there is additional information the local jail believes the Court should be apprised of, then the local jail shall file another suppressed Affidavit with the Petition.

CRITICALCriminal cases

Applies to

Letter

A letter advising the sentencing judge of the planned transfer must be transmitted approximately two weeks before the inmate’s release.

Approximately two weeks before the inmate is released, a letter shall be transmitted to the sentencing judge advising the judge that the jail intends to allow the inmate to transfer to the day reporting program or the Sheriff’s electronic home monitoring program.

CRITICALCriminal cases

Applies to

Direct filing motion

Class 1 felonies must be commenced by filing a motion for direct filing in district court with the Chief Judge.

All class 1 felonies shall be commenced by filing a motion for direct filing in district court with the Chief Judge.

CRITICAL

Applies to

Summary of discovery dispute

A Summary of Discovery Dispute must concisely identify the disputed issues and requested relief, is filed instead of a written motion or response, and may be stricken if it is not in substantial compliance.

This document shall concisely identify the discovery issues in dispute, and specify the relief sought. It may include citations to pertinent legal authority. The Summary shall be no longer than two pages in length, double-spaced. This document shall be filed in lieu of filing a written motion or response. Documents that are not in substantial compliance with this requirement will be stricken.

CRITICAL

Applies to

Summary of discovery dispute

A Summary of Discovery Dispute must concisely identify the disputed issues and requested relief, is filed instead of a written motion or response, and may include pertinent legal citations; noncompliant documents will be stricken.

This document shall concisely identify the discovery issues in dispute, and specify the relief sought. It may include citations to pertinent legal authority. The Summary of Discovery Dispute shall be filed in lieu of filing a written motion or response. Documents that are not in substantial compliance with this requirement will be stricken.

CRITICALCivil cases

Applies to

Petition

The petition’s declaration must state the declarant’s position and attest under penalty of perjury to the truth of the information and the School District’s statutory compliance.

4.1 I, ..., am employed as an Attendance Advocate by the Boulder Valley School District. I declare under penalty of perjury under the laws of the state of Colorado that the above information is true and accurate and the School District has complied with the statutory requirements of Colorado School Attendance Act of 1963.