Boulder County District Court Document Filing Requirements

CRITICAL

Applies to

Petition and sworn affidavit

The County Attorney must initiate a new action by filing a Petition for Continued Restrictive Housing with a sworn affidavit.

The County Attorney will initiate a new action by filing a Petition for Continued Restrictive Housing (“Petition”) with a sworn affidavit (“Affidavit”) with the Court.

CRITICAL

Applies to

Attorney application

Applicants must describe their employment experience in the listed categories.

Please describe any employment (including self-employment) experience in the following:

CRITICAL

Applies to

Expanded media coverage request

Must include

certificate of service

The request form must include a certification that copies were emailed to the specified recipients.

I, _____ (printed name), do certify that I have emailed a copy of this form to the District Administrator, to the District Attorney's Office, and to the Public Defender's Office/Private Defense Counsel at _____ (time) on _____ (date).

CRITICAL

Applies to

Petition for continued restrictive housing

The petition must include a sworn, signed affidavit attached to it.

The affidavit, sworn, signed, and attached hereto, relates sufficient facts that meet the criteria of C.R.S. § 17-26-303(2)(i) by clear and convincing evidence.

CRITICALCriminal cases

Applies to

Photo identification

Each party must provide valid photo identification.

All parties must provide a valid photo ID.

CRITICALCriminal cases

Applies to

In custody defendant advisement

Defendants held on out-of-county warrants must be advised of the matters listed in Colorado Rule of Criminal Procedure 5(a)(2)(I–VII).

Such defendants shall be advised of the matters set out in Rule 5 (a)(2)(I through VII).

CRITICALCriminal cases

Applies to

Detention order

An order for further detention after a detention hearing must include findings addressing placement, reasonable efforts or exceptions, and safeguards preserving parental rights.

If the Court orders further detention at the conclusion of a detention hearing, the order must contain the following findings: (A) whether placement out of the juvenile’s home would be in the juvenile’s and community’s best interests; (B) whether reasonable efforts have been made to prevent or eliminate the need for removal of the juvenile from the home, whether it is reasonable that such efforts should not be provided due to the existence of an emergency situation that requires the immediate removal of the juvenile from the home, or whether such efforts should not be required due to the circumstances described in section 19-1-115(7); and (C) whether procedural safeguards to preserve parental rights have been applied in connection with the removal of the juvenile from the home, any change in the juvenile’s placement in a community placement, or any determination affecting parental visitation. § 19-2.5-305(3)(a)(XI).

CRITICALCivil cases

Applies to

Motion to stay truancy proceedings pending intervention

Must include

proposed order

If Diversion or Mediation is unsuccessful, the District must file a Motion to Stay Truancy Proceedings Pending Intervention with the proposed form order attached as Attachment B.

If Diversion or Mediation is ultimately unsuccessful, the District shall file a Motion to Stay Truancy Proceedings Pending Intervention, along with a proposed form Order, attached as Attachment B hereto.

CRITICALCivil cases

Applies to

Petition for extreme risk protection order

A petition must contain the stated risk allegation and sworn supporting affidavit, firearm and employment information, and information about any known existing protection order.

(3) A PETITION MUST: (a) ALLEGE THAT THE RESPONDENT POSES A SIGNIFICANT RISK OF CAUSING PERSONAL INJURY TO SELF OR OTHERS BY HAVING IN HIS OR HER CUSTODY OR CONTROL A FIREARM OR BY PURCHASING, POSSESSING, OR RECEIVING A FIREARM AND MUST BE ACCOMPANIED BY AN AFFIDAVIT, SIGNED UNDER OATH AND PENALTY OF PERJURY, STATING THE SPECIFIC STATEMENTS, ACTIONS, OR FACTS THAT GIVE RISE TO A REASONABLE FEAR OF FUTURE DANGEROUS ACTS BY THE RESPONDENT; (b) IDENTIFY THE NUMBER, TYPES, AND LOCATIONS OF ANY FIREARMS THE PETITIONER BELIEVES TO BE IN THE RESPONDENT'S CURRENT OWNERSHIP, POSSESSION, CUSTODY, OR CONTROL; (c) IDENTIFY WHETHER THE RESPONDENT IS REQUIRED TO POSSESS, CARRY, OR USE A FIREARM AS A CONDITION OF THE RESPONDENT'S CURRENT EMPLOYMENT; (d) IDENTIFY WHETHER THERE IS A KNOWN EXISTING DOMESTIC ABUSE PROTECTION ORDER OR EMERGENCY PROTECTION ORDER GOVERNING

CRITICAL

Applies to

Media coverage request

A separate media coverage request is required for each proceeding unless the judge designates continuing coverage for all proceedings; no new request is needed when an approved proceeding is continued.

A request for media coverage must be filed for each court proceeding unless the judge designates that coverage will remain the same for all proceedings in the case. If the same proceeding for which approval has been given is continued, no new request need be filed.

CRITICAL

The County Attorney initiates a new action by filing a Petition for Extension of Restrictive Housing and an Affidavit with the court.

The County Attorney will initiate a new action by filing a Petition for Extension of Restrictive Housing (“Petition”) and an Affidavit with the court.

CRITICALCivil cases

Applies to

Order denial

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

(b) IF THE COURT DENIES THE ISSUANCE OF AN EXTREME RISK PROTECTION ORDER, THE COURT SHALL STATE THE PARTICULAR REASONS FOR THE COURT'S DENIAL.

CRITICALCivil cases

Applies to

Motion for additional review

Must include

proposed order

A motion filed to request additional court review must be accompanied by a proposed order.

Parties requesting additional review by the court shall file a writ or legal process in conjunction with a motion and proposed order.

CRITICALCivil cases

Applies to

Written request

To assert any listed right before diversion, the student or respondent must file a written request with the court within 21 days.

IF YOU WISH TO ASSERT ANY OF THESE RIGHTS PRIOR TO DIVERSION YOU MUST FILE A WRITTEN REQUEST TO THE COURT WITHIN TWENTY-ONE (21) DAYS.

CRITICALCivil cases

Applies to

Writ or legal process

Writs or legal processes must reflect the current statutory exemption thresholds.

Such writs or legal processes shall reflect current exemption thresholds as outlined in the statute.

CRITICAL

Applies to

Attorney application

Applicants who can serve in only some district counties must specify those counties.

If you are only able to provide representation in certain counties within the district, please specify those counties:

CRITICALCivil cases

Applies to

Motion for diversion or mediation

School Districts must file a Motion for Diversion or Mediation and a form order along with the Petition.

Along with the Petition, the School Districts shall file a Motion for Diversion or Mediation, along with a form Order for Diversion or Mediation.

CRITICALCivil cases

If plaintiff or counsel does not appear at the civil return hearing, the plaintiff must take one of four specified filing actions, including a request for administrative closure if the defendant cannot be located and served.

If plaintiff/counsel does not appear, a Delay Prevention Order will be issued, and the plaintiff will be required to take one of the following actions: 1) file a written motion for default judgment, 2) file an alias summons with a new court date, 3) file a written settlement stipulation or, 4) file a request to administratively close the case if the defendant cannot be located and served.

CRITICALCivil cases

Applies to

Written request

To assert these rights before diversion continues, the student or respondents must file a written request with the court.

IF YOU WISH TO ASSERT ANY OF THESE RIGHTS PRIOR TO CONTINUATION OF DIVERSION YOU MUST FILE A WRITTEN REQUEST TO THE COURT WITHIN TWENTY-ONE DAYS.

CRITICAL

Applies to

Attorney application

Applicants must explain any malpractice suit, discipline, or pending action and may attach additional sheets as needed.

Has a malpractice suit ever been brought against you, have you been disciplined, or is any such action pending? If yes, please explain. (Attach additional sheets, as needed.)

CRITICALCriminal cases

Applies to

Power of attorney

A Power of Attorney used instead of personal appearance must be approved by the Court.

A Power of Attorney in lieu of personal appearance must be approved by the Court.

CRITICALCivil cases

Applies to

Temporary extreme risk protection order

The temporary extreme risk protection order must include the specified statement to its subject.

(g) THE FOLLOWING STATEMENT: To THE SUBJECT OF THIS TEMPORARY EXTREME RISK PROTECTION ORDER: THIS ORDER IS VALID UNTIL THE DATE AND TIME NOTED ABOVE. 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 MUST IMMEDIATELY SURRENDER TO THE (INSERT NAME OF LAW ENFORCEMENT AGENCY IN THE JURISDICTION WHERE THE RESPONDENT RESIDES) ALL FIREARMS IN YOUR CUSTODY, CONTROL, OR POSSESSION, AND ANY CONCEALED CARRY PERMIT ISSUED TO YOU. A HEARING WILL BE HELD ON THE DATE AND AT THE TIME NOTED ABOVE TO DETERMINE IF AN EXTREME RISK PROTECTION ORDER SHOULD BE ISSUED. FAILURE TO APPEAR AT THAT HEARING MAY RESULT IN A COURT ENTERING AN ORDER AGAINST YOU THAT IS VALID FOR THREE HUNDRED SIXTY FOUR DAYS. AN ATTORNEY WILL BE APPOINTED TO REPRESENT YOU, OR YOU MAY SEEK THE ADVICE OF YOUR OWN ATTORNEY AT YOUR OWN EXPENSE AS TO ANY MATTER CONNECTED WITH THIS ORDER.

CRITICALCriminal cases

Applies to

Return of service

The warrant’s return of service provides for certification of the execution date and how the warrant was executed.

I hereby certify that I have duly executed this warrant on this ________ day of _________________, 20_______, by ______________________________________________________________________ as I am herein commanded.

WARNINGCriminal cases

Applies to

Motion

The Public Defender's Office should include the specified paragraph in all motions impacted by the malware outage.

In order to address this incapacity, future filings by the Public Defender's Office should include the following paragraph in all motions impacted: This motion was due on XX, 2024, during the period of Public Defender malware encryption. As a result, this motion is being filed past the original deadline. All parties have agreed that the deadline will be extended.

WARNINGCivil cases

Applies to

Case management conference report

Following a Case Management Conference, the Magistrate must produce a report listing attendance, issues addressed, and whether each issue was resolved.

Following the Case Management Conference, the Magistrate will produce a report indicating the parties in attendance and not in attendance, the issues addressed, and whether each issue was resolved.

WARNING

Applies to

Contraband exhibit

A photograph of the contraband should be taken and placed in the record prior to the release to another party or agency.

A photograph of the contraband should be taken and placed in the record prior to the release to another party or agency.

WARNING

Applies to

Substitute attorney application

Attorneys listed as substitutes must also submit an application demonstrating their qualifications.

Attorneys listed below must also submit an application to the court to demonstrate their qualifications.

WARNING

Applies to

Attorney application

Applicants are asked to provide additional relevant qualifications and experience information, using additional sheets as needed.

Please provide any additional information about your qualifications and experience to help us evaluate your ability to provide high quality representation for parties to whom you would be appointed in relation to this application. (Attach additional sheets, as needed.)

WARNING

Applies to

Certificate of insurance

The applicant must provide the Department a copy of the Certificate of Insurance upon request.

I will provide to the Department a copy of my Certificate of Insurance upon request.

WARNINGCriminal cases

Applies to

Warrant

Warrants should be reviewed by the office of the District Attorney prior to going before a Judicial Officer for signature, setting of bond and bond conditions. The District Attorney will be responsible for verifying charges, including statute numbers and subsections, literal translation of statute(s) violated and classification of offense(s).

Warrants should be reviewed by the office of the District Attorney prior to going before a Judicial Officer for signature, setting of bond and bond conditions. The District Attorney will be responsible for verifying charges, including statute numbers and subsections, literal translation of statute(s) violated and classification of offense(s).

WARNING

Applies to

Exhibit inventory list

A written inventory listing exhibit numbers is required for exhibits admitted in felony and juvenile cases, but not misdemeanor or traffic cases.

During the trial, the law clerk, court judicial assistant or other designated court staff shall prepare a written inventory including exhibit numbers of all exhibits entered into evidence in Felony and Juvenile cases. (Misdemeanor and traffic cases are excluded from the requirement of an inventory list).

WARNINGCivil cases

Applies to

Application

Applicants must identify every district in which they seek to serve as appointed counsel.

Please indicate all districts in which you are applying to serve as Court-Appointed Extreme Risk Protection Order Counsel.

WARNING

Applies to

General docket

The written general docket must identify the judicial officers and cases scheduled for that week and note all jury trials.

The scheduling judge shall prepare a written general docket that includes all the judges (and magistrates, county judges and senior judges who will be hearing cases) and all the cases to be tried that week. All jury trials will be noted.

WARNING

Applies to

Record of proceedings

On appeal, the freelance reporter must prepare the record according to court rule and coordinate its filing with the appeals clerk.

In the event of an appeal, the freelance reporter understands that he/she is responsible for preparation of the record of the proceedings according to court rule and shall coordinate filing of same with the appeals clerk.

WARNING

Applies to

Reporter notes or real time file

If no final transcript has been prepared, the reporter must leave the specified notes or real-time file with the Clerk of Court or designee.

To ensure compliance with Chief Justice Directive (CJD) 05-03, and if a final transcript has not been prepared, the freelance reporter shall leave his/her paper notes and/or a copy of the electronic notes or real-time file of the proceedings reported with the Clerk of Court or designee.

WARNINGCivil cases

Applies to

Application

Applicants must list the support staff and other resources available to support their representation of assigned clients.

Please list the support staff and other resources that will be available to you to support the adequate representation of any and all clients that may be assigned:

WARNING

Applies to

Petition

If the circumstances have not changed, the jail may file only a Petition stating that there has been no change from the original filing.

2 If the circumstances that are the basis of the original Petition have not changed, then the local jail, through the County Attorney's Office, may file only a Petition representing that there has been no change in circumstances from the original filing.

WARNING

Applies to

Photographic record

The agency, district attorney, or defense counsel receiving returned exhibits must photograph them in the presence of court personnel and submit a photographic copy to the court.

The law enforcement agency, the district attorney or defense counsel, as applicable, to whom the exhibits are being returned, shall photograph the returned exhibits in the presence of appropriate court personnel and a copy of the photographs or a digital copy of the photographs shall be submitted to the court to preserve the record as to the returned exhibits.

WARNING

Applies to

Expanded media coverage objection

A party or witness may lodge a written objection with the judge to coverage of all or part of a proceeding.

Any party or witness may lodge with the judge a written objection to expanded media coverage of all or a portion of a proceeding.

WARNINGCivil cases

The parties need not attend the court review if, before the review date, they file the specified ADR compliance and trial-setting documents, a written stipulation, or a notice of dismissal.

This review date will be vacated and the parties will not be required to attend if the Certificate of ADR compliance and a motion to set for trial, or a written stipulation, or a notice of dismissal are filed with the court prior to the review date.

WARNINGCivil cases

Applies to

Missed appointment record

The mental health facility must document every appointment the Respondent patient misses.

The mental health facility shall document all appointments missed by the Respondent patient.

WARNING

Applies to

Weapon exhibit

A photograph of the weapon should be taken and placed in the record prior to the release to another party or agency.

A photograph of the weapon should be taken and placed in the record prior to the release to another party or agency.

WARNINGCivil cases

Applies to

Motion

An administratively closed case may be reopened by written motion.

An administratively closed case can be reopened by written motion.

WARNINGCivil cases

Applies to

Letter requesting pick up and transport

When completing the pick-up-and-transport request form, check all lines that apply to the respondent.

(Check all lines that apply to Respondent)

WARNING

Applies to

Request to extend restrictive housing order

If circumstances have not changed, the jail may request an extension by representing that fact without filing an additional Affidavit.

If the circumstances have not changed since the original Petition and Affidavit were filed, the jail may file a request to extend the restrictive housing order representing there has been no change in circumstances from the original filing without an additional Affidavit.

WARNING

Applies to

Notice of destruction

A notice must be sent to each counsel of record or party stating that unclaimed exhibits and depositions will be destroyed within 35 days.

The appeals specialist or designated judicial assistant shall send a notice to each counsel of record or party advising that the exhibits and any depositions entered into evidence for a particular case will be destroyed unless claimed within 35 days.

WARNINGCivil cases

Applies to

Adr filing

After successful ADR, a certificate of compliance should be filed with a Stipulation or Motion to Dismiss.

If ADR is successful, a certificate of compliance should be filed along with a Stipulation or a Motion to Dismiss.

WARNING

Applies to

Photographic record

The party receiving returned exhibits must retain a copy of the photographs.

A copy shall also be retained by the party to whom the exhibits are returned.

WARNINGCivil cases

Applies to

Truancy petition

When the student is referred to a community truancy board, attach a narrative statement describing the board’s actions.

referred the student to a community truancy board (please attach a narrative statement on actions taken by truancy board)

WARNINGCivil cases

Applies to

Parent child interactional evaluation

Parent-child interactional evaluations are limited to the parent, the parent's RPC, the GAL, and the Department.

Parent-child interactional evaluations will also be limited to the parent, RPC for the parent, GAL, and Department.