Boulder County District Court Service and Proof of Service Rules

CRITICALCivil cases

The BCDHHS must serve the written court report and proposed treatment-plan amendments on the parties at least seven days before the Permanency Planning Hearing.

A written court report and any proposed amendments to the treatment plan must be filed by BCDHHS and served on the parties at least seven days prior to the Permanency Planning Hearing.

CRITICALCivil cases

The hearing notice and petition must be served on the respondent under Colorado Rule of Civil Procedure 4 or Rule 304 of the Colorado Rules of County Court Civil Procedure.

A COPY OF THE NOTICE OF HEARING AND PETITION MUST BE SERVED UPON THE RESPONDENT IN ACCORDANCE WITH THE RULES FOR SERVICE OF PROCESS AS PROVIDED IN RULE 4 OF THE COLORADO RULES OF CIVIL PROCEDURE OR RULE 304 OF THE COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE.

CRITICALCivil cases

The petitioner must provide respondents with notice of the order.

Notice of this order shall be provided by the petitioner to respondents.

CRITICALCivil cases

Applies to

Outpatient treatment notice

Notice may be given to the individual at their last known address or residence, and a copy must be faxed or mailed to the attorney if notice is issued.

As part of these efforts, you may be given notice at your last known address or residence that you will be picked up within 24 hours of the issuance of such notice and taken into custody for evaluation of the need for a change in the requirements of your treatment plan and/or your ability to continue to receive outpatient treatment. If such notice is issued, a copy will be faxed or mailed to your attorney.

CRITICALCivil cases

BCDHHS must notify all Respondent Parents of the Temporary Custody/Protective Orders Advisement Hearing.

All Respondent Parents will be notified of the Temporary Custody/Protective Orders Advisement Hearing by BCDHHS.

CRITICALCivil cases

The BCDHHS must serve the Written Review by Report and Motion to Approve Recommendations on the parties no later than the Review by Report date.

A Written Review by Report and Motion to Approve Recommendations will be prepared by the BCDHHS, filed with the Court, and served on the parties no later than the date of the Review by Report.

CRITICALCivil cases

Applies to

Form 9 disclosure statement

For a case set for trial, the parties must exchange Form 9 disclosure statements listing witnesses and exhibits at least 21 days before trial.

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

Telephone hearing copy

A copy of the telephone hearing must be provided to the respondent before the extreme risk protection order hearing.

A COPY OF THE TELEPHONE HEARING MUST BE PROVIDED TO THE RESPONDENT PRIOR TO THE HEARING FOR AN EXTREME RISK PROTECTION ORDER.

CRITICALCivil cases

The treating therapist or physician must arrange delivery or posting of the 24-Hour Notice at the Respondent patient's residence, and the facility must record when it was delivered or posted and by whom.

The treating therapist/physician shall prepare and authorize delivery and/or posting of the required 24-Hour Notice to the Respondent patient's residence. A record shall be kept by the mental health facility as to when such Notice is delivered and/or posted and who has delivered and/or posted such Notice.

CRITICALCivil cases

Before the next court day, the clerk must forward the hearing notice and petition to the law enforcement agency where the respondent resides for service.

BEFORE THE NEXT COURT DAY, THE COURT CLERK SHALL FORWARD A COPY OF THE NOTICE OF HEARING AND PETITION TO THE LAW ENFORCEMENT AGENCY IN THE JURISDICTION WHERE THE RESPONDENT RESIDES FOR SERVICE UPON THE RESPONDENT.

CRITICALCivil cases

The County Attorney's Office must serve the hearing notice and D&N petition on any non-appearing Respondent.

Notice of the hearing and a copy of the D&N petition is to be served on any non-appearing Respondent by the County Attorney's Office.

CRITICALCivil cases

Service

Personal service

The respondent must be personally served in the manner prescribed by the cited statutory provisions.

THE RESPONDENT MUST BE PERSONALLY SERVED IN THE SAME MANNER PRESCRIBED BY SECTION 13-14.5-105 (1)(b) AND (1)(c).

CRITICAL

Service

Email

When emailing a Division 13 complaint supporting a detainer to the judicial assistant, send copies to the district attorney and public defender.

In Division 13, complaints in support of detainers may be e-mailed to the judicial assistant, with copies to the district attorney and public defender.

CRITICALCivil cases

The applicable Tribe(s) and/or BIA must be served with the Petition for Adoption and Notice of Hearing, and proof of proper notice must be filed with the Court.

Proper ICWA inquires have been made and the applicable Tribe(s) and/or Bureau of Indian Affairs (BIA) is properly served with a copy of the Petition for Adoption and Notice of Hearing. Proof of proper notice shall be filed with the Court.

CRITICALCivil cases

Applies to

Transfer notice

A person under certification has a right to 24-hour notice before transfer unless an emergency exists, may protest a transfer to the court, and may have the transferring facility notify someone they choose.

(9) For persons who are under certification for care and treatment, to receive twenty-four (24) hour notice before being transferred to another designated or placement facility unless an emergency exists; the right to protest any transfer to the court; and the right to have the transferring facility notify someone chosen by the client about the transfer;

CRITICALCivil cases

The Petitioner must provide Respondents with notice of the Order.

Notice of this Order shall be provided by Petitioner to Respondents.

CRITICALCivil cases

Applies to

Writ or legal process for extraordinary collection action

Writs or legal processes for extraordinary collection actions must include proof that the required written notice was sent to the judgment debtor’s last known address 10 to 60 days before filing.

Writs or legal processes intended to effect an extraordinary collection action (such as an attachment, garnishment, levy, or execution to collect or enforce a judgment on a debt), shall be accompanied by proof of the written notice required by the statute sent to the judgment debtor at his/her last know address at least 10, but no more than 60, days prior to filing the writ or legal processes.

CRITICALCivil cases

The D&N petition must be served.

File and serve D&N petition

CRITICALCivil cases

After being notified, the petitioner must provide the agency with any additional information about the respondent's whereabouts to effect service.

THE PETITIONER SHALL THEN PROVIDE ANY ADDITIONAL INFORMATION REGARDING THE RESPONDENT'S WHEREABOUTS TO THE LAW ENFORCEMENT AGENCY TO EFFECT SERVICE.

CRITICALCriminal cases

Applies to

Specification of restitution

Service

Mail

The Specification of Restitution must be mailed to the defendant by prepaid first-class postage when the proposed order is filed.

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.

CRITICAL

The requesting media outlet must provide the request to the deputy district attorney, defense attorney, or public defender's office when it submits the request.

The requesting media outlet shall also provide a copy of the request to the deputy district attorney, defense attorney, or to the public defender's office at the same time.

CRITICALCivil cases

The court clerk must forward the order to the specified law enforcement agency for service on or before the next court day.

(3) THE COURT CLERK SHALL FORWARD A COPY OF THE EXTREME RISK PROTECTION ORDER ISSUED PURSUANT TO THIS ARTICLE 14.5 ON OR BEFORE THE NEXT COURT DAY TO THE LAW ENFORCEMENT AGENCY SPECIFIED IN THE ORDER FOR SERVICE.

CRITICALCivil cases

The written post-termination report must be served on the parties and counsel 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

Notice of the termination-hearing request and hearing date must be served on the petitioner under the applicable Colorado civil procedure rules.

NOTICE OF THE REQUEST AND DATE OF HEARING MUST BE SERVED ON THE PETITIONER IN ACCORDANCE WITH THE COLORADO RULES OF CIVIL PROCEDURE OR COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE.

CRITICAL

Counsel must transmit documents to self-represented parties or personally serve parties as required by the Colorado Rules of Civil and Criminal Procedure.

Counsel shall transmit documents to pro se parties or personally serve the parties as required by the Colorado Rules of Civil and Criminal Procedure.

CRITICALCivil cases

A law enforcement officer must serve the temporary order, hearing notice, petition, and resource-referral notice concurrently, using the manner prescribed for service of the hearing notice.

(7) A LAW ENFORCEMENT OFFICER SHALL SERVE A TEMPORARY EXTREME RISK PROTECTION ORDER CONCURRENTLY WITH THE NOTICE OF HEARING AND PETITION AND A NOTICE THAT INCLUDES REFERRALS TO APPROPRIATE RESOURCES, INCLUDING DOMESTIC VIOLENCE, BEHAVIORAL HEALTH, AND COUNSELING RESOURCES, IN THE SAME MANNER AS PROVIDED FOR IN SECTION 13-14.5-105 FOR SERVICE OF THE NOTICE OF HEARING WHERE THE RESPONDENT RESIDES.

CRITICAL

Applies to

Petition and affidavit

The Petition and Affidavit must be served on the individual and, if known to be represented, counsel, and the filing must include proof of service.

The filing must include a certificate of service indicating the individual and, if known to be represented, the individual's counsel has been served with the Petition and the Affidavit.

CRITICAL

Applies to

Petition and affidavit

The jail must give the assigned attorney, if there is one, a copy of the Petition and Affidavit.

directing that the jail give the assigned attorney, if there is one, a copy of the petition and affidavit;

CRITICAL

Service

Email

A copy of the form must be emailed to the District Administrator, District Attorney's Office, and Public Defender's Office or private defense counsel, and the email must be certified on the form.

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).

CRITICALCivil cases

The court must provide the petitioner with notice of the hearing date.

THE COURT SHALL PROVIDE NOTICE OF THE HEARING DATE TO THE PETITIONER.

CRITICALCivil cases

Returns of service under Article 14.5 must comply with the applicable court rules.

RETURNS OF SERVICE PURSUANT TO THIS ARTICLE 14.5 MUST BE MADE IN ACCORDANCE WITH THE APPLICABLE COURT RULES.

CRITICALCivil cases

Service

Personal service

An extreme risk protection order must be personally served on the respondent, subject to exceptions in the article.

(1) AN EXTREME RISK PROTECTION ORDER ISSUED PURSUANT TO SECTION 13-14.5-105 MUST BE SERVED PERSONALLY UPON THE RESPONDENT, EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE 14.5.

CRITICALCivil cases

A temporary extreme risk protection order must be served at the same time as the hearing notice and petition.

THE TEMPORARY EXTREME RISK PROTECTION ORDER MUST BE SERVED CONCURRENTLY WITH THE NOTICE OF HEARING AND PETITION.

CRITICALCivil cases

If the agency cannot complete service within five days, it must notify the petitioner.

IF THE LAW ENFORCEMENT AGENCY CANNOT COMPLETE SERVICE UPON THE RESPONDENT WITHIN FIVE DAYS, THE LAW ENFORCEMENT AGENCY SHALL NOTIFY THE PETITIONER.

CRITICALCivil cases

A petitioner who has not disclosed an address must designate an alternative address for service of motion notices.

IF THE PETITIONER HAS NOT DISCLOSED AN ADDRESS PURSUANT TO THIS SECTION, THE PETITIONER MUST DESIGNATE AN ALTERNATIVE ADDRESS AT WHICH THE RESPONDENT MAY SERVE NOTICE OF ANY MOTIONS.

CRITICALCivil cases

The Petitioner must provide Respondents with notice of the order.

Notice of this order shall be provided by the Petitioner to Respondents.

CRITICALCivil cases

Service

Personal service

The law enforcement agency in the respondent's jurisdiction of residence must personally serve the respondent.

(2) THE LAW ENFORCEMENT AGENCY IN THE JURISDICTION WHERE THE RESPONDENT RESIDES SHALL SERVE THE RESPONDENT PERSONALLY.

CRITICAL

Applies to

Request for expanded media coverage

Give a copy of the expanded media coverage request to counsel for each participating party.

Copies of the request shall be given to counsel for each party participating in the proceeding.

WARNINGCivil cases

Service of an order under Article 14.5 takes precedence over service of other documents, subject to an exception whose text is incomplete in this excerpt.

SERVICE OF AN ORDER ISSUED PURSUANT TO THIS ARTICLE 14.5 TAKES PRECEDENCE OVER THE SERVICE OF OTHER DOCUMENTS, UNLESS THE OTHER DOCUMENTS ARE OF A SIMILAR

WARNINGCivil cases

Service under this section takes priority over service of other documents unless those documents are similarly urgent.

SERVICE ISSUED PURSUANT TO THIS SECTION TAKES PRECEDENCE OVER THE SERVICE OF OTHER DOCUMENTS, UNLESS THE OTHER DOCUMENTS ARE OF A SIMILAR EMERGENCY NATURE.

WARNINGCivil cases

The petitioner must provide notice of the order to the respondents.

Notice of this order shall be provided by the petitioner to the respondents.

WARNING

The scheduling judge or staff must notify each attorney or unrepresented party of the hearing or trial details, sending a letter as soon as possible when an unrepresented party’s telephone number is unavailable.

The scheduling judge or staff shall notify each attorney or unrepresented party of the date, time and place for the hearing or trial. If telephone numbers are not available for some unrepresented parties, letters shall be sent as soon as possible.

WARNINGCivil cases

If the order states that the respondent appeared in person, further service and proof of service of the order are unnecessary.

IF AN EXTREME RISK PROTECTION ORDER ENTERED BY THE COURT STATES THAT THE RESPONDENT APPEARED IN PERSON BEFORE THE COURT, THE NECESSITY FOR FURTHER SERVICE IS WAIVED, AND PROOF OF SERVICE OF THAT ORDER IS NOT NECESSARY.

WARNINGCivil cases

The County Attorney's Office must send written notice of Review Hearings to all parties.

Written notice of Review Hearings will be sent by the County Attorney's Office to all parties.

INFOCriminal cases

Applies to

Release of lien

Service

Mail

When the Court releases the bond, it will mail a Release of Lien to the property owner.

***When the Bond is released by the Court, a Release of Lien will be mailed to the property owner.

INFO

Service

Mail to opposing party

The E-System will mail court rulings and notices to self-represented parties.

The E- System will mail Court rulings and notices to pro se parties.