Fourth Judicial District Court, Colorado Electronic Filing Rules

Applies to

Exhibits

All exhibits must be submitted electronically through the Colorado Courts E-filing System, subject to exceptions.

2018-03 Re: Electronic Submission of All Exhibits through the Colorado Courts E-filing System (CCE); Exceptions

Applies to

Exhibits

Exhibits generally must be submitted electronically through the Colorado Courts E-filing System, subject to exceptions that are not specified in the provided text.

2018-03 Re: Electronic Submission of All Exhibits through the Colorado Courts E-filing System (CCE); Exceptions

Applies to

Exhibits

Attorney-submitted exhibits must be uploaded to CCE in their original format, preferably grayscale, before or within 21 days after a hearing or trial.

All exhibits submitted by attorneys must be uploaded to the Colorado Court E-filing system (CCE) and made a part of the court record in their original format (grayscale preferred), either before or within 21 days of the conclusion of any hearing or trial.

Applies to

Exhibits

Court staff must scan and upload pro se party exhibits into jPOD.

Exhibits submitted by pro se parties shall be scanned and uploaded into the Judicial Paper on Demand (jPOD) system by court staff.

Applies to

Exhibits

When a pro se party files exhibits with the Clerk's Office before a hearing or trial, the Clerk's Office must upload them.

If the pro se party's exhibits are filed with the Clerk's Office prior to a hearing or trial, the Clerk's Office shall upload the exhibits.

Applies to

Witness subpoena and return of service

Witness subpoenas and returns of service may not be filed with the Clerk's Office and must be kept in the parties' files for presentation in court if needed.

neither witness subpoenas nor their returns of service will be accepted for filing by the Clerk's Office. Parties shall keep all original witness subpoenas and returns of service in their files for presentation in court, should it be necessary for the court to take any action in connection with such subpoenas.

Applies to

Motion requesting witness subpoena

A pro se party seeking witness subpoenas in a criminal case must file a motion requesting issuance with the Clerk's Office.

A pro se party requesting the issuance of witness subpoenas in a criminal case shall file a motion requesting such issuance in the Clerk's Office.

Applies to

Witness subpoena

A pro se party seeking witness subpoenas in a non-criminal case must submit the proposed subpoenas to the Clerk's Office for issuance.

Pro se parties requesting the issuance of witness subpoenas in a non-criminal case shall submit their proposed witness subpoenas to the Clerk's Office for issuance.

Applies to

Subpoena duces tecum and return of service

Attorneys issuing criminal subpoenas duces tecum must first obtain a return date from the assigned division and then upload copies of the subpoena and any return of service through CCE.

Attorneys issuing subpoenas duces tecum in criminal cases shall obtain a return date from the division the case is assigned to and then upload to the Colorado Courts E-filing system (CCE) a copy of the subpoena duces tecum and any return of service.

Applies to

Subpoena duces tecum and return of service

In non-criminal cases, attorneys generally may not file subpoenas duces tecum or returns of service, but may do so when the subpoena is attached as an exhibit to a motion to quash; originals must otherwise be retained in the attorney's files.

For attorney-issued subpoenas duces tecum in non- criminal cases, neither subpoenas duces tecum nor returns of service will be accepted for filing by the Clerk's Office, except when attached as an exhibit to a motion to quash a subpoena duces tecum. Attorneys in non-criminal cases shall keep all original subpoenas duces tecum and returns of service in their files for presentation in court, should it be necessary for the court to take any action in connection with such subpoenas duces tecum.

Applies to

Subpoena duces tecum and return of service

A pro se party seeking a criminal subpoena duces tecum must first file a Criminal Rule 17(b) motion, obtain a return date after the motion is granted, and then file a copy of the subpoena and any return of service with the Clerk's Office.

Pro Se parties requesting a subpoena duces tecum in a criminal case shall first file the appropriate motion under Criminal Rule 17(b) in the Clerk's Office. If the motion is granted by the Court, the pro se party shall obtain a return date from the division the case is assigned to prior to the Clerk's Office issuing the subpoena duces tecum. A copy of every pro se subpoena duces tecum in a criminal case and any return of service shall be filed in the Clerk's Office.

Applies to

Subpoena duces tecum and return of service

A pro se party seeking a non-criminal subpoena duces tecum must make the request in the Clerk's Office and retain a copy of the subpoena and any return of service for presentation in court if needed.

Pro se parties requesting a subpoena duces tecum in a non- criminal case shall make such request in the Clerk's Office. A copy of every pro se subpoena duces tecum and any return of service shall be retained for presentation in court, should it be necessary for the court to take any action in connection with such subpoenas duces tecum.

Applies to

Exhibits

When pro se exhibits are first introduced at a hearing or trial, the Division Court Judicial Assistant must upload them.

If the pro se party's exhibits are introduced for the first time at the hearing or trial, the Division Court Judicial Assistant shall upload them.

Applies to

Exhibits

A party must split an oversized documentary exhibit into electronic files in accordance with Chief Justice Directive 11-01.

A party intending to submit any documentary exhibit that exceeds the megabyte file size limit of CCE shall separate the exhibit into electronic files as provided in Chief Justice Directive 11-01.

Applies to

Exhibits

If an oversized documentary exhibit cannot be separated, the party must place it on a CD or DVD for filing, using that option only as a last resort.

If the document cannot be separated, then the party shall place it on a CD or DVD for filing with the Court pursuant to paragraph Il(A) of this CJO. This option should be a last resort.

Applies to

Exhibits

Audio and video exhibits cannot be submitted through CCE and must be placed on a CD or DVD and filed with the assigned Judicial Assistant or Clerk before the hearing or trial or within 21 days afterward.

Audio or video exhibits cannot be submitted through CCE at this time. Such exhibits shall be placed on a CD or DVD and submitted to the Court by filing with either the assigned Division Court Judicial Assistant or the Clerk of Court's Office prior to the hearing or trial or within 21 days after the hearing or trial.

Applies to

Exhibits

A digital photograph of a large physical or nondocumentary exhibit must be electronically filed before or within 21 days after the hearing or trial.

Such electronic filing shall occur prior to or within 21 days after the hearing or trial.

Applies to

Exhibits

In criminal, traffic, and juvenile delinquency cases, the receiving party must photograph returned physical evidence and submit digital copies through CCE within 21 days, or to the Clerk's Office for a pro se party.

The party receiving physical evidence at the conclusion of any hearing or trial in such a case shall photograph the returned exhibits, and digital copies of the photographs shall be submitted to the court through CCE within 21 days of the conclusion of the hearing or trial or, in the case of a pro se party, shall be submitted to the Clerk's Office in order to preserve the record as to the released exhibits.

Applies to

Exhibits

In a non-criminal case, the introducing party must photograph returned exhibits and submit digital copies through CCE, or to the Clerk's Office for a pro se party, within 21 days.

The party shall photograph the returned exhibits, and digital copies of the photographs shall be submitted to the court through CCE (or, for pro se parties, to the Clerk of Court) within 21 days of the conclusion of the hearing or trial in order to preserve the record as to the released exhibits.

Applies to

Sexually exploitative material evidence

Sexually exploitative material submitted during a hearing or trial must not be electronically uploaded into the case file.

C. Sexually Exploitative Material Evidence. Evidence submitted during a hearing or trial that meets the definition of "sexually exploitative material," C.R.S. §18-6—403(2)(j), shall not be electronically uploaded into the file by any party, attorney for a party, or court personnel.

Applies to

Sexually exploitative material evidence

Sexually exploitative evidentiary items must be excluded from the appellate record regardless of an attorney’s or party’s designation of the exhibits for inclusion.

Evidentiary items that are subject to the provisions of this Paragraph C shall not be submitted to the appellate court as part of the record on appeal, irrespective of any designation of record submitted by an attorney or party requesting that all exhibits offered or received into evidence be certified by the trial court as part of the appellate record.

Applies to

Deposition

Depositions submitted under Colorado Criminal Procedure Rule 15 must be uploaded into CCE whenever possible.

Depositions submitted to the Court pursuant to C.R.Crim.P. 15 shall be uploaded into CCE when possible.

Applies to

Deposition

If a deposition cannot be uploaded into CCE, a CD or DVD containing the deposition must be submitted to the court.

If the deposition cannot be uploaded into CCE, a CD or DVD of the deposition shall be submitted to the Court.

Applies to

Cover page

The cover page for retained in camera records must be scanned and uploaded into the case’s electronic file.

The cover page shall be scanned and uploaded into the electronic file for the case.

Applies to

Conservators report

Professional conservators participating in the CCOCR Pilot Project must use CCOCR to complete and submit Conservator’s Reports and Amended Conservator’s Reports due on or after June 1, 2022.

IT IS THEREFORE ORDERED that professional conservators who are participating in the CCOCR Pilot Project and who will be filing Conservator’s Reports (JDF 885) due on or after June 1, 2022 must use CCOCR for completing and submitting their Conservator’s Report for filing with the court, including Amended Conservator’s Reports. The Clerk of Court or designee shall accept for filing such Conservator’s Reports.

Conservators and the Clerk of Court or designee must comply with the CCOCR Best Business Practice and the statewide electronic-filing standards in CJD 11-01.

IT IS FUTHER ORDERED that the Conservators and the Clerk of Court or designee shall comply with the established standards set forth in the above-mentioned CCOCR Best Business Practice and CJD 11-01.

Applies to

Transcript

Court reporters must upload newly completed and certified transcripts to the designated SharePoint folder.

Effective immediately, all court reporters shall upload any newly completed and certified transcripts to SharePoint (into the designated transcript folder) within 30 days of completion and certification.

Applies to

Fingerprint identification card

A fingerprint identification card may never be filed electronically in any case.

At no time may a fingerprint identification card be electronically filed in any case.

Applies to

Exhibits

Attorneys must upload documentary exhibits to CCE in their original format, preferably in grayscale, before or within 21 days after a hearing or trial.

All exhibits submitted by attorneys must be uploaded to the Colorado Court E-filing system (CCE) and made a part of the court record in their original format (grayscale preferred), either before or within 21 days of the conclusion of any hearing or trial.

Applies to

Exhibits

Court staff must scan and upload pro se party exhibits into the jPOD system.

Exhibits submitted by pro se parties shall be scanned and uploaded into the Judicial Paper on Demand (jPOD) system by court staff.

Applies to

Exhibits

The Clerk’s Office uploads pro se exhibits filed before a hearing or trial, while the Division Judicial Clerk uploads exhibits first introduced at the hearing or trial.

If the pro se party’s exhibits are filed with the Clerk’s Office prior to a hearing or trial, the Clerk’s Office shall upload the exhibits. If the pro se party’s exhibits are introduced for the first time at the hearing or trial, the Division Judicial Clerk shall upload them.

Applies to

Exhibits

A documentary exhibit exceeding CCE’s file-size limit must be separated into electronic files as directed by Chief Justice Directive 11-01.

A party intending to submit any documentary exhibit that exceeds the megabyte file size limit of CCE shall separate the exhibit into electronic files as provided in Chief Justice Directive 11-01.

Applies to

Exhibits

If an oversized documentary exhibit cannot be separated, it must be submitted on a marked CD or DVD as a last resort.

If the document cannot be separated, then the party shall place it on a CD or DVD for filing with the Court pursuant to paragraph II(A) of this CJO. This option should be a last resort. All CDs and DVDs shall be marked by the party with the case number and exhibit number directly on the CD and DVD.

Applies to

Audio or video exhibits

Audio and video exhibits cannot be submitted through CCE and must be filed on a CD or DVD with the assigned Division Judicial Clerk or Clerk of Court’s Office before the hearing or trial or within 21 days afterward.

Audio or video exhibits cannot be submitted through CCE at this time. Such exhibits shall be placed on a CD or DVD and submitted to the Court by filing with either the assigned Division Judicial Clerk or the Clerk of Court’s Office prior to the hearing or trial or within 21 days after the hearing or trial.

Applies to

Exhibits

A party must electronically file a digital photograph of any large or non-documentary exhibit, document, or demonstrative aid that cannot be submitted through CCE.

If a party intends to submit an exhibit or document or use a demonstrative aid during a hearing or trial that cannot be submitted through CCE because of its physical size or because it is non- documentary in nature, a digital photograph of the exhibit or document shall be electronically filed by the party in order to make it part of the record.

Applies to

Exhibits

The receiving party must photograph returned exhibits and submit digital copies through CCE within 21 days, or submit them to the Clerk’s Office for a pro se party.

The party receiving such evidence (i.e. the People, defense counsel, or pro se defendant) shall photograph the returned exhibits, and digital copies of the photographs shall be submitted to the court through CCE within 21 days of the conclusion of the hearing or trial or, in the case of a pro se party, shall be submitted to the Clerk’s Office in order to preserve the record as to the released exhibits.

Applies to

Digital photographs of returned exhibits

The introducing party must submit digital photographs of returned exhibits through CCE, or to the Clerk of Court for pro se parties, within 21 days after the hearing or trial concludes.

The party shall photograph the returned exhibits, and digital copies of the photographs shall be submitted to the court through CCE (or, for pro se parties, to the Clerk of Court) within 21 days of the conclusion of the hearing or trial in order to preserve the record as to the released exhibits.

Applies to

Sexually exploitative material evidence

Sexually exploitative material must not be electronically uploaded into the court file by any party, attorney, or court personnel.

Evidence submitted during a hearing or trial that meets the definition of “sexually exploitative material,” C.R.S. §18-6-403(2)(j), shall not be electronically uploaded into the file by any party, attorney for a party, or court personnel.

Applies to

Sexually exploitative material evidence

Evidentiary items covered by the sexually exploitative material rule may not be submitted as part of the appellate record unless specifically ordered by the appellate court.

Evidentiary items that are subject to the provisions of this Paragraph C shall not be submitted to the appellate court as part of the record on appeal, irrespective of any designation of record submitted by an attorney or party requesting that all exhibits offered or received into evidence be certified by the trial court as part of the appellate record.

Applies to

Deposition

Depositions must be uploaded into CCE when possible; if electronic upload is impossible, a CD or DVD must be submitted instead.

Depositions submitted to the Court pursuant to C.R.Crim.P. 15 shall be uploaded into CCE when possible. If the deposition cannot be uploaded into CCE, a CD or DVD of the deposition shall be submitted to the Court.

Applies to

In camera records cover page

The cover page for court-retained in camera evidence must be scanned and uploaded into the case’s electronic file.

The cover page shall be scanned and uploaded into the electronic file for the case.

Applies to

Sexually exploitative material evidence

If the appellate court specifically orders inclusion, law enforcement must transmit the sexually exploitative evidence as part of the appellate record.

If the appellate court specifically orders the sexually exploitative materials to be transmitted as part of the record on appeal, the evidence will then be transmitted to the appellate court by law enforcement.

Applies to

Sexually exploitative material evidence

If the appellate court specifically orders transmission, law enforcement will transmit the sexually exploitative material as part of the appellate record.

If the appellate court specifically orders the sexually exploitative materials to be transmitted as part of the record on appeal, the evidence will then be transmitted to the appellate court by law enforcement.