Larimer County District Court

The court must file its rulings, opinions, orders, and other written communications electronically and serve them through the E-System.

All judicial rulings, opinions, orders and other written communications from the court shall be filed electronically and served on counsel and pro se parties through the E-System.

Page 1 | IN RE MANDATORY E-FILING IN SMALL CLAIMS CASES

Attorneys must electronically file new cases and documents through the Colorado Judicial Department’s E-System, including new documents in cases filed before the commencement date beginning January 1, 2017.

All new cases, pleadings, exhibits, and all other documents filed by an attorney shall be filed electronically through the Colorado Judicial Department’s E-System. All new documents filed in cases filed prior to the commencement date shall be filed electronically as of January 1, 2017.

Page 1 | IN RE MANDATORY E-FILING IN SMALL CLAIMS CASES

Self-represented parties must continue to file documents on paper, which the Clerk will scan and upload to the E-System.

Parties who are not represented by an attorney shall continue to file documents in paper format. The Clerk will scan and upload these documents to the E-System.

Page 1 | IN RE MANDATORY E-FILING IN SMALL CLAIMS CASES

File the originals of all completed paperwork with the Clerk of Court’s office.

You will file originals of all completed paperwork with the Clerk of Court’s office...

Page 10 | ONCE THE PAPERWORK IS COMPLETE

Documents offered as evidence in a criminal case must be electronically filed by the offering party in compliance with C.J.D. 11-01.

Documents which are offered as evidence in a criminal case shall be electronically filed by the offering party in compliance with C.J.D. 11-01.

Criminal cases

Page 1 | ADMINISTRATIVE ORDER CONCERNING EVIDENCE RETENTION IN CRIMINAL CASES

Self-represented parties may file paper documents, which court staff will scan and upload to the E-Filing system.

Parties not represented by counsel may file documents in paper format. Court staff shall scan and upload documents into the E-Filing system.

Page 1 | Parties not represented by counsel

After an attorney receives notice that future documents must be e-filed, the attorney must e-file future documents; paper documents scanned and uploaded after notice incur a $50 fee per document.

After notice to an attorney that all future documents are to be e-filed, the Court will charge a fee of $50.00 per document for the service of scanning and uploading a document filed in paper form, pursuant to Rue 49.5.

Page 1 | Re Criminal E-Filing

The Court must electronically file its judicial rulings, opinions, orders, and other written communications.

All judicial rulings, opinions, orders and other written communications from the Court shall be electronically filed.

Page 1 | Re Criminal E-Filing

New District and County Court criminal cases in the listed categories, and documents filed after January 20, 2015 in cases filed earlier, must be electronically filed using the State’s E-Filing system.

Effective January 20, 2015, all new District and County Court criminal cases shall be subject to mandatory electronic filing using the State’s E-Filing system. This includes the following case types: CR, M, T, and JD. In cases filed prior to January 20, 2015, all documents filed after that date, shall be filed electronically.

Page 1 | Re Criminal E-Filing

Proposed exhibits must be e-filed to the court’s file.

Evidentiary Hearings. All proposed exhibits must be e-filed to the court’s file before any evidentiary hearing pursuant to Chief Justice Directive 11-01.

Page 4 | Evidentiary Hearings

Unrepresented parties must file documents on paper unless otherwise authorized, and the Clerk of Court will scan and upload them.

Parties who are not represented by an attorney shall continue to file documents in paper format, except as otherwise authorized, and the Clerk of Court shall scan and upload those documents.

Page 1 | ADMINISTRATIVE ORDER 2019-16

If a promissory note or other original document is required by law to be filed, that original document shall be scanned and submitted electronically with the e-filed motion for judgment.

If a promissory note or other original document is required by law to be filed, that original document shall be scanned and submitted electronically with the e-filed motion for judgment.

Page 1 | ADMINISTRATIVE ORDER 2019-16

Attorneys appearing in any capacity must file all documents electronically.

All documents filed by an attorney appearing in any capacity, including CF1 or GAL, shall be filed electronically.

Page 1 | ADMINISTRATIVE ORDER 2019-16

Original negotiable instruments must be paper filed with the court before any motion for default or judgment is filed.

Originals of negotiable instruments shall be paper filed with the court prior to filing any motion for default or judgment.

Page 2 | ADMINISTRATIVE ORDER 2019-16

The Clerk may accept paper filings from attorneys whose primary practice area is outside the 8th Judicial District.

The Clerk of the Court may accept paper filings from attorneys whose primary area of practice is outside the 8th Judicial District.

Page 1 | Re Criminal E-Filing

A self-represented person may file an Answer at either listed court location or electronically through the court’s E-filing system, using the non-attorney instructions.

You may file your Answer ON OR BEFORE the return date at one of two court locations: o Larimer County Justice Center: 201 Laporte Avenue, Suite 100, Fort Collins, CO 80521 o Loveland County Court: 810 E 10th Street, Suite 110, Loveland, CO 80537 • You may also file your Answer electronically through the Court’s E-filing system. • To access the system, please visit the Colorado Judicial Branch website at www.coloradojudicial.gov o Click on the Public Access drop-down and select E-Filing for Non-Attorneys link. o Review the information on this page in its entirety to answer many of your questions about efiling. o Please watch the short videos provided before you begin which can save you time. o After you have watched the short videos, create an account by following the instructions on the website. o Follow all the instructions provided to file your completed answer form.

Page 1 | RETURN DATE ON SUMMONS

The fee-waiver motion must be filed with the initial paperwork.

This motion must be filed at the same time you file your initial paperwork...

Page 9 | Filing Fees

At least one party must meet the 91-day Colorado residency requirement before filing the petition.

Either party must reside in Colorado for at least 91 days prior to filing the Petition...

Page 10 | General Info for Dissolution - Requirements

The court cannot enter a decree until a mandatory 91-day waiting period has passed, beginning at filing for co-petitioners or at service when one spouse files and serves the other.

There is a mandatory 91-day waiting period before the Court can enter the decree... If you and your spouse file as Co-Petitioners, the 91-day waiting period begins on the date the papers were filed with the Court. However, if one party files as Petitioner and serves the other spouse, the 91-day waiting period begins on the date the Petition is served. Your divorce will take at least 91 days, and may take longer, depending on the circumstances in your case...

Page 10 | General Info for Dissolution - Requirements

A nonparent with the required physical care may commence the action within six months after that care ends.

A Petition may be filed by a person other than a parent who has the physical care of the children for a period of six months or more if such action is commenced within six months of the termination of such physical care...

Page 11 | General Info for Custody - Requirements

A Response is due 21 days after service.

Your Response is due 21 days after date of service.

Page 12 | What to do if you have been served with papers for Dissolution or Custody

If served outside Colorado, a Response must be filed within 35 days.

If you are served outside the State of Colorado, you have 35 days to file the Response...

Page 12 | What to do if you have been served with papers for Dissolution or Custody

Do not file the Property and Financial Agreement or Parenting Plan before or on the ISC date unless both parties have signed it.

Do not file your Property and Financial Agreement or Parenting Plan before or on the date of the ISC unless it is signed by both parties.

Page 14 | ISC continued

If there is no agreement, do not file the Property and Financial Agreement or Parenting Plan before the ISC.

If there is no agreement do not file your Property and Financial Agreement or Parenting Plan before the ISC...

Page 14 | ISC continued

The applicable new-date document must be filed at least 48 hours before the scheduled 1A arraignment for that arraignment date to be vacated.

The 1 A arraignment date will not be vacated unless a signed bond acknowledgement (for defendants on bond) or notice (for defendants on summons) for a new date in the division is filed a minimum of 48 hours prior to the scheduled 1A arraignment;

Criminal cases

Page 1 | ADMINISTRATIVE ORDER CONCERNING COUNTY COURT CASE ASSIGNMENTS FOR MISDEMEANOR, PETTY OFFENSE AND TRAFFIC CRIMINAL CASES

Unless the court grants a stay of execution, fees, fines, restitution, and court costs are due by close of business on the day they are assessed.

Unless the court grants a stay of execution, all fees, fines, restitution and court costs shall be due by close of business on the day that they are assessed.

Page 1 | Administrative Order 2019-14

An entry filed less than 48 hours before the appearance is accepted but does not excuse the defendant from appearing for the 1:30 advisement; failure to appear results in a warrant, and no exceptions are permitted.

Any attorney entry filed less than 48 hours prior to the appearance date will be accepted, but the defendant must still appear for the 1 :30 advisement. A warrant will issue if the defendant does not appear as scheduled. To insure consistent application of these procedures, no exceptions to these procedures will be permitted.

Criminal cases · Court notice

Page 1 | NOTICE

To waive the 1:30 advisement appearance, an attorney must file a written entry of appearance at least two business days beforehand, by 1:30 P.M.

If an attorney files a written entry of appearance no later than 48 hours prior to the 1:30 advisement date that the defendant received at the jail, then the 1:30 advisement appearance for the defendant will be waived. Upon receipt of a timely entry, the clerk will vacate the 1:30 advisement appearance in 1A and transfer the file to the assigned county court division. As used herein “48 hours” means two business days prior to the advisement date before 1:30 P.M. (For example if the defendant is to appear in the 1A court at 1 :30 on Tuesday, the attorney’s written entry of appearance must be filed by 1 :3 0 P.M. on the preceding Friday.)

Criminal cases · Court notice

Page 1 | NOTICE

An entry filed no later than 48 hours before the appearance waives the 1:30 advisement and waives arraignment only when arraignment was scheduled in Division 1A.

An entry filed no later than 48 hours waives the 1:30 advisement date in all cases and waives the arraignment date IF, AND ONLY IF, the arraignment date was scheduled for Division 1 A. If the arraignment date was scheduled in the assigned county court division, then this arraignment date is NOT waived and remains in place despite the entry.

Criminal cases · Court notice

Page 1 | NOTICE

The required discovery-dispute materials must be filed at least seven days before the hearing unless the circumstances do not permit it.

The parties must file the required materials at least seven days before the hearing, unless the circumstances don’t permit it (e.g., a party moving for a protective order to stay a deposition or having to respond to any other form of discovery).

Page 1 | A. Discovery Dispute Procedures

A motion in limine is discouraged when resolving it requires trial evidence, and any such motion must be filed no later than 35 days before trial.

Motions in limine are discouraged if the Court needs to hear evidence at trial to resolve them. If a party files a motion in limine, it is due no later than 35 days before the trial. Colo. R. Civ. P. 16(c).

Page 3 | a. Motions in Limine

Rule 702 motions must be filed at least 70 days before trial.

Rule 702 Motions must be filed no later than 70 days before the trial.

Page 8 | Procedures for Rule 702/Shreck Motions

A written Answer must be filed by the end of the business day on the return date listed in the summons.

If you feel you have a legal defense of the allegations in the Complaint, you must file a written Answer form with the Court by the end of the business day on the return date listed in your Summons.

Page 1 | RETURN DATE ON SUMMONS

File the notice to change participation at least 48 hours before the court event or the court may not approve the change.

If you wish to change this selection at some point, you must file a Notice About Remote Participation (JDF105) with the court at least 48 hours before your court event, or the Court may not approve the change.

Page 2 | REMOTE APPEARANCE – COURT HEARINGS

Plea paperwork must be filed before the disposition.

Plea paperwork shall be filed prior to the disposition.

Page 2 | WEBEX HEARINGS

Proposed exhibits must be e-filed before any evidentiary hearing.

Evidentiary Hearings. All proposed exhibits must be e-filed to the court’s file before any evidentiary hearing pursuant to Chief Justice Directive 11-01.

Page 4 | Evidentiary Hearings

After a temporary extreme risk protection order is issued, the court must schedule a hearing within fourteen days to determine whether to issue a 364-day order.

Upon entry of a temporary extreme risk protection order, the court must schedule a hearing within fourteen days from the date the temporary order was issued to determine whether grounds exist to issue a 364 day extreme risk protection order.

Civil cases

Page 1 | Administrative Order 2019-18

A hearing on a petition for a temporary extreme risk protection order must occur on the filing day or the following day.

A petition for a temporary extreme risk protection order must be heard on the day the petition is filed or the day following the day the petition was filed.

Civil cases

Page 1 | Administrative Order 2019-18

An emergency motion in an existing dependency and neglect case must be filed with the clerk by 10:00 a.m. on the requested hearing day.

Motions requesting an emergency hearing filed in an existing dependency and neglect case ( Article 3 of Children's Code C.R.S. § 19-3-101 et. seq.) must be filed in the clerk's office by 10:00 a.m. on the day that the case is requested to be set for an emergency hearing.

Civil cases

Page 1 | Motions Requesting Emergency Hearings in Existing Cases

The required notice must be filed at the same time as the emergency motion.

At the time of filing the emergency motion, a notice must be filed with the court signed by counsel or another representative of the county confinning that the notice requirements set forth in paragraph (2) have been met.

Civil cases

Page 2 | Motions Requesting Emergency Hearings in Existing Cases

The notice must be filed along with the new case filing.

Along with the filing of the case a notice must be filed with the court signed by counsel or another representative of the county confirming that the notice requirements set forth in Paragraph (2) have been met.

Civil cases

Page 2 | Motions Requesting Emergency Hearings in New Case Filings

A new dependency and neglect case requesting a same-day emergency hearing must be filed with the clerk by 10:00 a.m.

All new dependency and neglect case filings, under Article 3 of the Children's Code. C.R.S. § 19-3-101 et. seq., must be filed in the clerk's office by 10:00 a.m. if an emergency hearing is requested to be heard that day.

Civil cases

Page 2 | Motions Requesting Emergency Hearings in New Case Filings

New case filings pursuant to a Police Hold must be filed in the Clerk's office by 10:00 a.m.

All new case filings pursuant to a Police Hold must be filed in the Clerk's office by 10:00 a.m.

Civil cases

Page 3 | Police Holds Pursuant to C.R.S. §§ 19-3-401 and 19-3-403

The filer states that a copy of the position statement has been provided to the other party.

I have provided a copy of this position statement to the other party.

Page 1 | Position Statement

The certificate of service records service on the other party by hand delivery, fax, or prepaid U.S. mail addressed to the recipient.

I certify that on _____________(date) a true and accurate copy of the _____________________________ was served on the other party by: Hand Delivery, Faxed to this number_____________, or by placing it in the United States mail, postage pre-paid, and addressed to the following (include name and address):

Page 1 | Certificate of Service

The court must serve its rulings, opinions, orders, and other written communications on counsel and self-represented parties through the E-System.

All judicial rulings, opinions, orders and other written communications from the court shall be filed electronically and served on counsel and pro se parties through the E-System.

Page 1 | IN RE MANDATORY E-FILING IN SMALL CLAIMS CASES

If Child Support Enforcement is involved in the case, provide the agency with a copy.

If Child Support Enforcement is involved in the case, you are also required to provide the agency with a copy.

Page 24 | Section 23 - Certificate of Service

If only one party has completed and signed the document, that party must send the entire document to the other party.

If only one party has completed and signed the document, they are required to send a copy of the entire document to the other party.

Page 24 | Section 23 - Certificate of Service

Any other parties involved in the case must receive a copy, regardless of their involvement with the agreement.

If any other parties are involved in the case (such as an Intervenor), you are required to provide them with a copy as well, regardless of the party’s involvement with the agreement...

Page 24 | Section 23 - Certificate of Service

If filing alone without a Co-Petitioner, you must serve the paperwork on the Respondent.

If you are filing alone (with no Co-Petitioner), you must have the paperwork served on the other party (also known as the Respondent)...

Page 7 | Summons and Return of Service

After personal service, the process server must complete the Return of Service, give it to you, and you must file it with the Court.

The process server will fill out the Return of Service, give it to you and you will have to file it with the Court...

Page 7 | Summons and Return of Service

Service occurs after you file your forms with the court and pay the filing fee.

This happens after you file your forms with the court and pay the filing fee..

Page 7 | Summons and Return of Service

For personal service, select the Sheriff’s Department, a private process server, or a person you know who is over 18, uninvolved in the case, and knows the service rules.

Personal Service—select the Sheriff’s Dept., a private process server or someone you know over the age of 18 who is not involved in the case and who knows the rules of service to serve the Respondent.

Page 7 | Summons and Return of Service

Waiver and Acceptance of Service may be used when the spouse is willing to accept the papers and sign the waiver.

Waiver and Acceptance of Service—This is the easiest form of service; however, your spouse must be willing to accept the papers and sign the waiver...

Page 7 | Summons and Return of Service

A response must be filed with the court and a copy provided to the other party.

You need to file a Response to the Petition with the court and provide the other party with a copy.

Page 12 | What to do if you have been served with papers for Dissolution or Custody

The parties must exchange the Mandatory Disclosures and Sworn Financial Statement by the ISC and no later than 42 days after service of the Petition.

Pursuant to Rule 16.2(e)(2) the required Mandatory Disclosures and Sworn Financial Statement are to be exchanged between the parties by the time of the ISC but no later than 42 days after service of the Petition...

Page 13 | Initial Status Conference (ISC)

A Motion for Temporary Orders may be filed only after the Respondent has been served and proof of service has been filed with the court.

A Motion for Temporary Orders may only be filed after the Respondent has been served and proof of service filed with the court...

Page 16 | Motion for Temporary Orders and Notice to Set

If you do not have an agreement, you may still submit the Property and Financial Agreement and/or the Parenting Plan but you would check the box that says “no agreement” then sign and file the document with the Court with a copy sent to the other party...

If you do not have an agreement, you may still submit the Property and Financial Agreement and/or the Parenting Plan but you would check the box that says “no agreement” then sign and file the document with the Court with a copy sent to the other party...

Page 18 | Property and Financial Agreement and Parenting Plan

You do not need to serve a copy of a form on the other party when they are in default.

If the other party is in default when you are filing any of your forms you do not need to send them a copy.

Page 19 | Default Judgment

You do not need to serve a copy on the other party when they are in default.

However, if the other party is in default, that is the only time when you do not need to send them a copy...

Page 20 | Certificate of Service

Copies must be sent to all agencies listed in Step 3, and the certificate must state the date and method of providing them.

Certificate of Mailing - Indicate the date that you are sending copies to all agencies listed in Step 3, as well as how you are providing the copies...

Page 6 | MOTION TO SEAL - STEP 4

Make a copy of the motion and deliver it to the Larimer County District Attorney’s office; hand delivery is suggested as an easy option.

You will make a copy of the motion and deliver it to the Larimer County District Attorney’s office (hand delivery to their office located on the 2nd floor of the Justice Center may be easiest)...

Page 10 | ONCE THE PAPERWORK IS COMPLETE

After receiving them by mail, personally serve the signed order, issued citation, and filed contempt motion on the other party.

Once you receive the signed order and issued citation in the mail, those documents along with a copy of the contempt motion you filed must be personally served on the other party…

Page 12 | Step 11 - Personal Service

File proof of service with the Court before the court date listed in the citation.

Proof of service of the documents must be filed with the Court prior to the court date in the citation…

Page 12 | Step 11 - Personal Service

Copies of the HIV test results must be delivered to counsel.

Copies shall be delivered to counsel.

Criminal cases

Page 2 | ADMINISTRATIVE ORDER CONCERNING EVIDENCE RETENTION IN CRIMINAL CASES

Documents must be electronically filed and served in accordance with Colorado Rule of Criminal Procedure 49.5 and Chief Justice Directive 11-01, including later amendments.

Documents shall be electronically filed and served in accordance with Colorado Rules of Criminal Procedure 49.5 (a copy of which is attached) and Chief Justice Directive 11-01 as currently in effect, and as subsequently amended.

Page 1 | Re Criminal E-Filing

For no agreement, send a copy to the other party.

send copy to other party

Page 3 | Agreement Type

The emergency motion and all accompanying documentation must be served on all counsel of record before the motion is filed.

The emergency motion, and all accompanying documentation, must be served on all counsel of record prior to filing the motion.

Civil cases

Page 2 | Motions Requesting Emergency Hearings in Existing Cases

The caseworker's letter or report filed with the case must be emailed to respondent parent counsel and the guardian ad litem.

A copy of the caseworker's letter, or report, which is filed with the case must be e-mailed to the respondent parent counsel and the guardian ad litem.

Civil cases

Page 2 | Motions Requesting Emergency Hearings in New Case Filings

A copy of the caseworker's letter or initiating police report filed with the case must be emailed to respondent parent counsel and the guardian ad litem.

A copy of the caseworker's letter or police report initiating the police hold which is filed with the case must be e-mailed to the respondent parent counsel and the guardian ad litem.

Civil cases

Page 4 | Police Holds Pursuant to C.R.S. §§ 19-3-401 and 19-3-403

The filing fee must be paid before service occurs.

This happens after you file your forms with the court and pay the filing fee..

Page 7 | Summons and Return of Service

A person unable to pay may request a fee waiver by motion, and the court may grant it if the person meets income guidelines.

** If you are unable to pay the filing fee you can request to waive the filing fee. You would file a motion with the Court and if you qualify under the income guidelines, the Court may grant you a waiver of the fees.

Page 9 | Filing Fees

The listed filing fee for a petition for allocation of parental responsibilities is $252.

Petition for Allocation of Parental Responsibilities... $252...

Page 9 | Filing Fees

The listed filing fee for a dissolution of marriage or civil union/legal separation is $260.

Dissolution of Marriage or Civil Union / Legal Separation... $260...

Page 9 | Filing Fees

The filing fee must be paid when the paperwork is filed with the court.

The filing fee must be paid at the time that you file your paperwork with the court...

Page 9 | Filing Fees

A $146 filing fee must be paid when filing a Response.

You must pay the filing fee of $146 when you file your Response.

Page 12 | What to do if you have been served with papers for Dissolution or Custody

The filing fee is $65.00.

FILING FEE IS $65.00...

Page 11 | FILING FEE

If unable to pay the filing fee, you must complete a motion to file without payment and a supporting financial affidavit.

IF YOU ARE UNABLE TO PAY THE FILING FEE, YOU MUST COMPLETE THE MOTION TO FILE WITHOUT PAYMENT AND SUPPORTING FINANCIAL AFFIDAVIT...

Page 11 | FILING FEE

After notice that future documents must be e-filed, a paper document scanned and uploaded for an attorney is subject to a $50 fee per document.

After notice to an attorney that all future documents are to be e-filed, the Court will charge a fee of $50.00 per document for the service of scanning and uploading a document filed in paper form, pursuant to Rue 49.5.

Page 1 | Re Criminal E-Filing

Pro se litigants may not be charged additional fees for scanning and uploading their paper filings.

No additional fees shall be charged to pro se litigants for scanning and uploading.

Page 1 | Parties not represented by counsel

Copies made by the court cost .25 cents per page.

ANY COPIES MADE BY US WILL BE .25 CENTS PER PAGE...

Page 11 | FILING FEE

If the credit card can be used to make a payment online, it should be accepted at the clerk's office counter.

If the credit card can be used to make a payment online, it should be accepted at the clerk's office counter.

Page 1 | ADMINISTRATIVE ORDER CONCERNING CREDIT CARD POLICY

Credit cards may be used for digital recording requests only with prior approval from the Clerk of Court.

Credit cards shall not be accepted for digital recording requests unless prior approval is granted by the Clerk of Court.

Page 1 | ADMINISTRATIVE ORDER CONCERNING CREDIT CARD POLICY

Credit card payments may be made at the service point or online.

Credit card payments may be made by presenting the card at the service point or by submitting payment online.

Page 1 | ADMINISTRATIVE ORDER CONCERNING CREDIT CARD POLICY

The court does not accept credit card payments by phone.

The court does not accept any credit card payments by phone.

Page 1 | ADMINISTRATIVE ORDER CONCERNING CREDIT CARD POLICY

The clerk must write the case number and Eclipse-generated receipt number on the credit card authorization receipt.

The clerk shall write the case number and receipt number generated by Eclipse on the credit card authorization receipt.

Page 1 | ADMINISTRATIVE ORDER CONCERNING CREDIT CARD POLICY

The clerk must obtain authorization approval before receipting credit-card funds into Eclipse.

The clerk shall obtain an authorization approval before receipting the funds into Eclipse.

Page 1 | ADMINISTRATIVE ORDER CONCERNING CREDIT CARD POLICY

Visa, MasterCard, and Discover are accepted for court-ordered fines, restitution, filing fees, and miscellaneous court fees.

Visa, MasterCard and Discover will be accepted for payment of all court ordered fines, restitution, filing fees and for payment of miscellaneous court fees such as copy fees and search fees.

Page 1 | ADMINISTRATIVE ORDER CONCERNING CREDIT CARD POLICY

If a card cannot be read or swiped, it may be entered manually after valid identification is presented and the names match.

If for some reason the credit card chip cannot be read and/or the card will not swipe, the card may be entered manually after a valid ID is presented. The name on the card and the ID must match.

Page 1 | ADMINISTRATIVE ORDER CONCERNING CREDIT CARD POLICY

A credit card with no name but an expiration date may be accepted.

Credit cards that bear no name but list an expiration date may be accepted.

Page 1 | ADMINISTRATIVE ORDER CONCERNING CREDIT CARD POLICY

Credit cards may not be used to pay appearance bonds.

Credit cards shall not be accepted for appearance bonds.

Page 1 | ADMINISTRATIVE ORDER CONCERNING CREDIT CARD POLICY

No filing fee is required for this motion to enforce existing orders when no change is requested.

There is no filing fee for this type of motion, as no change is being requested but simply enforcement of existing orders…

Page 8 | Filing and Service

AN EXTRA COPY OF THE LIST SHOULD BE PROVIDED FOR THE COURT.

AN EXTRA COPY OF THE LIST SHOULD BE PROVIDED FOR THE COURT.

Page 1 | Assets

An arrest-warrant affidavit must remain suppressed until the defendant is arrested and advised; afterward it is public subject to redaction.

An affidavit for arrest warrant shall remain suppressed until the defendant has been arrested and advised. This is consistent with the long-standing practice of the 8th Judicial District. Following advisement, the affidavit for arrest warrant will be available to the public subject to redaction.

Criminal cases

Page 1 | Administrative Order 2019-10

Search warrants and related materials are unavailable for public inspection before execution and filing of the return; once the return is filed, they will be available for public viewing or inspection on request.

I. In order to avoid compromising officer safety, compromising investigations, or increasing the risk of destruction of evidence or contraband, prior to execution of the search warrant and the filing of the return with the court, search warrants, affidavits in support of search warrants, and related documents shall not be available for public inspection. 2. Once the return has been filed with the court (the filing of such return is the only reliable means the court has of being informed that the warrant has been executed or served) the search warrant and related materials such as the affidavit will on request be made available for public viewing or inspection.

Criminal cases

Page 2 | EIGHTH JUDICIAL DISTRICT POLICY AND PROCEDURES REGARDING PUBLIC ACCESS TO SEARCH WARRANTS PRIOR TO FILING OF CRIMINAL CHARGES

The Clerk of Court must retain sealed envelopes containing HIV test results in a locked cabinet in the clerk’s office.

Sealed envelopes containing HIV test results from the Larimer County Department of Human Services shall be retained by the Clerk of Court in a locked cabinet within the clerk’s office.

Criminal cases

Page 2 | ADMINISTRATIVE ORDER CONCERNING EVIDENCE RETENTION IN CRIMINAL CASES

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 Affidavit should be filed in a suppressed status and can contain 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. The Affidavit should be filed in a suppressed status and can contain medical and/or mental health information regarding the individual.

Civil cases

Page 2 | Procedure for Obtaining a Court Order Regarding Restrictive Housing in Jails Pursuant to CRS §17-26-301

A Judge or Magistrate may issue a written or verbal order setting a document’s security level, and that order supersedes the default policy.

None of the above prohibits a Judge or Magistrate from issuing a written or verbal order concerning a document security level. Any written or verbal order shall supersede the default policy.

Criminal cases

Page 1 | Administrative Order 2019-10

For good cause, the issuing judge or magistrate may keep search warrant documents confidential after execution and filing of the return if disclosure would be contrary to the public interest.

3. Notwithstanding the provisions of paragraph 2 above, the judge or magistrate issuing the warrant may, for good cause, in a particular case, direct that search warrant documents be maintained as confidential even after execution and the filing of the return, if the judicial officer determines that disclosure of same would be contrary to the public interest.

Criminal cases

Page 2 | EIGHTH JUDICIAL DISTRICT POLICY AND PROCEDURES REGARDING PUBLIC ACCESS TO SEARCH WARRANTS PRIOR TO FILING OF CRIMINAL CHARGES

The Affidavit is placed in suppressed status to protect privacy, but the Court may modify that status when appropriate.

To protect the privacy of individuals, the Affidavit will be placed in a suppressed status but can be modified by a Court when appropriate.

Civil cases

Page 2 | Procedure for Obtaining a Court Order Regarding Restrictive Housing in Jails Pursuant to CRS §17-26-301

The simplified sealing process applies, with certain exceptions, to criminal justice records when the defendant’s case is dismissed, the defendant is acquitted of all charges, or the defendant successfully completes a diversion agreement or deferred judgment and sentence.

With certain exceptions, applies to criminal justice records where a case against a defendant - completely dismissed... acquitted of all charges... successfully completes a diversion agreement... successfully completes a deferred judgement and sentence...

Page 1 | SEALING A CASE (SIMPLIFIED SEALING PROCESS)

Documents accepted or uploaded into JPOD default to the security level set by the State Court Administrator’s Office, subject to the stated exceptions.

Documents accepted or uploaded into JPOD by the 8th Judicial District will default to the appropriate security level set by the State Court Administrator’s Office to comply with CJD 05-01, except as follows:

Criminal cases

Page 1 | Administrative Order 2019-10

Proposed orders must be submitted in the same transaction as the related filing but as a separate document.

All proposed orders shall be submitted in the same transaction but shall be a separate document.

Page 1 | IN RE MANDATORY E-FILING IN SMALL CLAIMS CASES

Documents related to one pleading or filing may be separate electronic documents but must be submitted together as a single filing submission.

All documents relating to a single pleading or other filing may be filed electronically as a separate document but as a single filing submission. For example: a motion shall be filed as the principal document while exhibits to the motion shall be filed as attachments within the same submission.

Page 1 | Re Criminal E-Filing

Proposed orders must be submitted in the same transaction as the related filing but as separate documents.

All proposed orders shall be submitted in the same transaction but shall be a separate document.

Page 1 | ADMINISTRATIVE ORDER 2019-16

Documents relating to one pleading or paper should be filed as separate electronic documents in a single transaction.

All documents relating to a single pleading or paper should be filed electronically as separate documents but as a single transaction.

Page 1 | IN RE MANDATORY E-FILING IN SMALL CLAIMS CASES

Documents relating to one pleading or paper should be filed separately but submitted in a single electronic transaction.

All documents relating to a single pleading or paper should be filed electronically as separate documents but as a single transaction.

Page 1 | ADMINISTRATIVE ORDER 2019-16

Parties must use the written-discovery dispute procedure to resolve subpoena disputes.

Parties must resolve disputes regarding subpoenas in the same manner as set forth above for written discovery.

Page 2 | A. Discovery Dispute Procedures

Before filing a motion, counsel must confer in good faith with potentially opposing parties to identify and try to resolve issues; one email or call is insufficient.

Colorado Rule of Civil Procedure 121, subsection 1-15(8), states that “[m]oving counsel shall confer with opposing counsel before filing a motion.” That provision requires the parties to identify and attempt to resolve emerging issues before engaging in motions practice. The duty to confer requires counsel to confer in good faith either by telephone, in person, email, or in writing with any party who might potentially oppose the relief requested. One email or call, for example, is insufficient to comply with the rule.

Page 2 | B. DUTY TO CONFER

For motions pursuant to Colo. R. Civ. P. 121, § 1-15, the moving party must give the non-moving party at least two business days to respond before filing.

Regarding determination of motions pursuant to Colo. R. Civ. P. 121, § 1-15, the Court interprets the duty to confer as requiring moving parties to give non-moving parties at least two business days to respond before the moving party files the motion.

Page 3 | C. MOTIONS PRACTICE

Before filing a motion, the moving party must confer with any potentially opposing party; if no conference occurs, the reason must be explained in substantive detail as an unusual occurrence, with compliance evaluated case by case and the duty applying equally to pro se parties.

The word “shall” in Rule 121 § 1-15(8) is a mandatory requirement. Before filing a motion, the moving party to confer with any potentially opposing party, as detailed above. “If no conference has occurred, the reason why shall be” explained in substantive detail, and to fall within the realm of an unusual occurrence. On one end of the spectrum, it will not be acceptable for the moving party to make one phone call, leave a voicemail requesting conferral, and then submit a corresponding motion shortly thereafter. On the other hand, the Court will not require a moving party to be hamstrung by an opposing party after numerous attempts to confer, who left messages, with no timely return communication. The Court evaluates whether parties have satisfied the duty to confer on a case-by-case basis. The Court also reads Rule 121 § 1-15(8) as applying to pro se parties in the same manner as it applies to any attorney entering an appearance before the Court.

Page 3 | B. DUTY TO CONFER

Unresolved discovery disputes proceed to a hearing; parties may seek leave to appear remotely, and the Court may request briefing if the dispute remains unresolved.

If counsel cannot resolve the dispute, the Court will address all discovery disputes with a hearing and the parties may seek leave to appear by Webex or telephone. If the Court determines that it can’t resolve the dispute at the hearing, it will request briefing by the parties and will issue a written order.

Page 1 | A. Discovery Dispute Procedures

For discovery disputes, counsel are expected to confer meaningfully in writing and by telephone or in person; an exchange of emails alone is insufficient.

The Court expects counsel to confer in a meaningful way in writing, and by telephone or in person to try to resolve any discovery dispute. An exchange of emails is not sufficient.

Page 1 | A. Discovery Dispute Procedures

Counsel are expected to confer before filing a Colo. R. Civ. P. 12(b) motion to determine whether amendment can cure the defect and should make best efforts to stipulate to amendments, except when the nonmovant is pro se.

Motions to dismiss under Colo. R. Civ. P. 12(b) are discouraged if the defect may be resolved by the filing of an amended pleading. Counsel are expected to confer prior to filing such motions to determine whether such defect may be cured by amendment, and should exercise best efforts to stipulate to appropriate amendments. If the motion is nonetheless filed, the movant must include a statement describing efforts to comply with the above expectation. The requirement to confer must not apply in cases where the nonmovant is proceeding pro se.

Page 4 | c. Procedures for motions to dismiss under Rule 12(b).

Counsel should confer under C.R.C.P. Rule 121 at the earliest time possible.

A conferral pursuant C.R.C.P. Rule 121 should be made at the earliest time possible.

Civil cases

Page 1 | Motions Requesting Emergency Hearings in Existing Cases

A case may be continued back into Division 1A no more than twice, and each continuance may last no longer than 21 days.

Cases may be continued back into Division 1A no more than two times; each continuance shall not exceed twenty-one (21) days.

Criminal cases

Page 1 | ADMINISTRATIVE ORDER CONCERNING COUNTY COURT CASE ASSIGNMENTS FOR MISDEMEANOR, PETTY OFFENSE AND TRAFFIC CRIMINAL CASES

After a probation office closure, the client must contact their probation officer or the officer’s supervisor to reschedule; the client may instead present at the office on the first business day to reschedule or, if possible, have the appointment that day.

In the event of a probation office closure, the probation client is to contact his/her probation officer, or the probation officer’s supervisor to reschedule their meeting. Probation clients may also present themselves to the probation office on the first business day following the probation office closure to either reschedule their appointment for a future date or have the appointment conducted on the same day if possible.

Page 2 | II. RESCHEDULING PROCEDURES

After a courthouse closure, parties and counsel scheduled for a court proceeding must contact the division clerk on the next business day to reschedule, or appear personally at the clerk’s window on the first business day.

In the event of a courthouse closure, the party or parties and counsel scheduled to appear for a court proceeding of any kind are to contact the division clerk on the next business day following the court closure to reschedule the proceeding for the next available date. B. Alternatively, the party or parties and counsel shall appear personally at the window of the division clerk on the first business day following the court closure to reschedule the court proceeding.

Page 2 | II. RESCHEDULING PROCEDURES

An extension of a completion deadline cannot extend beyond the court-ordered probation period.

Extensions cannot be granted beyond the period of probation ordered by the Court.

Criminal cases

Page 2 | ADMINISTRATIVE POLICY AND PROCEDURE 2005-03

The District Attorney’s consent is required to extend a time limit that is a condition of a deferred sentence.

Extensions cannot be granted without the consent of the District Attorney when the time limit is a condition of a deferred sentence.

Criminal cases

Page 2 | ADMINISTRATIVE POLICY AND PROCEDURE 2005-03

The Probation Department may extend court-set completion deadlines when the extension or modification is reasonable and the defendant has shown motivation to complete probation conditions.

The Probation Department may authorize the extension of completion time limits set by the Court when extension or modification is reasonable and the defendant has displayed motivation to complete terms and conditions of probation, including community service.

Criminal cases

Page 2 | ADMINISTRATIVE POLICY AND PROCEDURE 2005-03

If a party cannot reconnect within a reasonable time, the court will reset the hearing to an in-person date as soon as available and no later than seven days after the hearing affected by the connection failure.

If you are unable to reconnect with the courtroom within a reasonable time, the court will reset the hearing to be held IN PERSON on the first available date after the date of the originally scheduled hearing but no later than 7 days after the hearing where the party experienced the connection failure.

Page 2 | DISCONNECTION OR TECHNICAL FAILURE DURING A HEARING

If someone other than the defendant, defendant's attorney, or defendant's authorized representative appears in court prior to the first hearing to pay the ticket, they should: 1 . Be given the plea offer to take back to the defendant to have him/her sign and send back to the court with payment for the proper amount. The case should not be continued any time past the first hearing date.

If someone other than the defendant, defendant's attorney, or defendant's authorized representative appears in court prior to the first hearing to pay the ticket, they should: 1 . Be given the plea offer to take back to the defendant to have him/her sign and send back to the court with payment for the proper amount. The case should not be continued any time past the first hearing date.

Criminal cases

Page 1 | ADMINISTRATIVE ORDER CONCERNING TRAFFIC INFRACTION STANDARD PLEA BARGAINS

Attorneys must contact the managing court reporter 10 days before a non-criminal court or jury trial to determine whether an official reporter will be assigned.

Attorneys shall contact the managing court reporter 10 days prior to any non-criminal court or jury trial to determine if an official court reporter will be assigned to report the trial.

Civil cases

Page 1 | AMENDED ADMINISTRATIVE ORDER RE: COURT REPORTER COVERAGE FOR NON-CRIMINAL JURY AND COURT TRIALS

The freelance reporter must email PDF transcripts to the managing court reporter at the stated address.

Transcripts shall be in PDF format and emailed to the managing court reporter at gina.meyer@judicial.state.co.us.

Civil cases

Page 2 | Policy Regarding Use of Freelance Court Reporters in Non-Criminal Cases

At the conclusion of the proceedings, the freelance reporter must email PDF steno notes to the stated address.

The freelance reporter shall email a copy of the steno notes in PDF format to gina.meyer@judicial.state.co.us at the conclusion of the proceedings.

Civil cases

Page 2 | Policy Regarding Use of Freelance Court Reporters in Non-Criminal Cases

The parties are further directed to contact the Court’s Clerk by telephone or email to set a hearing on the dispute.

The parties are further directed to contact the Court’s Clerk by telephone or email to set a hearing on the dispute.

Page 1 | A. Discovery Dispute Procedures

Counsel must not email the Court’s clerk ex parte to request remote appearance for a client.

It is improper for counsel to communicate with the Court’s clerk via email, ex parte, with a request for their client to appear remotely.

Page 2 | WEBEX HEARINGS

Jurors summoned for a day the courthouse is closed must check the Jury Commissioner’s webpage or call the Jury Commissioner on the next business day for information; the URL and phone number are on the summons.

Jurors summoned for a day when the courthouse(s) is/are closed are to check the Jury Commissioner’s Webpage or call the Jury Commissioner’s phone number for additional information on the next business day following the court closure. The Webpage URL and phone number are included on the summons.

Page 2 | II. RESCHEDULING PROCEDURES

Counsel of record and the guardian ad litem must be notified by phone and/or email by 9:00 a.m. on the hearing day; unrepresented parties should be notified at the same time when possible.

By 9:00 a.m. on the morning of the requested hearing, or earlier if possible, all previously appointed or privately retained counsel of record for the respondent parents or other respondents and the court-appointed guardian ad litem for the child or children must be notified by phone and/or email that an emergency motion has been filed and a request has been made to hear the motion that day. To the extent possible all unrepresented parties should be notified at the same time as counsel.

Civil cases

Page 1 | Motions Requesting Emergency Hearings in Existing Cases

Paragraphs ( 1 ) (2) and (3) above are minimum requirements. Any party filing a motion requesting an emergency hearing shall notify the court and all counsel in the case as soon as they know they intend to file an emergency motion.

Paragraphs ( 1 ) (2) and (3) above are minimum requirements. Any party filing a motion requesting an emergency hearing shall notify the court and all counsel in the case as soon as they know they intend to file an emergency motion.

Civil cases

Page 2 | Motions Requesting Emergency Hearings in Existing Cases

The county must notify the respondent parent counsel and guardian ad litem on rotation of the new case by 9:00 a.m. on the filing day.

Respondent parent counsel and the guardian ad litem who are on the rotation for the week are to be notified of the new case by the county no later than 9:00 a.m. on the day the case is filed.

Civil cases

Page 2 | Motions Requesting Emergency Hearings in New Case Filings

After clearing dates with all parties, the requesting party must contact the judicial clerk to confirm the agreed date.

Upon clearing dates with all parties, the requesting party shall contact the Court’s judicial clerk to confirm the agreed-upon date.

Page 3 | SETTING PROCEDURES BY DIVISION

A party seeking an emergency hearing in an existing case must immediately notify the court, counsel, and pro se parties of the intent to file.

Any party filing a motion requesting an emergency hearing in an existing case shall notify the court, all counsel, and pro se parties immediately of their intention to file.

Page 1 | Motions Requesting Emergency Hearings in Existing Dependency and Neglect Cases

During normal work weeks, felony pre-advisement release requests must be forwarded to the Magistrate in charge of Courtroom 1A during business hours for review and possible approval or modification.

During normal work weeks, the felony pre-advisement release requests shall be forwarded to the Magistrate in charge of Courtroom 1A for review and approval or modification of the recommended bond and/or conditions during business hours.

Criminal cases

Page 5 | JUDICIAL REVIEW OF FELONY BOND PRE-ADVISEMENT RELEASE RECOMMENDATIONS BY BOND COMMISSIONERS

A rotating duty judge or magistrate is available by telephone on weekends, holidays, and judicial conference to make bond decisions on referred felony pre-advisement releases.

The Chief Judge shall designate, on a weekly rotating basis, a duty judge or magistrate, who shall be available by telephone or email on weekends, holidays, and judicial conference, to make bond decisions regarding all felonies referred to that Judicial Officer for Pre-Advisement Release by the Bond Commissioners.

Criminal cases

Page 16 | JUDICIAL REVIEW

The parties are responsible for contacting the Court to determine whether the ISC has been vacated.

It is the responsibility of the parties to contact the Court to see if the ISC has been vacated...

Page 14 | ISC continued

Contact the courts to obtain the Notice to Set form for your courtroom.

Please contact the courts to obtain the proper Notice to Set form for your courtroom...

Page 16 | Motion for Temporary Orders and Notice to Set

Counsel must know the next appearance date and contact the division if a change is needed; the clerk’s office generally will not notify counsel of the date.

It is the responsibility of the attorney to know the next appearance date in the case and to contact the division if a change is necessary. The clerk’s office will generally not provide notice of this date to counsel.

Criminal cases · Court notice

Page 1 | NOTICE

If unable to reconnect to the courtroom, call the Clerk of Courts Office, provide contact information, and continue trying to reconnect.

If you are unable to reconnect to the courtroom, please call the Larimer County Clerk of Courts office at (970) 494-3500. Court staff will ask for your contact information and will notify the courtroom that you are attempting to reconnect. Continue your attempts to reconnect to the courtroom following the process above.

Page 2 | DISCONNECTION OR TECHNICAL FAILURE DURING A HEARING

Do not ask the Judicial Clerk or Law Clerk for legal advice.

Do not ask the Judicial Clerk or Law Clerk for legal advice.

Page 8

After the moving party files a Notice to Set, the division clerk will contact the parties to clear a setting date.

For all settings, the moving party shall file a Notice to Set, the division clerk will then contact the parties and clear a date for the setting.

Page 3 | Courtroom 4A

The requesting party may telephone the judicial clerk to obtain dates for another hearing.

or by telephone to obtain dates.

Page 3 | SETTING PROCEDURES BY DIVISION

To obtain dates for another hearing, the requesting party should email the judicial clerk and copy opposing counsel and self-represented parties.

the requesting party should contact the Court’s judicial clerk via email, copying in opposing counsel and self-represented parties

Page 3 | SETTING PROCEDURES BY DIVISION

A hearing may be requested by filing a motion or emailing the clerk, and the email should include all counsel and parties associated with the case.

If a party is requesting a hearing either a motion can be filed with that request or an email can be sent to the clerk. The email should include all counsel/parties associated with the case.

Page 5 | SETTING PROCEDURES BY DIVISION — Courtrooms 1B–5C

Covered department personnel are encouraged to report the information to one or more listed officials or the Commission as soon as practicable.

Employees, interns, externs, volunteers, and contractors of the Department are encouraged to bring this information to the attention of any one or more of the persons listed above or the Commission as soon as practicable.

Page 1 | Administrative Order

A complaint of judicial misconduct made by an employee, volunteer, intern, extern, or contractor of the Colorado Judicial Department may be made to the Chief Judge, the Court Executive, Clerk of Court, Chief Probation Officer or their supervisor, or the person may choose to make the complaint directly to the Commission on Judicial Discipline through the contact information contained in Attachment A to this Administrative Order.

A complaint of judicial misconduct made by an employee, volunteer, intern, extern, or contractor of the Colorado Judicial Department may be made to the Chief Judge, the Court Executive, Clerk of Court, Chief Probation Officer or their supervisor, or the person may choose to make the complaint directly to the Commission on Judicial Discipline through the contact information contained in Attachment A to this Administrative Order.

Page 1 | Administrative Order

If the served paperwork does not identify the assigned courtroom, call the Larimer County Clerk of Courts Office to obtain the case division information.

If you have elected to appear remotely at hearings, you will need to know what courtroom your case has been assigned to. If this information is not on the paperwork that you were served with, you may call the Larimer County Clerk of Courts Office at (970) 494-3500 to obtain your case division information.

Page 2 | REMOTE APPEARANCE – COURT HEARINGS

Questions about the order may be directed to the Division Clerk by phone at 970-494-3601.

If you have any questions about any of the information set out in this order, please contact the Court’s Division Clerk at 970-494-3601.

Page 1 | INTRODUCTION

Call the Clerk’s Office at 970-494-3500 for non-setting dates.

please call the Clerk’s Office at 970-494-3500 for non-setting dates

Page 1 | Courtroom 1B