Weld County District Court Document Filing Requirements

CRITICAL

Applies to

Promise to appear

The approved Promise to Appear form must provide the regional Public Defender’s current contact information, advise the responsible adult to apply for appointed counsel at least five days before the appearance, and include the specified counsel-rights language.

The form approved by the Office of District Attorney for the 19th Judicial District must contain the current phone number, address, and website for the regional Office of the State Public Defender in Greeley, Colorado, contain a statement advising the parent, guardian, or legal custodian to apply for court- appointed counsel at least five days before the juvenile’s appearance date, and contain the following language: You have the right to the assistance of a lawyer. A lawyer can be appointed if the juvenile and the juvenile’s parent, guardian, or legal custodian lack adequate resources to retain a lawyer, or if the juvenile’s parent, guardian or legal custodian refuses to retain a lawyer for the juvenile. To determine if the juvenile is eligible for a court-appointed lawyer, or to apply for a court-appointed lawyer, the juvenile’s parent, guardian, or legal custodian is advised to contact the Office of the State Public Defender.

CRITICALCivil cases

Applies to

Court report

A written court report for review is required for every hearing after disposition except a pretrial conference, unless the judicial officer waives it in advance.

Following dispositional hearing, a written court report for review is required for all court hearings (except for a pretrial conference) unless specifically waived by the judicial officer in advance.

CRITICALCivil cases

Applies to

Motion to amend application

A motion to amend must also include a resume notice of the amended portion of the application.

All motions to amend amendment shall also include resume notice of the amended portion of the application.

CRITICALCivil cases

Applies to

Written advisement

The written advisement must be signed and filed.

Video or oral advisement of respondents as to their rights and potential outcomes of the D&N court process and signing and filing of written advisement.

CRITICAL

Applies to

Case filing

A landlord must inform the court of the tenant’s need for an interpreter when filing the case; failure to do so may result in a continuance and delay.

If you are the landlord and the tenant needs an interpreter, you shall inform the court of the need for an interpreter at the time of filing the case. Failure to do so may result in the case being continued so that an interpreter may be obtained, and therefore may result in a delay in any request for possession of property.

CRITICALCivil cases

Applies to

Notice

The responsible attorney must give all parties and the court written notice listing potential trial dates, the status conference date, and the conference-call telephone number.

The responsible attorney shall provide all parties and the court with written notice of the potential trial dates, the date of the status conference, and the telephone number for the conference call.

CRITICAL

Applies to

Acknowledgement form

A person under 18 must have a parent or guardian sign the acknowledgement form.

If you are under the age of 18, your parent or guardian must sign this acknowledgement form below.

CRITICALCivil cases

Applies to

Motion to amend amendment

A motion to amend an amendment must include a resume notice of the amended portion of the application.

All motions to amend amendment shall also include resume notice of the amended portion of the application.

CRITICALCivil cases

Applies to

Proposed decree

A proposed decree submitted as part of a party stipulation must include a red-line version tracking all changes to any previously submitted Applicant decree.

Proposed decrees submitted as part of a stipulation entered into by the parties shall include the “red-line” version tracking all changes that have been made to any proposed decree previously submitted by the Applicant.

CRITICALCivil cases

Applies to

Ppj

Information on a PPJ must be specific, accurate, complete, understandable, legible, and consistent with counsel’s professional duties.

In most cases the PPJ is the record. Accordingly, the information stated on the PPJ is a statement by counsel to the Court; statements must be specific, accurate, complete, understandable, legible, and consistent with the duties under the Rules of Professional Conduct.

CRITICALCivil cases

Applies to

Petition and affidavit

If the jail needs to continue restrictive housing beyond the court's order, it must file another Petition and Affidavit in the existing civil case before the order expires.

Given the legislative declaration seeking to end and prohibit the use of restrictive housing of inmates with certain health conditions, if the local jail determines that it needs to keep the individual in restrictive housing for longer than ordered by the court, then it must file another Petition and Affidavit within the existing CV case prior to the expiration of the order.

CRITICALCriminal casesCourt notice

Applies to

Plea by mail request

If eligible to enter a plea by mail, submit a written Motion (JDF 76) or letter before the court appearance, in person or by mail, and include the case or ticket number and a mailing address.

Depending on your specific charge(s), you may be eligible to enter a plea via mail. If you are eligible to enter a plea by mail, you will need to file a written request prior to your court appearance by filing out a Motion (JDF 76) or letter to the court. You may file your request in person at the Clerk’s Office, 915 10th Street, Greeley or you may mail the request to Weld County Combined Courts, P.O. Box 2038, Greeley, Colorado 80632. Please be sure to include your case and/or ticket number as well as provide a mailing address.

CRITICALCivil cases

Applies to

Notice of permanency planning hearing

Written notice of a permanency planning hearing must state the proposed permanent plan for the child or children.

Written notice of the permanency planning hearing shall include a statement concerning the proposed permanent plan for the child(ren).

CRITICALCivil cases

Applies to

Case filing

One attorney must be designated as the primary attorney.

Also, one attorney must be designated as the primary attorney.

CRITICALCivil cases

Applies to

Telephone conference notice

If the responsible attorney appears in person, parties wishing to appear by telephone must designate one of themselves to arrange the dial-in conference and file and serve notice.

If the responsible attorney wishes to appear in person, the other parties wishing to appear by telephone shall designate one among them to arrange for and file and serve notice of a dial-in telephone conference.

CRITICALCivil cases

Applies to

Notice

When parties prefer to appear by telephone, the responsible attorney must arrange the dial-in conference and file and serve notice of its number.

For any pre-trial readiness conference or status conference in which parties prefer to appear by telephone, the responsible attorney shall arrange for a dial-in telephone conference and shall file and serve notice with the court of the telephone conference number.

CRITICAL

Applies to

Emergency bed motion

The Screening & Bed Management Supervisor must complete the Emergency Bed Motion and send it to the CYDC Director for review and signature.

The Screening & Bed Management Supervisor will complete the Emergency Bed Motion and send to the CYDC Director for review and signature.

CRITICALCivil cases

A judgment request must itemize principal, costs, attorney fees, pre- and post-judgment interest, and clearly identify the judgment debtor or debtors; failure to identify the debtor when there are multiple defendants may result in judgment against only one defendant.

If you are asking the Court to enter a judgment, you must state the breakdown of the judgment components (principal, costs, attorney fees, pre-judgment interest, post-judgment interest rate). You must also state clearly who is/are the judgment debtor(s). Requests for judgment with 2 or more defendants, without stating who, may result in judgment against a single defendant only.

CRITICAL

Applies to

Restraining order checklist

A non-parent seeking protection for a child must provide documentation of legal guardianship and/or custody.

I understand that if I am a non‐parent of a child(ren) included in this protection order that I will be required to provide documentation of legal guardianship and/or custody.

CRITICAL

Applies to

Signed court order

Signed court orders must be saved with the CYDC Program and provided to the Statewide Detention Bed Manager.

Signed Orders from the Court are saved appropriately with the CYDC Program and are also provided to the Statewide Detention Bed Manager.

CRITICALCivil cases

A request for judgment will be denied unless the original contracts or an affidavit of lost instrument and an undertaking are submitted.

Failure to submit original contracts, or an affidavit of lost instrument and an undertaking, will result in denial of any request for judgment.

CRITICALCivil cases

Applies to

Motion to amend application

A motion to amend an application must include a complete superseding application containing the requested amendments and signed and verified as required by statute.

All motions to amend applications shall include a complete and superseding application including the requested amendments that is signed and verified as required by statute.

CRITICAL

Applies to

Document

Documents must clearly identify each signing attorney by name and attorney registration number.

Documents must clearly identify the name and attorney registration number of the attorney(s) who signed the document.

CRITICAL

Applies to

Juvenile appearance bond

A Juvenile Appearance Bond must be substantially similar in form to Appendix F.

• The form of a Juvenile Appearance Bond will be substantially similar to Appendix F.

CRITICALCriminal cases

Applies to

Sentencing record or order

For an unsupervised VRA probation or deferred sentence, the court must indicate that it is unsupervised on the record or in a specified sentencing document.

If the sentence is to unsupervised probation or the court authorizes an unsupervised deferred judgment and sentence for a VRA case, the court will indicate on the record, or in the written judgment of conviction, or written sentencing order, or in the order authorizing the deferred judgment and sentence that the term of probation or the period of the deferred judgment and sentence will be unsupervised.

CRITICALCivil cases

Applies to

Subpoena

Any subpoena served must include a notice consistent with the WebEx connection language provided.

Any subpoenas served shall include a notice consistent with the WebEx connection language above.

CRITICALCivil cases

Applies to

Trial brief

Each party planning to participate at trial must file a trial brief or memorandum outlining its claims and identifying disputed issues.

All parties planning to participate at trial shall file a trial brief or memorandum outlining their claims and identifying disputed issues.

CRITICALCivil cases

Applies to

Proposed decree

A proposed decree submitted as part of a stipulation must include a red-line version tracking all changes from any decree previously submitted by the applicant.

Proposed decrees submitted as part of a stipulation entered into by the parties shall include the “red-line” version tracking all changes that have been made to any proposed decree previously submitted by the applicant.

CRITICALCivil cases

Applies to

Notice of disqualification

If there is an objection to the magistrate assigned after transfer, a separate notice of disqualification must be filed with the chief judge for reassignment.

3. In the event that there is an objection to the magistrate as the transferred judicial officer a separate notice of disqualification will be filed with the chief judge, who will then reassign the case.

CRITICALCivil cases

Applies to

Ppj

PPJ writings must be complete and address service and appearance; the examples are nonexclusive, and the writing must be clear, legible, and understandable.

The following are only examples and not intended to be an exclusive list, nor a definition of any fixed requirements; writings must simply be complete, address service and appearance, be clear, be legible, and be understandable.

CRITICAL

Applies to

Transcript request form

Anyone requesting all or part of a proceeding record must complete and file transcript request form JDF 4, available online or from the clerk’s office.

Persons requesting all or part of the record of a court proceeding must complete and file a transcript request form, JDF 4, which can be obtained electronically from the Nineteenth Judicial District Court Business Resources webpage on the state judicial website, www.courts.state.co.us, or by visiting the clerk’s office.

CRITICALCivil cases

Applies to

Motion

If the defendant remains unserved before the third-additional pluries summons return date, the Plaintiff must file a motion stating good cause for authorizing another summons.

If the Defendant has not been served prior to the third-additional (“pluries”) summons return date, you must file a motion and state good cause as to why a further summons should be authorized.

CRITICAL

Applies to

Electronically signed pleading

An electronically signed pleading must identify the original attorney signature on file and verified as the responsible attorney's.

Pleadings with electronic signatures must indicate which original attorney signature is on file and verified as the attorney responsible for the pleading.

CRITICALCivil cases

Applies to

Trial exhibits

Each party must provide the court one original exhibit notebook and one electronic copy of its exhibits on or before trial.

Each party shall provide the court with one (1) original exhibit notebook. Each party shall supply the court with one copy of its exhibits in electronic format in addition to its original exhibit notebook, on or before the date of trial.

CRITICALCivil cases

Applies to

Notice

If the responsible attorney will appear in person, the parties wishing to appear by telephone must designate one of their number to arrange the dial-in conference and file and serve notice.

If the responsible attorney wishes to appear in person, the other parties wishing to appear by telephone shall designate one among them to arrange for and file and serve notice of a dial-in telephone conference.

CRITICALCivil cases

Applies to

Notice

The applicant must provide the dial-in number and file and serve notice stating the conference time and dial-in information.

The applicant shall provide the dial-in conference number and shall file and serve notice of the time of the conference and the dial- in information.

CRITICAL

Applies to

Pre trial disclosures

Pretrial disclosures and exchanges are required.

Pre-trial disclosures and exchanges will be required, and any trial exhibits must be filed or uploaded prior to trial.

CRITICAL

Applies to

Release

A signed release on the attached form must be tendered to the court; for a victim under eighteen, a parent or legal guardian may sign the release.

tenders to the court a signed written release on the form attached to this administrative order, or a release signed by the parent or legal guardian for any offense specified in paragraphs 1 or 2, if the victim is under the age of eighteen.

CRITICALCivil cases

Applies to

Notice of representation

For eligible clients of Colorado Legal Services, Inc. or Weld County Legal Services in civil actions before district or county courts in the district, an attorney-filed notice of eligibility replaces the motion to proceed in forma pauperis.

In order to avoid delay in the applications for waiver of the costs related to the prosecution and defense of certain civil proceedings in this district, the chief judge of the district waives the requirement of filing motions to proceed in forma pauperis in civil actions before the district and county courts of this district for clients of the two organizations as long as the attorney of record assigned by the legal services organization files a notice that the attorney's client meets the eligibility standards for representation.

CRITICALCivil cases

Applies to

Notice of continued summons return

The notice of the continued summons return date must be filed and state that failure to appear may result in default.

Such notice must be filed and state that failure to appear may result in default.

CRITICALCivil cases

Applies to

Family service plan review letter

When the stated circumstances apply, the Family Service Plan review letter must include the ASFA Review for Termination of Parental Rights/5A Review form explaining why a termination motion was not filed.

In such case, the Family Service Plan review letter must include the attachment of the ASFA Review for Termination of Parental Rights/5A Review form explaining why a motion for termination has not been filed.

CRITICAL

Applies to

Response

A defendant who wants to speak in court to defend themself must file a Response (JDF 250).

If you are the Defendant and you want to speak in court to defend yourself, you MUST file a Response (JDF 250) and pay the filing fee $26 or $41.

CRITICAL

Applies to

Pleading

An electronically signed pleading must identify the original attorney signature on file and verify the attorney responsible for it.

Pleadings with electronic signatures must indicate which original attorney signature is on file and verify the attorney responsible for the pleading.

CRITICALCivil cases

Applies to

Case filing

When filing a case through CCE, the filer must input the proposed judgment amounts.

When filing a case through CCE you must input your proposed judgment amounts.

CRITICALCivil cases

Applies to

Trial brief

Parties planning to participate at trial must file a brief or memorandum outlining their claims and disputed issues; legal standards are optional, and parties who do not file generally may not participate.

All parties planning to participate at trial shall file a trial brief or memorandum outlining their claims and identifying disputed issues. The parties may include applicable legal standards in their brief, but this is not required. Parties not filing a trial brief will not be permitted to participate at trial, other than to require that the Applicant meets its burden of proof.

CRITICALCivil cases

Applies to

Order allowing bifurcation

An order allowing bifurcation must be filed in both the original case and the new case, where it serves as the originating pleading.

The order allowing bifurcation shall be filed in the original case and also in the new case as the originating pleading.

CRITICALCivil cases

Applies to

Motion to amend application

A motion to amend an application must include a complete superseding application containing the requested amendments and signed and verified as required by statute.

All motions to amend applications shall include a complete and superseding application including the requested amendments that is signed and verified as required by statute.

CRITICALCriminal cases

Applies to

Voluntary promise to appear form

A Voluntary Promise to Appear form issued to a juvenile and the juvenile’s parent, legal custodian, or guardian must include the stated advisement of the right to counsel.

this Court, after meeting with Ms. Carrasco and Magistrate Gonzales and considering the recent amendment to C.R.S. § 19-2-507(5), concludes that the following advisement must be included with a Voluntary Promise to Appear form issued to a juvenile and his/her parent, legal custodian, or guardian: You have the right to the assistance of a lawyer. A lawyer can be appointed if the juvenile and the juvenile’s parent, guardian, or legal custodian lack adequate resources to retain a lawyer, or if the juvenile’s parent, guardian, or legal custodian refuses to retain a lawyer for the juvenile. To determine if the juvenile is eligible for a court-appointed lawyer, or to apply for a court-appointed lawyer, the juvenile’s parent, guardian, or legal custodian is advised to call the office of the state public defender at (970) 353-8224, or visit the public defender’s office at 822 7th Street, Suite 300, Greeley, CO 80631, or visit the state public defender's web site at: pdweb.coloradodefenders.us. To avoid delay in obtaining a lawyer, the juvenile’s parent, guardian, or legal custodian is advised to apply for court-appointed counsel at least five days before the juvenile’s appearance date.

CRITICALCivil cases

The Plaintiff must provide the original note or a statement or undertaking that adequately protects the Defendant; the Court generally accepts an affidavit or verified statement promising indemnification and protection against another party’s enforcement claim.

The Court requires the original note or a statement or undertaking by the Plaintiff providing adequate protection to the Defendant. Generally, the Court will accept an affidavit or verified statement by the Plaintiff or counsel that the Plaintiff will indemnify and hold the Defendant harmless against claims by another to enforce the instrument.

CRITICALCriminal cases

Applies to

Sentencing record or order

When imposing a VRA probation or deferred sentence, the court must indicate whether it is supervised or unsupervised and, if supervised, identify the initial supervising agency on the record or in a specified sentencing document.

At the time of imposing a probationary sentence or a deferred sentence in a case implicating the VRA, the court will indicate whether the probationary term or the deferred judgment and sentence will be supervised or unsupervised. If the term of probation or deferred sentence is supervised, the court will indicate on the record, or in the written judgment of conviction, or the sentencing order, or the order authorizing the deferred sentence which agency will be responsible for the initial supervision of the defendant.