Weld County District Court Document Filing Requirements

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

A proposed order must accompany every motion except a motion filed under C.R.C.P. 56.

Proposed Orders shall be filed with all motions except those motions filed under C.R.C.P. 56.

CRITICALCivil cases

Applies to

Petition and affidavit

If circumstances have changed or there is additional information for the court, the jail must file another suppressed Affidavit with the Petition.

If circumstances have changed and/or there is additional information the local jail believes the court should be apprised of, then the local jail shall file another suppressed Affidavit with the Petition.

CRITICAL

Applies to

Pleading with electronic signatures

A pleading with electronic signatures must identify the original attorney signature on file and verified as belonging to the attorney responsible for the pleading.

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

CRITICALCivil cases

A request to amend, alter, or modify a judgment must identify the components being adjusted, the amount of each adjustment, and the reasons for the changes.

If you are requesting a post-judgment amendment, alteration, or modification, you must be specific as to which components (principal, costs, fees, interest, interest rate, and who) are being adjusted, by how much, and why. Failure to do so may result in your request being denied.

CRITICALCivil cases

Applies to

Alias summons request

If some defendants have not been served, the Plaintiff must request an alias as to those defendants or seek other relief; otherwise, the non-served defendant will be dismissed.

If you have service on one, but not all, Defendant(s), you must request an alias as to the non-served Defendants. The Court will not close or “CLAD” non-served Defendants. Failure to ask for some relief as to non-served Defendants will result in the non-served Defendant being dismissed.

CRITICALCivil cases

A party may set a permanent orders hearing only after showing proof of class completion.

Any party wishing to set a permanent orders hearing may do so only after showing proof that he or she has completed the class.

CRITICALCivil cases

Applies to

Written notice

The responsible attorney must give all parties and the court written notice stating the potential trial dates, status conference date, and 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

Juvenile detention facility referral

A juvenile referred to a detention facility must be accompanied by copies of Forms 1 and 2 and a written report verifying that other dispositions have been exhausted or are clearly inappropriate.

To verify compliance with Federal Law, copies of Forms 1 and 2 and the written report verifying that all dispositions other than secure confinement have been exhausted or are clearly inappropriate, must accompany the juvenile when referred to a detention facility.

CRITICALCivil cases

Applies to

Hearing or trial notice or citation

When giving notice of a WebEx hearing or trial or serving a citation, Plaintiffs must include a notice substantially similar to the WebEx notice provided.

If the hearing will be on WebEx, Plaintiffs shall include a notice substantially similar to the below when giving notice of any hearing or trial and/or serving any citation.

CRITICALCivil cases

Applies to

Application or amendment

Applications and amendments must include a legal description for each structure with the specified location information and, where applicable, street address, lot and block, and subdivision name.

All applications and amendments must include a legal description of the structure or structures involved. The legal description for each individual structure shall include section, township, range, and county, as well as quarter-quarter of the section. In areas having generally recognized street addresses, the street address as well as the lot and block number, if applicable, shall be set forth in the application in addition to the legal description of the point of diversion or place of storage. The name of the subdivision shall also be included if the lot is part of a subdivision.

CRITICALCivil cases

Applies to

Answer

The Answer must set forth a legal defense to the claim in the Complaint.

Finally, you must also set forth a legal defense to the claim stated in the Complaint.

CRITICALCivil cases

Applies to

Indian Child Welfare Act Declaration of Non-Indian Heritage form JDF 568

Form JDF 568 must be completed if parents indicate no tribal heritage or affiliation.

l. Completion of Indian Child Welfare Act Declaration of Non-Indian Heritage form JDF 568, if parents indicate no tribal heritage or affiliation.

CRITICALCivil cases

Applies to

Proposed decree

A proposed decree submitted with a stipulation must include a red-line version tracking every change from 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.

CRITICALCriminal cases

Applies to

Alleged violation report

Other supervision agencies and providers must report qualifying alleged violations in writing to the court or District Attorney’s Office before the probation or deferred-sentence term ends.

It is the understanding of the court that all other agencies or providers of supervision or monitoring of any component of the defendant’s sentence shall report in writing to the court and/or the Weld County District Attorney’s Office any and all alleged violations of the terms and conditions of the sentence that would form the basis of a complaint to revoke the defendant’s sentence. The notification of alleged violations of the sentence shall be submitted to the court and/or the Weld County District Attorney’s Office prior to the end of the term of probation or the deferred judgment and sentence.

CRITICALCriminal cases

Applies to

Failure to appear response

If a juvenile fails to appear on a Voluntary Promise to Appear, the District Attorney may not request a warrant solely for that failure and must either request service of a summons or file a motion and affidavit establishing probable cause for an arrest warrant for the underlying offense.

The Voluntary Promise to Appear form specifically states that it does not restrain the juvenile or his/her parent, guardian, or legal custodian in any way, and therefore the District Attorney’s Office cannot, and does not, request a warrant if a juvenile fails to appear on his/her promised date of appearance. Instead, upon a failure to appear on a Promise to Appear, the District Attorney must either request service of a summons to appear or file a motion and affidavit for an arrest warrant establishing probable cause for the underlying offense.

CRITICALCivil cases

The PPJ must state a numeric post-judgment interest rate, including 0%; otherwise, the rate will be 0%.

You must write a number on the PPJ for a post-judgment interest rate (even if it is 0%). Failure to do so will result in the post-judgment rate being 0%.

CRITICALCivil cases

Applies to

Family services plan social history assessment

The Family Services Plan Social History Assessment must be provided to the court and all parties at least one week before the adjudication or plea hearing.

The Family Services Plan Social History Assessment shall be provided to the court and all parties at least one week prior to the adjudication/plea hearing.

CRITICALCivil cases

Applies to

Motion to amend

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.

CRITICALCivil cases

Applies to

Trial brief

Parties planning to participate at trial must file a trial brief or memorandum outlining their 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.

CRITICAL

Applies to

Juvenile appearance bond

A juvenile eligible for release under the screening instrument and order must be issued a Juvenile Appearance Bond in court for the first detention hearing after arrest.

• Juveniles who may be released per the detention screening instrument and this order shall be issued a Juvenile Appearance Bond in court for the first detention hearing date and time following arrest.

CRITICAL

Applies to

Transcript request

A person requesting transcript preparation must submit a completed transcript request form in addition to the Release and Waiver Form.

***A person requesting preparation of a transcript is required to complete and submit a transcript request form in addition to this Release and Waiver Form. ***

CRITICALCivil cases

Applies to

Family services plan court report

The WCDHS caseworker must prepare a Family Services Plan court report containing the specified case information and review of pertinent actions.

A written Family Services Plan court report must be prepared by the WCDHS caseworker, filed with the Court, and served on the parties and counsel seven days prior to the court date. The report will include a brief social history, removal history, findings of the most recent foster care review, discussion of the most recent progress and developments in the case since the last hearing or review, and a review of each of the pertinent actions set forth in section C below.

CRITICALCivil cases

Applies to

Motion to amend amendment

A motion to amend an amendment 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.

CRITICALCriminal casesCourt notice

Applies to

Proof of insurance

For a citation charging only failure to provide proof of insurance, proof submitted to the Clerk’s Office must be valid on the offense date and match the vehicle VIN on the summons; proper proof may vacate the court date.

If the only charge on your citation is for Failure to Provide Proof of Insurance (42-4-1409(3)), you may provide proof at the Clerk’s Office. Proof of insurance must valid on the date of the offense and must include/match the VIN number for the vehicle listed on the summons. If proper proof is provided, your court date can be vacated and you will not be required to appear.

CRITICALCivil cases

When a defendant has answered, appeared, or signed a stipulation, dismissal must be sought by motion under Rule 341(a)(2), not by notice of dismissal under Rule 341(a)(1)(i).

If a defendant has answered, appeared, or signed a stipulation, the Court has jurisdiction over the defendant and a “notice of dismissal” is not appropriate under Rule 341(a)(1)(i). If a defendant has appeared, answered, or signed a stipulation, the appropriate method of dismissal is a motion pursuant to Rule 341(a)(2).

CRITICALCivil cases

A request for action in light of a bankruptcy must specify whether the case should be dismissed without prejudice or administratively closed; otherwise, it will be dismissed without prejudice.

If you want something done with a case in light of a bankruptcy, please state clearly which of the two options you want. Failure to indicate which option will result in the case being dismissed without prejudice.

CRITICAL

Applies to

Petition

The District Attorney must file a petition supporting the emergency-bed criteria by the next business day.

The District Attorney must file a petition supporting the above criteria no later than the next business day.

CRITICALCivil cases

Applies to

Application and amendment

Applications and amendments must include a legal description for each structure with the specified location details, plus applicable street-address, lot-and-block, and subdivision information.

All applications and amendments must include a legal description of the structure or structures involved. The legal description for each individual structure shall include section, township, range, and county, as well as quarter-quarter of the section. In areas having generally recognized street addresses, the street address as well as the lot and block number, if applicable, shall be set forth in the application in addition to the legal description of the point of diversion or place of storage. The name of the subdivision shall also be included if the lot is part of a subdivision.

CRITICALCivil cases

Motions, orders, and proposed citations in contempt proceedings must comply with Rule 407.

File your motions, orders and proposed citations in accordance with Rule 407. Compliance with Rule 407 is required for all contempt proceedings.

CRITICAL

Applies to

Official record

Official records of court proceedings must be certified transcripts prepared by court reporters or authorized transcribers, except in small-claims appeals.

Only certified transcripts by court reporters or authorized transcribers may be used as official records of court proceedings, other than an appeal for a small claims case.

CRITICALCivil cases

Applies to

Petition and affidavit

Must include

certificate of service

The filing County Attorney must include a certificate of service with the filing.

The filing County Attorney must include a certificate of service indicating that the individual and, if represented, the individual’s counsel have been served with the Petition and the Affidavit.

CRITICAL

Applies to

Certification of service

Must include

certificate of service

The plaintiff must file a certification of service within 14 days following an appearance.

Plaintiff shall provide a copy of this Order to all other parties who enter an appearance, and shall electronically file certification of service within 14 days following the entry of appearance.

CRITICALCivil cases

Applies to

Trial exhibits

Each CCE exhibit designation line must identify the party and the trial exhibit number or letter.

At the conclusion of trial, the parties will be required to file an electronic copy through CCE of each exhibit that was offered (both those that are received into evidence and exhibits not admitted into evidence), including in the designation line in CCE the party and trial exhibit number or letter (i.e. “Applicant’s Exhibit A-1” or “Denver Water’s D-2”).

CRITICAL

Applies to

Petition for TERPO

A law enforcement petitioner who believes sufficient grounds exist must file the firearm search warrant request concurrently with the TERPO petition.

Because a law enforcement officer/agency petitioner must concurrently file a request for a search warrant to search for and seize firearms with the petition for TERPO if the officer believes that sufficient grounds exist to support the search warrant request, the judge presiding over the TERPO will also review the application/affidavit for the search warrant.

CRITICAL

Applies to

TERPO search warrant application

The TERPO search-warrant affidavit and application must establish probable cause for the listed facts and information.

A warrant to search for and take possession of firearms in the possession or control of a person against whom a TERPO has been entered may be issued by the court, under newly enacted C.R.S. §16-3-301.5, if all of the requirements of C.R.S. §16-3-303 have been met, and the affidavit and application for the TERPO search warrant establishes probable cause that: (1) the respondent is the person named in the extreme risk protection order or temporary extreme risk protection order; (2) the named person is in possession of one or more firearms; (3) the location of said firearms; and (4) any other information relied upon by the applicant and why the applicant considers this information credible and reliable.

CRITICAL

Applies to

Order limiting access to civil court file

An order limiting access to a civil court file must state the nature and duration of the limitation and the reason for it.

An order limiting access to a civil court file shall specify the nature of the limitation, the duration of the limitation, and the reason for the limitation.

CRITICALCriminal cases

Applies to

Warrant

A warrant must state the amount of bail when the offense is bailable.

Whether the warrant is issued at the initial filing of charges or when a person fails to appear on summons, a judge of a court of record must endorse “upon [the warrant] the amount of bail if the offense is bailable.”

CRITICAL

Applies to

TERPO petition

A law enforcement petitioner must concurrently file a sworn affidavit requesting a search warrant and identifying the location or locations to be searched.

If the petitioner is a law enforcement officer or law enforcement agency, the petitioner must concurrently file a sworn affidavit requesting issuance of a search warrant to search for any firearms in the possession or control of the respondent at a location or locations to be listed in the search warrant.

CRITICAL

Applies to

Order sealing file

An order keeping the file sealed must state the nature and duration of the limitation and the reasons for it.

If the court orders the file to remain sealed, the order shall contain the nature of the limitation, the duration of the limitation, and the reasons for the limitation.

CRITICALCriminal cases

Applies to

Warrant request

A warrant request filed with a felony complaint must include a sworn statement establishing probable cause and identifying the person who committed the offense.

Under Crim.P. 4(a)(2), when a warrant is requested in conjunction with the filing of a felony complaint, there must be a “sworn statement of facts establishing probable cause to believe that a criminal offense was committed, and the offense was committed by the person for whom the warrant is sought.”

CRITICALCriminal cases

Applies to

Bail release

Before release on bail for the specified charges, the court must verbally advise the defendant of the protection order, and the defendant must acknowledge its existence in writing.

Our courts issue no-bond warrants for charges involving domestic violence, sexual assault, and stalking, as the defendant must be advised by the court verbally of the protection order and the defendant must acknowledge the existence of the protection order in writing before the person can be released on bail. C.R.S. §18-1-1001(5).

CRITICAL

Applies to

Search warrant return and inventory

Law enforcement personnel must tender a return and inventory to the court after executing a TERPO or ERPO search warrant.

this court believes that law enforcement personnel are required to tender a return and inventory to the court

CRITICAL

Applies to

Probate application or petition

A will submitted for probate must be scanned and submitted with the application or petition.

For probate of a will the will shall be scanned and submitted with the application or petition.

CRITICAL

Applies to

TERPO or ERPO search warrant filings

The affidavit or application, search warrant, and return and inventory should be filed in the protection order case, not the miscellaneous criminal case file.

Because search warrants issued pursuant to C.R.S. §16-3-301.5 are tied directly to the TERPO or ERPO, the affidavit/application, search warrant, and return and inventory should be filed in the protection order case and not the miscellaneous criminal case file.

CRITICAL

Applies to

Original will

The original will must be lodged with the court before Letters issue.

The original will must be lodged with the court before the issuance of Letters.

WARNING

Applies to

Payment receipt

A dated payment receipt must be provided to the requester.

To avoid any disputes as to dates or payment, a dated receipt for payment shall be provided to requester.

WARNING

Applies to

Court document

Don’t forget to include your email address.

Don’t forget to include your email address.

WARNINGCivil cases

Applies to

Case filing

And the defendant’s address information should be input as well.

And the defendant’s address information should be input as well.

WARNINGCivil cases

Applies to

Written court order

Written court orders must use clear, concise language understandable to most parents.

Such orders shall be in clear and concise language that is understandable to most parents.

WARNINGCivil cases

Applies to

Visitation decision

Visitation should be based on the unique facts of each case. Decisions regarding visitation should be articulated to all relevant parties to the case, must be factually based, appropriately documented, and approved by the court.

Visitation should be based on the unique facts of each case. Decisions regarding visitation should be articulated to all relevant parties to the case, must be factually based, appropriately documented, and approved by the court.