EZRCP · Colorado · Chapter 1 - Scope of Rules, One Form of Action, Commencement of Action, Service of Process, Pleadings, Motions and Orders · C.R.C.P. 1

C.R.C.P. 1. — Scope of Rules

Colorado · Chapter 1 - Scope of Rules, One Form of Action, Commencement of Action, Service of Process, Pleadings, Motions and Orders

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Rule text

(a) Procedure Governed. These rules govern the procedure in the supreme court, court of appeals, district courts, and in the juvenile and probate courts of the City and County of Denver, in all actions, suits and proceedings of a civil nature, whether cognizable as cases at law or in equity, and in all special statutory proceedings, with the exceptions stated in Rule 81. These rules shall be liberally construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action. Rules of civil procedure governing county courts shall be in accordance with Chapter 25 of this volume. Rules of Procedure governing probate courts and probate proceedings in the district courts shall be in accordance with these rules and Chapter 27 of this volume. (In case of conflict between rules, those set forth in Chapter 27 shall control.) Rules of Procedure governing juvenile courts and juvenile proceedings in the district courts shall be in accordance with these rules and Chapter 28 made effective on the same date as these rules. In case of conflict between rules those set forth in Chapter 28 shall control. Rules of Procedure in Municipal Courts are in Chapter 30. (b) Effective Date. Amendments of these rules shall be effective on the date established by the Supreme Court at the time of their adoption, and thereafter all laws in conflict therewith shall be of no further force or effect. Unless otherwise stated by the Supreme Court as being applicable only to actions brought after the effective date of an amendment, they govern all proceedings in actions brought after they take effect and also all further proceedings in actions then pending, except to the extent that in the opinion of the court their application in a particular action pending when the rules take effect would not be feasible or would work injustice, in which event the former procedure applies. (c) How Known and Cited. These rules shall be known and cited as the Colorado Rules of Civil Procedure, or C.R.C.P.

Notes

Source: (c) amended and adopted December 5, 1996, effective January 1, 1997; (b) amended and adopted February 1, 2012, nunc pro tunc January 1, 2012, effective immediately; (a) amended and adopted and comments added and adopted May 28, 2015, effective July 1, 2015, for cases filed on or after July 1, 2015.

Cross references: For exemption of certain statutory proceedings from the rules of civil procedure, see C.R.C.P. 81.

COMMENTS

2015

[1] The 2015 amendments are the next step in a wave of reform literally sweeping the nation. This reform movement aims to create a significant change in the existing culture of pretrial discovery with the goal of emphasizing and enforcing Rule 1's mandate that discovery be

administered to make litigation just, speedy, and inexpensive. One of the primary movers of this reform effort is a realization that the cost and delays of the existing litigation process is denying meaningful access to the judicial system for many people. [2] The changes here are based on identical wording changes proposed for the Federal

Rules of Civil Procedure. They are designed to place still greater emphasis on the concept that litigation is to be treated at all times, by all

parties and the courts, to make it just, speedy, and inexpensive, and, thereby, noticeably to increase citizens' access to justice.