C.R.C.P. 232.1. — Terminology

For purposes of this rule, the following definitions and abbreviations apply: ''Advisory Committee'' refers to the Supreme Court Advisory Committee on the Practice of Law, as identified in C.R.C.P. 232.4. ''Civil injunction'' and derivatives of that term generally refer to a proceeding brought under C.R.C.P. 232.14 through C.R.C.P. 232.20 to enjoin a respondent from the unauthorized practice of law. ''Complaining witness'' means a person who submits a request for investigation to the Regulation Counsel under C.R.C.P. 232.9(a)(1). ''Contempt'' refers to a proceeding brought under C.R.C.P. 232.22 through C.R.C.P. 232.24 to hold in contempt a respondent who is alleged to have engaged in the unauthorized practice of law in contravention of a previous injunction.

''Costs'' are those costs made available in civil cases and may include travel expenses incurred by witnesses, fees for court reporters, and fees for expert witnesses. ''Costs'' may also include expenses incurred during an investigation. ''Exercise of legal judgment'' and derivatives of that phrase mean the application of actual or purported knowledge or understanding of the law, beyond that of the ordinary citizen, to a particular set of facts. ''Expunge'' and ''expungement'' refer to the destruction of all files, records, and other items of any type in a given proceeding. ''Including'' means including but not limited to. ''Injunction,'' ''enjoin,'' and derivatives of those terms refer to a court order prohibiting a nonlawyer from engaging in the unauthorized practice of law. ''Mail'' and ''mailing'' means the sending of a document or other item through the U.S. Postal Service, through a commercial delivery service, or by electronic means. ''Notice,'' ''notify,'' and derivatives of those terms are addressed in C.R.C.P. 232.29. ''Nonlawyer'' means a person who is not licensed, authorized, or otherwise certified to practice law in any jurisdiction in the United States, including a disbarred lawyer. ''Person'' includes an individual, a trust, or an entity, which includes a firm, association, corporation, partnership, or limited liability company. ''Proceeding'' means any investigative or judicial proceeding under C.R.C.P. 232, including preliminary investigations under C.R.C.P. 232.9. ''Regulation Committee'' refers to the Legal Regulation Committee, as identified in C.R.C.P. 232.5. ''Regulation Counsel'' refers to the Attorney Regulation Counsel, as identified in C.R.C.P. 232.6. ''Respondent'' means a nonlawyer in a civil injunctive or contempt proceeding under this rule. ''Restitution'' means the return of fees, money, or other things of value that were paid or entrusted to a nonlawyer in exchange for performing or promising to perform prohibited UPL activities. ''Supreme court'' refers to the Colorado Supreme Court. ''This rule'' means all sections of C.R.C.P. 232. ''This section'' means a single section of this rule, for example C.R.C.P. 232.2. ''This subsection'' means a portion of a section of this rule, for example C.R.C.P. 232.2(a) or C.R.C.P. 232.2(b)(1). ''Tribunal'' means a court, an arbitrator in a binding arbitration proceeding, or a legislative body, administrative agency, or other body acting in an adjudicative capacity. A legislative body, administrative agency, or other body acts in an adjudicative capacity when, after the party or parties are given the opportunity to present evidence or legal argument, a neutral official renders a binding legal judgment directly affecting a party's interests in a particular matter. ''UPL'' means ''unauthorized practice of law,'' as set forth in C.R.C.P. 232.2(b)-(c).