C.R.C.P. 232.16. — Initiation of Case Before Presiding Disciplinary Judge

(a) Procedure When Answer Is Filed. (1) Scheduling Conference. On receiving a referral from the supreme court in a case in which the respondent has filed an answer to the petition, the Presiding Disciplinary Judge will set a scheduling conference, which normally should be held within 28 days of the referral. At the conference, the Presiding Disciplinary Judge will schedule the hearing, set prehearing deadlines, and address matters relevant to the hearing. If the parties waive the conference, the Presiding Disciplinary Judge may exercise discretion to schedule the hearing and set prehearing deadlines without an in-person scheduling conference. (2) Notice. After the hearing is scheduled, the Presiding Disciplinary Judge will issue to the parties a notice designating the date, time, and place of the hearing. The notice also must state that the respondent is entitled to be represented by counsel at the respondent's own expense, to present evidence and testimony, and to cross-examine witnesses. (b) Procedure When No Answer Is Filed. (1) Order Directing Answer. On receiving a referral from the supreme court in a case in which the respondent has not filed an answer to the petition, the Presiding Disciplinary Judge will direct the respondent to file an answer. (2) Entry of Default. If the respondent does not timely file an answer, the Regulation Counsel will move for entry of default under C.R.C.P. 55(a). If the Presiding Disciplinary Judge enters default, the allegations and charges in the petition will be deemed admitted. (3) Default Judgment. After entry of default, the Regulation Counsel will move for default judgment under C.R.C.P. 55(b). If the Presiding Disciplinary Judge grants default judgment, the Presiding Disciplinary Judge will submit a report to the supreme court under C.R.C.P. 232.20.