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. 232.20

C.R.C.P. 232.20. — Report to Supreme Court, Objections, and Decision

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) Report of Presiding Disciplinary Judge. After a hearing or as otherwise provided in this rule, the Presiding Disciplinary Judge must report in writing to the supreme court, setting forth findings of fact, conclusions of law, and recommendations for a final disposition of the case. When submitting a report to the supreme court, the clerk of the Presiding Disciplinary Judge must transmit the record of the entire proceeding to the supreme court and mail a copy of the report to each party. (b) When No Objections Are Filed. If neither party files a notice of objections, the case will stand submitted upon the filed report.

(c) When Objections Are Filed. (1) Notice of Objections. Any notice of objections to the report must be filed with the supreme court no more than 28 days after copies of the report were mailed to the parties. (2) Content. Except as otherwise provided by this rule and to the extent practicable, the notice of objections must summarize the factual and legal bases of the objections. (3) Transcript. (A) Objecting Party's Request for Transcript. If a notice of objections is filed, the objecting party may request that the court reporter or a transcriber, if the proceeding was recorded by mechanical or electronic means, prepare a full transcript of the proceeding or any portion that the objecting party deems necessary for the consideration of the case. The objecting party must submit its request for a transcript no more than 14 days after filing the notice of objections. Within the same timeframe, the objecting party must file with the supreme court and serve on the opposing party under C.R.C.P. 5 either a designation of those portions of the transcript that the party wishes added to the record before the supreme court or a statement that the party does not wish to designate any portions of the transcript. (B) Opposing Party's Request for Transcript. The opposing party must, within 14 days after service of the designation or statement under subsection (A) above, file with the supreme court, submit to the court reporter or transcriber, and serve under C.R.C.P. 5 either a cross-designation of any portions of the transcript the party deems necessary for proper consideration of the case or a statement that the party does not wish to designate any portions of the transcript. (C) Expense of Preparing Transcript. The objecting party is responsible for the expense of preparing a transcript if the objecting party designates any portion of the transcript. If the objecting party does not designate any portion of the transcript but the opposing party designates at least some portion thereof, the opposing party is responsible for the expense of preparing the transcript. (D) Preparation and Filing of Transcript. Unless the requesting party has failed to adequately arrange to pay for the transcript, the reporter or transcriber must prepare the transcript and file it, properly certified, with the supreme court within 63 days (9 weeks) after the filing of the notice of objections. (4) Briefs. An objecting party must file an opening brief no more than 28 days after the later of the filing of the transcript or the filing of the opposing party's statement declining to designate portions of the transcript. The opposing party must file an answer brief no more than 28 days after the filing of the objecting party's opening brief. The objecting party must file a reply brief, if any, no more than 14 days after the filing of the answer brief. (d) Amicus Curiae Brief. A brief of an amicus curiae may be filed only by leave of the supreme court or at the request of the supreme court. The brief may be conditionally filed with the motion for leave. A motion for leave must identify the interest of the amicus curiae and must state the reasons why an amicus curiae brief is desirable. An amicus curiae must file its brief within the time allowed the party whose position the amicus brief supports unless the supreme court for good cause shown grants leave for later filing, in which event the supreme court will specify when an opposing party may answer. (e) Supreme Court Decision. The supreme court may adopt, modify, or reject the Presiding Disciplinary Judge's report and will determine as a matter of law whether the respondent engaged in the unauthorized practice of law. If the supreme court finds that the respondent engaged in the unauthorized practice of law, the supreme court may enjoin the respondent from further unauthorized practice of law and make further appropriate orders including orders of restitution, costs, and fines. The clerk of the supreme court must mail a copy of the order to each party. (f) No Limitation on Authority to Issue Injunction. Nothing in this rule shall be construed to limit the power of the supreme court, upon proper application, to issue an injunction at any stage of a proceeding in order to prevent public harm.

Notes

Source: Entire rule adopted and effective December 15, 2022 (Rule Change 2022(17)).