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. 242.27

C.R.C.P. 242.27. — Failure to Answer and Default

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) Motion for and Entry of Default. If a respondent does not timely file an answer, the Regulation Counsel will move for entry of default. For good cause shown, the Presiding Disciplinary Judge may grant the respondent leave to file an untimely answer. If the Presiding Disciplinary Judge enters default, the properly pleaded allegations and claims in the complaint will be deemed admitted. (b) Sanctions Hearing. After default is entered, a sanctions hearing will be held under C.R.C.P. 242.30 to determine the appropriate sanction. If, 14 days after entry of default, neither the respondent nor the Regulation Counsel has requested a sanctions hearing before a Hearing Board, then the sanctions hearing will be held solely before the Presiding Disciplinary Judge. At the sanctions hearing, the respondent may appear and present evidence and arguments about the appropriate sanction. (c) Notice. The respondent and the complaining witness must be given at least 28 days' notice of the sanctions hearing in accordance with C.R.C.P. 242.29(b). (d) Opinion. After the sanctions hearing, an opinion will be issued under C.R.C.P. 242.31.

Notes

Source: Entire rule added and adopted May 20, 2021, effective for cases filed with the Presiding Disciplinary Judge or the Supreme Court on or after July 1, 2021, and, as to all other matters covered by these rules, effective July 1, 2021.