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. 242.28

C.R.C.P. 242.28. — Alleged Inability to Defend Proceeding

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

During a disciplinary proceeding under C.R.C.P. 242, the respondent, the respondent's counsel, the Regulation Counsel, or the Presiding Disciplinary Judge may raise an issue as to the respondent's ability to defend the proceeding. In that event, the Presiding Disciplinary Judge may under this section 242.28 issue an interim stay of the disciplinary proceeding in accordance with the disability procedures set forth in C.R.C.P. 243.7. After following those procedures, the Presiding Disciplinary Judge may under this section 242.28 place the disciplinary proceeding in abeyance, lift the interim stay, or take other actions in accordance with C.R.C.P. 243.7. An interim stay or abeyance governs all phases of a disciplinary proceeding, including the respondent's response to a request for investigation, investigative interviews of the respondent, and investigative activities that implicate the respondent's rights under C.R.C.P. 45 or other rules.

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.