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«SENATE BILL 12-175 BY SENATOR(S) Carroll and Roberts, King S.; also REPRESENTATIVE(S) Gardner B. and Duran, Barker, Fields, Kagan, Labuda, Liston, ...»

-- [ Page 1 ] --

NOTE: This bill has been prepared for the signatures of the appropriate legislative

officers and the Governor. To determine whether the Governor has signed the bill

or taken other action on it, please consult the legislative status sheet, the legislative

history, or the Session Laws.

SENATE BILL 12-175

BY SENATOR(S) Carroll and Roberts, King S.;

also REPRESENTATIVE(S) Gardner B. and Duran, Barker, Fields, Kagan,

Labuda, Liston, Singer, Stephens, Waller, Wilson, McNulty.

CONCERNING STATUTORILY ESTABLISHED TIME INTERVALS.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, 13-1-129, amend (4)

as follows:

13-1-129. Preferential trial dates. (4) Upon the granting of a motion for a preferential trial date, the court shall set the case for trial not more than one hundred twenty NINETEEN days from the date the motion was filed. The court shall establish an accelerated discovery schedule in all such cases. No continuance shall be granted beyond the one-hundred-twenty-day ONE-HUNDRED-NINETEEN-DAY period except for physical or mental disability of a party or a party's attorney or upon a showing of other good cause. Any such continuance shall be for no more than one hundred twenty NINETEEN days, and only one such continuance shall be granted to a party.

SECTION 2.

In Colorado Revised Statutes, 13-4-110, amend (1) (b) as follows:

________ Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act.

13-4-110. Determination of jurisdiction - transfer of cases.

(1) (b) A party in interest shall allege that a case is not properly within the jurisdiction of the court of appeals by motion filed with the court of appeals within twenty TWENTY-ONE days after the date the record is filed with the clerk of the court of appeals, failing which any objection to jurisdiction by a party in interest shall be waived.

SECTION 3.

In Colorado Revised Statutes, 13-6-311, amend (1), (2), and (4) as follows:

13-6-311. Appeals from county court - simplified procedure.

(1) (a) If either party in a civil action believes that the judgment of the county court is in error, he OR SHE may appeal to the district court by filing notice of appeal in the county court within fifteen TWENTY-ONE days after the date of entry of judgment and by filing within the said fifteen TWENTY-ONE days an appeal bond with the clerk of the county court. The bond shall be furnished by a corporate surety authorized and licensed to do business in this state as surety, or one or more sufficient private sureties, or may be a cash deposit by the appellant and, if the appeal is taken by the plaintiff, shall be conditioned to pay the costs of the appeal and the counterclaim, if any, and, if the appeal is taken by the defendant, shall be conditioned to pay the costs and judgment if the appealing party fails. The bond shall be approved by the judge or the clerk.

(b) Upon filing of the notice of appeal, the posting and approval of the bond, and the deposit by the appellant of an estimated fee in advance for preparing the record, the county court shall discontinue all further proceedings and recall any execution issued. The appellant shall then docket his OR HER appeal in the district court. A motion for new trial is not required as a condition of appeal. If a motion for new trial is made within fifteen TWENTY-ONE days, the time for appeal shall be extended until fifteen TWENTY-ONE days after disposition of the motion, but only matters raised on the motion for new trial shall be considered on an appeal thereafter.

(2) (a) Upon the deposit of the estimated record fee, the clerk of the court shall prepare and issue as soon as possible a record of the proceedings in the county court, including the summons, the complaint, proof of service, and the judgment. The record shall also include a transcription of such part of the actual evidence and other proceedings as the parties may designate PAGE 2-SENATE BILL 12-175 or, in lieu of transcription, to which they may stipulate. If a stenographic record has been maintained or the parties agree to stipulate, the party appealing shall lodge with the clerk of the court the reporter's transcript of the designated evidence or proceedings or a stipulation covering such items within forty FORTY-TWO days after judgment. If the proceedings have been electrically recorded, the transcription of designated evidence and proceedings shall be prepared in the office of the clerk of the county court, either by him OR HER or under his OR HER supervision, within forty FORTY-TWO days after judgment.

(b) The clerk shall notify, in writing, the opposing parties of the completion of the record, and the parties have fifteen TWENTY-ONE days within which to file objections. If none are received, the record shall be certified forthwith by the judge. If objections are made, the parties shall be called for hearing and the objections settled by the county judge as soon as possible and the record then certified.

(4) A written brief setting out matters relied upon as constituting error and outlining any arguments to be made shall be filed in the district court by the appellant within twenty TWENTY-ONE days after filing of the record therein. A copy of the brief shall be served on the appellee. The appellee may file an answering brief within twenty TWENTY-ONE days after such service. In the discretion of the district court, time for filing of briefs and answers may be extended.





SECTION 4. In Colorado Revised Statutes, 13-10-114, amend (4)and (5) as follows:

13-10-114. Trial by jury. (4) For the purposes of this section, a defendant waives his OR HER right to a jury trial under subsection (1) of this section unless, within twenty TWENTY-ONE days after entry of a plea, the defendant makes a request to the court for a jury trial, in writing, and tenders to the court a fee of twenty-five dollars, unless the fee is waived by the judge because of the indigence of the defendant. If the action is dismissed or the defendant is acquitted of the charge, or if the defendant having paid the jury fee files with the court at least ten SEVEN days before the scheduled trial date a written waiver of jury trial, the jury fee shall be refunded.

(5) At the time of arraignment for any petty offense in this state, the PAGE 3-SENATE BILL 12-175 judge shall advise any defendant not represented by counsel of the defendant's right to trial by jury; of the requirement that the defendant, if he OR SHE desires to invoke his OR HER right to trial by jury, request such trial by jury within twenty TWENTY-ONE days after entry of a plea, in writing; of the number of jurors allowed by law; and of the requirement that the defendant, if he OR SHE desires to invoke his OR HER right to trial by jury, tender to the court within twenty TWENTY-ONE days after entry of a plea a jury fee of twenty-five dollars, unless the fee is waived by the judge because of the indigence of the defendant.

SECTION 5. In Colorado Revised Statutes, amend 13-10-117 asfollows:

13-10-117. Time - docket fee - bond. Appeals may be taken within ten FOURTEEN days after entry of any judgment of a municipal court. No appeal shall be allowed until the appellant has paid to the clerk of the municipal court one dollar and fifty cents as a fee for preparing the transcript of record on appeal. If the municipal court is a court of record, the clerk of the municipal court is entitled to the same additional fees for preparing the record, or portions thereof designated, as is the clerk of the county court on the appeal of misdemeanors, but said fees shall be refunded to the defendant if the judgment is set aside on appeal. No stay of execution shall be granted until the appellant has executed an approved bond as provided in sections 13-10-120 and 13-10-121.

SECTION 6. In Colorado Revised Statutes, amend 13-10-122 asfollows:

13-10-122. Docket fee - dismissal. The appellant shall pay a docket fee as provided by law to the clerk of the appellate court, within ten FOURTEEN days from the date he OR SHE ordered the transcript of record. If he OR SHE does not do so, his OR HER appeal may be dismissed on motion of the municipality.

SECTION 7. In Colorado Revised Statutes, 13-22-223, amend (2)

as follows:

13-22-223. Vacating award. (2) A motion made under this section shall be filed within ninety NINETY-ONE days after the movant receives notice of the award pursuant to section 13-22-219 or within ninety PAGE 4-SENATE BILL 12-175 days after the movant receives notice of a modified or NINETY-ONE corrected award pursuant to section 13-22-220, unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion must be made within ninety NINETY-ONE days after either the ground is known or by the exercise of reasonable care should have been known by the movant.

SECTION 8. In Colorado Revised Statutes, 13-22-224, amend (1)

introductory portion as follows:

13-22-224. Modification or correction of award. (1) Upon motion made within ninety NINETY-ONE days after the movant receives notice of the award pursuant to section 13-22-219 or within ninety NINETY-ONE days after the movant receives notice of a modified or corrected award pursuant to

section 13-22-220, the court shall modify or correct the award if:

SECTION 9.

In Colorado Revised Statutes, 13-40-107, amend (1) (a), (1) (b), and (1) (c) as follows:

13-40-107. Notice to quit. (1) A tenancy may be terminated by notice in writing, served not less than the respective period fixed before the

end of the applicable tenancy, as follows:

(a) A tenancy for one year or longer, three months NINETY-ONE DAYS;

(b) A tenancy of six months or longer but less than a year, one month TWENTY-EIGHT DAYS;

(c) A tenancy of one month or longer but less than six months, ten SEVEN days;

SECTION 10.

In Colorado Revised Statutes, 13-40-111, amend (1); and repeal (2) as follows:

13-40-111. Issuance and return of summons. (1) Upon filing the complaint as provided in section 13-40-110, the clerk of the court or the attorney for the plaintiff shall issue a summons. The summons shall command the defendant to appear before the court at a place named in such summons and at a time and on a day which shall be not less than five PAGE 5-SENATE BILL 12-175 business SEVEN days nor more than ten calendar FOURTEEN days from the day of issuing the same to answer the complaint of plaintiff. The summons shall also contain a statement addressed to the defendant stating: "If you fail to file with the court, at or before the time for appearance specified in the summons, an answer to the complaint setting forth the grounds upon which you base your claim for possession and denying or admitting all of the material allegations of the complaint, judgment by default may be taken against you for the possession of the property described in the complaint, for the rent, if any, due or to become due, for present and future damages and costs, and for any other relief to which the plaintiff is entitled. If you are claiming that the landlord's failure to repair the residential premises is a defense to the landlord's allegation of nonpayment of rent, the court will require you to pay into the registry of the court, at the time of filing your answer, the rent due less any expenses you have incurred based upon the landlord's failure to repair the residential premises."

(2) For purposes of this section, "business days" means any calendar day excluding Saturdays, Sundays, and legal holidays.

SECTION 11. In Colorado Revised Statutes, 13-40-112, amend (3)

as follows:

13-40-112. Service. (3) Personal service or service by posting shall be made at least five business SEVEN days before the day for appearance specified in such summons, and the time and manner of such service shall be endorsed upon such summons by the person making service thereof.

SECTION 12. In Colorado Revised Statutes, 13-40-115, amend (3)

as follows:

13-40-115. Judgment - writ of restitution. (3) A writ of restitution that is issued by the court pursuant TO subsection (1) or (2) of this section shall remain in effect for forty-five FORTY-NINE days after issuance and shall automatically expire thereafter.

SECTION 13.

In Colorado Revised Statutes, 13-51.5-103, amend (1) as follows:

13-51.5-103. Request for administrative record - certification time limits. (1) Unless the court specifically orders otherwise upon a PAGE 6-SENATE BILL 12-175 showing of good cause for delay, a defendant governmental body or officer shall file the record pursuant to rule 106 (a) (4) (III), C.R.C.P., or any successor rule thereto within thirty THIRTY-FIVE days after the filing of the complaint.

SECTION 14.

In Colorado Revised Statutes, 13-54.5-102, amend (2) as follows:

13-54.5-102. Continuing garnishment - creation of lien.

(2) Garnishment pursuant to subsection (1) of this section shall be a lien and continuing levy against said earnings due for one hundred eighty EIGHTY-TWO days following service of the writ or for one hundred eighty EIGHTY-TWO days following the expiration of any writs with a priority under section 13-54.5-104, but such lien shall be terminated earlier than one hundred eighty EIGHTY-TWO days if earnings are no longer due, the underlying judgment is vacated, modified, or satisfied in full, or the writ is dismissed; except that a continuing garnishment may be suspended for a specified period of time by the judgment creditor upon agreement with the judgment debtor, which agreement shall be in writing and filed by the judgment creditor with the clerk of the court in which the judgment was entered and a copy of which shall be delivered by the judgment creditor to the garnishee.

SECTION 15. In Colorado Revised Statutes, 13-54.5-107, amend(2) as follows:



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