CHANGES TO NOTICE REQUIREMENTS IN PROBATE PROCEEDINGS

Appearance Hearings

Under the Colorado Probate Code (“CPC”) (e.g., C.R.S. §15-10-401) and the Colorado Rules of Probate Procedure (“C.R.P.P.”) (e.g., Rule 8.8) litigants must give 10 days notice for hearings in probate court. Because neither CPC nor C.R.P.P. addresses the actual counting of days, probate courts have always applied the counting rules in the Colorado Rules of Civil Procedure (“C.R.C.P.”) as directed in C.R.P.P. 1(a). E.g., historically C.R.C.P 6(e) required a litigant to add 3 days when counting a notice requirement for notice through the U.S. mails. This rule was always applied to probate notices as well.

In the fall of 2005 the Civil Rules Committee adopted a change to C.R.C.P. 6(a). Under the revised rule, commencing on January 1, 2006, any notice period less than 11 days is to be counted by excluding weekends and holidays. Where the notice requirements under CPC and C.R.P.P. provide for 10-days’ notice, you must now exclude weekends and holidays pursuant to C.R.C.P.Rule 6(a) in computing time limits for notice and service.

Until further notice, the following policy will govern notice in the Denver Probate Court:

Appearance hearings: If you fail to follow the revised C.R.C.P. 6(a), your appearance hearing will be vacated and must be reset and proper notice under CPC and revised C.R.C.P. 6(a) must be given.

Another amendment has been made to C.R.C.P. 6(e) regarding counting notice time. Under revised C.R.C.P. 6(e) 3 additional days must be added to whatever time is required for notice whether notice is given by mail, by fax or electronically. Accordingly, until further notice, the prior policy of the Denver Probate Court allowing only 10 days notice when all interested parties have been served electronically, is no longer in effect.

C. Jean Stewart, Presiding Judge

June 2006

Non-Appearance Hearings

Instead of excluding holidays and weekends when counting the days, they will be counted. Meaning that the time between the notice of hearing and the hearing will be shortened a bit.  As an example, if a non-appearance motion or petition is filed with the proper Notice of Hearing (Form JDF form 712), the first date on which that NA hearing could be held would be 13 days out (date the motion or petition is submitted is not counted. Add 10 days  + 3 days for mailing and the NA hearing could be set on the NA docket for the NEXT business day).  
This new procedure will take place immediately