Court Policies and Procedures

Appointment Guidelines for Guardians ad Litem (undated)
Conservator and Guardian Fees
Duplicate Pleadings (Jan. 1996)
E-Filing: Best Practices
Mandatory e-Filing (May 31, 2003) To view all orders regarding E-filing, you can view Efile_Orders.pdf
E-Mail Policy (May 2000)
Expert Witness Testimony
Fees
File Research (Sept. 1996)
"Irregular" Wills (Sept. 8, 1997)
Medicaid related Petition under Article 14 of Title 15
Motions to Withdraw and Substitution of Counsel
Non-Appearance Hearings (undated)
Prior Law Clerk Representation Before the Court (June 2006)
Restricted Access to Mental Health Files (Jan. 28, 1998)
Returns of Service (Nov. 1996)
Requests for Court Documentation (April, 1998)
Setting on Court Docket
Stipulations (June 2006)
Suppressing Protective Proceedings (September 2008)
Vacating Hearings (October,1998)
VideoConferencing (2001)

Appointment Guidelines for Guardians ad Litem in the Denver Probate Court

This document defines the role of a guardian ad litem in the Denver Probate Court. The label "disabled person" encompasses protected persons, incapacitated persons, and minors.

Role and Responsibilities.

(1) A guardian ad litem is . . . a special fiduciary appointed by the court to represent and protect the interest of a minor, an allegedly incapacitated person, or a person to be protected.

(2) A guardian ad litem shall diligently take such steps as he deems necessary under the circumstances to represent and protect the interest of the person for whom he was appointed.

The common law supplements these guidelines; it adds restrictions and imposes duties.

First, the guardian ad litem's representation of the disabled person is limited to the matter in which the Court appointed the guardian ad litem.

Second, the Court is the ultimate protector of disabled persons; the guardian ad litem facilitates the Court's efforts in this regard. The guardian ad litem is an officer of the Court who reports to the Court and carries out its directions. The guardian ad litem is the Court's unbiased eyes and ears. Without the guardian ad litem’s reports the Court may not be aware of all the facts, as the other parties in the case will be interested primarily in developing those facts which aid their position. It is this disinterested fact-finding function that makes the guardian ad litem invaluable to the administration of justice. The guardian ad litem must be totally unbiased while investigating and reporting the facts.

Third, the guardian ad litem's duties are personal. The guardian ad litem should not delegate any substantial duties to another person without first securing the Court's assent.

Fourth, the guardian ad litem's work product shall generally be available for inspection by all interested parties. In the absence of unusual circumstances, secrecy will not be helpful to the Court in reaching the best result. If circumstances warrant, the Court will appoint an attorney to represent the disabled person, and the attorney will protect the disabled person's privacy interests to the same extent as any other litigant.

Fifth, the guardian ad litem is not the disabled person's attorney. Similarly, the guardian ad litem does not represent the interests of any other person related to or associated with the disabled person. Even if the guardian ad litem concludes that one party in the matter advances a position more in keeping with the disabled person's best interests, the guardian ad litem should not align with that party or appear to align with that party. A guardian ad litem who becomes a litigant in the case loses his or her usefulness to the Court.

Reports. In its Order appointing the guardian ad litem, or in subsequent Orders, the Court may request that the guardian ad litem report to the Court. Unless otherwise ordered by the Court these reports will be made in written form and will be available for review by all interested persons. If the guardian ad litem discovers facts which he or she believes should be brought to the immediate attention of the Court, the guardian ad litem should file an immediate report even if the Court has not ordered or requested one.

Evidence. The Court will consider the guardian ad litem's reports as ordinary documentary evidence in connection with the Court's management of the case. If the report of a guardian ad litem is used as evidence during a Court hearing it may be subject to objections and cross-examination as other evidence.

Compensation. Where appropriate, the Court will order the conservator or guardian of the disabled person to pay guardian ad litem fees to the guardian at a rate set by the Court. For disabled persons whose financial resources falls below the poverty level defined by the Colorado Supreme Court, the State will pay the guardian ad litem at a special rate. Whether paid from the disabled person's own resources or by the State, the Court recognizes the sacrifice made by professionals who accept these appointments and thanks guardians ad litem in advance for accepting the allowed fees and performing this valuable public service.

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Conservator and Guardian Fees

Court staff is often asked, "What is an appropriate rate to charge for services as guardian and conservator?" An appropriate answer is usually something like "It depends on the circumstances."

Here are a few general guidelines:

Family members generally serve without a "fee" although a family member usually keeps a record of out-of-pocket costs and applies for reimbursement.

For persons who are appointed to these fiduciary positions who expect and are entitled to be paid a fee for services, the rate can range from $15.00 per hour to over a hundred dollars per hour depending on a number of factors, including: the complexity of the service provided, the amount of responsibility assumed, the outcome or result achieved, time lost from regular employment, rate earned at regular employment, and fees typically charged in the community by similarly skilled persons providing similar services. Conservators and guardians should not expect to charge a fee for time spent in the routine preparation of a fee invoice or a petition for approval of fees. These standards are set out in the Colorado Probate Code and are discussed in Colorado case law.

Professional persons (such as lawyers and accountants), appointed as conservator or guardian, may ordinarily charge their regular hourly rate only for services provided in their professional capacity. For example, an attorney may charge his or her regular billing rate for drafting legal documents but not for attending a care conference or balancing a checkbook. Keeping in mind the factors set forth above, the attorney would either reduce his or her regular billing rate to the "market rate" or, if appropriate, delegate the tasks to his or her clerical or bookkeeping staff or hire another person to provide the service at the "market rate."

The Court's primary interest in overseeing protective proceedings is to insure that the protected/incapacitated person receives appropriate care and protection over the balance of his or her life at reasonable, competitive market costs. The Court is not interested in spending the least amount possible, but is also not willing to allow a fiduciary to spend more than is realistically necessary on services that could be provided under the circumstances for a lesser amount.

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Duplicate Pleadings

Pleadings which need to be brought to Judge Stewart's and/or Magistrate Franklin's attention on an expedited basis should be filed in duplicate. The attorney or the courier for an attorney filing by hand delivery should take the second copy directly the Judge Stewart's division clerk and/or Magistrate Franklin's division clerk.

Routine pleadings should continue to be filed in single copies.

Revised 1/96

E-Filing: Best Practices

Electronic filing is mandatory in the Denver Probate Court effective July 1, 2003 (except in sealed cases). If you chose not to e-file, court staff will e-file your document(s) for you for $50 per filing. (A “filing” is one or more documents filed in a case at one time.)

To be temporarily added to an existing case, FAX your request to 720-865-8576. Include the case name and number, your name, attorney bar number, and your client’s name, address and phone number. You will be given 30 days access to the case. To enter your appearance in an existing case, call the clerk's office at 720-865-8310. We will add your name to the system so that you may e-file your entry of appearance.

General Filing Guidelines. At this time, you may not e-file demands for notice unless there is an existing case, nor trust registration statements.

When creating a new case, a Petition or an Application should always be the originating document. Supporting documents (acceptances of appointment, renunciations/nominations, scanned wills, notices of hearing, etc) may be included in the same filing ID but should be identified individually by the correct Filing Type and Title. Titling documents with precision adds efficiency to the process. For example, a waiver could be described in the title section as: Waiver signed by Jane Doe.

Insure that the documents are complete. Include all dates, names of signing parties, proper hearing times, correct case number, proper document title, and notary name, commission expiration and date of notarization, for example.

For difficulties compressing long documents, contact LexisNexis Customer Service at 1-888-529-7587.

Decedents’ Estates. According to C.R.S.15-12-516, the original will must be filed with the court within 10 days from the date of death. Meanwhile, a scanned copy of the will should be filed with the Application or Petition for Probate. You must include the decedent’s name as a Party (Party Type = Decedent). Associate yourself to your client’s name, not the decedent’s name.

If there is more than one codicil, include the most recent codicil’s date on the additional information tab. List other codicil dates in the Title section.

Letters. Submit a cover with your request for letters as a separate filing type, specifying the number of letters needed and whether you would like them mailed or left in “will-call”. You must submit proposed letters, using the one-page court-approved form. (Filing Type = Filing Other. Document Title = Proposed) The fee for letters is $10.00 plus $.75 per page plus postage.

Rejected Documents. Documents may be rejected if they are incomplete. The reviewing clerk will always include a comment explaining why the document was rejected. Read the comment at the end of Rejected Documents link.

When the date or time of filing of an electronic document is in issue in a case, the earliest date and time the pleading or other document was electronically filed by counsel is presumed to control without regard to rejection of a document by a court clerk.

Click here to read short article: Let Us Help You Love E-Filing

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Mandatory e-Filing

Effective July 1, 2003, the following guidelines shall apply to all Denver Probate Court cases, except mental health cases:

1) Attorneys shall file with the Denver Probate Court all pleadings and other documents using the LexisNexis CourtLink eFile service. Counsel should refer to the electronic filing rules set forth at C.R.C.P. 121 §1-26.

2) Parties who are not represented by an attorney shall continue to file documents in the traditional paper format. The Clerk of Court will scan and upload these documents to the LexisNexis CourtLink eFile service.

The LexisNexis CourtLink web site, http://www.courtlink.com, provides information regarding computer requirements, fees, service of documents, and training opportunities. LexisNexis CourtLink customer service representatives may be contacted at (720) 904-3340 for technical assistance and to schedule free training.

To view all orders regarding E-filing, you can view Efile_Orders.pdf

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E-Mail Policy

The Denver Probate Court has published the e-mail addresses of all staff members as an accommodation to practitioners and pro se litigants. E-mail is a good way to ask questions and generally communicate with staff. Do not send e-mail and then telephone the staff about the same issue; your e-mail privileges may be revoked.

E-mail cannot be used to file pleadings or otherwise meet filing deadlines. Pleadings must be filed by mail, in person, or by facsimile. If you are interested in filing pleadings electronically, contact JusticeLink on line (www.JusticeLink.com) or at 1-800-581-1035, for information about e-filing.

Issued: May 2000

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Expert Witness Testimony

Parties before the Court are permitted to introduce expert testimony only when the Court is persuaded that it (or jurors in a jury trial) will benefit from help on the topic for which the expert testimony is proposed. The standard for determining whether expert testimony would aid the trier of fact is relative, depending on the particular subject, the particular witness, and the facts of the litigation.

This policy conforms directly to Colorado Rules of Evidence, Rule 701, which states:

"If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise."
In a case in which the defendant tried to introduce an expert witness to give a legal opinion as to whether a reasonable expectation of privacy existed in a public restroom, the Colorado Court of Appeals found that the trial court properly excluded the testimony because it was unnecessary and "improperly usurp[ed] the function of the court." 939 P.2d 443 (Colo. Ct. App. 1996).

This situation arises most commonly in the Probate Court when parties attempt to use an attorney as an expert in probate law with the expectation that the "expert" will deliver opinion testimony on some or all of the issues in the case. Inherent in the Probate Court's jurisdiction is the specialized knowledge of Colorado trust, estate and probate law. Introduction of a third parties' interpretation of the law does not assist the Court to understand the evidence or determine a fact in issue. Because the testimony does not aid the trier of fact, the Court generally will not allow expert witness testimony of this nature into evidence.

The Court appreciates well-presented, well-researched trial briefs and will, in appropriate circumstances, allow counsel to file trial briefs or supplemental trial briefs after the presentation of evidence. Counsel may associate with "experts" for purposes of presenting argument or briefing. These advocacy functions should not be confused with appropriate use of expert testimony.

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Fees

As required by C.R.S. §§ 13-32-102 and 104, the Denver Probate Court assesses the following fees:

Probate Fees

District & County Court Miscellaneous Fees

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File Research in the Denver Probate Court

In order to protect the integrity of the Court's files, minimize interruptions to the orderly process of litigation in the Court, provide complete access to public records and information, and conform with the Chief Justice's Directive Concerning The Adoption Of Standard Research Fees, the Probate Court adopts the following policy.

I. Interested parties may review files and make telephone or fax inquiries at no charge. Because the Court's primary business is to serve its litigants, Court staff will serve the research demands and attend to the filing and docketing requirements of interested parties first.

II. Attorneys (or their staff) considering representation of a party may review files and make telephone or fax inquiries at no charge, subject to confirmation that he or she is requesting the file for the sole purpose of considering representation of a party.

III. Other non-commercial persons searching files for personal reasons (e.g., personal genealogical research) may review, at no charge, four (4) files per month, up to twelve (12) files per year. The Court requires each person requesting files under this section to affirm that he or she seeks the files for non-commercial purposes. After the free allotment, the policy for commercial searchers applies.

IV. Agencies of federal, state, and local governments may review files at no charge, but subject to a schedule and procedure which accommodates the needs of the Probate Court and the agency. The Court asks the representatives of agencies seeking to access the Court's records to contact the Clerk of the Probate Court to arrange a mutually satisfactory procedure.

V. The Court will collect $5.00 per name, or $20.00 per hour, whichever is greater, from commercial searchers.

VI. Access to restricted files is allowed only according to the restriction Order accompanying the file or upon consent by the Court.

VII. An "interested party" is a party; in a decedent's estate, an heir, devisee, personal representative, special administrator, nominated personal representative or special administrator, or an individual or entity who has filed a claim; in a guardianship case, the persons listed in C.R.S. § 15-14-309; in a conservatorship case, the persons listed in C.R.S. § 15-14-405; in a trust case, a beneficiary, trustee, or nominated trustee. "Interested party" includes persons who have been identified as a potential witness in a pleading. "Interested party" includes members of the media; proof of publication or broadcast will be required. In all cases, "interested party" also includes a guardian or conservator of an interested party, an attorney of record of an interested party, a court-appointed guardian ad litem of an interested party, and the natural parents of an interested party who is a minor.

Revised September 1996

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Irregular wills

Lost or destroyed wills:

C.R.S. §15-12-402(3) governs the probate of lost, destroyed or otherwise unavailable wills. The Court requires formal proceedings to probate such wills. See C.R.S. §15-12-401 et. seq.

After notice to all interested persons, the following elements must be established to the satisfaction of the Court:

1. That the original was properly executed or qualified as a holographic will. See C.R.S. § 15-11-502.

2. That the decedent did not revoke the will.

3. The contents of the will.

If a photocopy of the missing, fully executed will is available, the elements may be established through affidavit and the matter set on the Court's non-appearance docket. See Colorado Rules of Probate Procedure 8.8.

If a photocopy of the missing, fully executed will is not available, the matter must be set on the Court's appearance docket. If all interested persons consent to the will's admission, the Court may waive a hearing and accept verified statements in lieu of testimony.

Improperly executed wills:

C.R.S. §15-11-503 governs the probate of improperly executed wills. The Court requires formal proceedings to probate such writings. See C.R.S. §15-12-401 et. seq.

After notice to all interested persons, the following element must be established by clear and convincing evidence:

1. That the decedent intended the writing to constitute his or her will.

If the original of the improperly executed writing is unavailable, the following elements must also be established to the satisfaction of the Court:

1. That the decedent did not revoke the will.

2. The contents of the will.

The matter must be set on the Court's appearance docket. If all interested persons consent to the will's admission, the Court may waive a hearing and accept verified statements in lieu of testimony.

Revised Sept. 8, 1997

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Motions to Withdraw and Substitutions of Counsel

The Denver Probate Court will consider an attorney's motion to withdraw from representation pursuant to C.R.P.P. 14 and counsel substitutions as described below.

Service; Contents

Motions to withdraw must be served on the client and others as may be directed by the Court. Notice to the client must alert the client to the following:

(a) That the attorney wishes to withdraw;

(b) That the court retains jurisdiction;

(c) That the client has the burden of keeping the court informed where notices, pleadings or other papers may be served;

(d) That the client has the obligation to prepare for trial or hire other counsel to prepare for trial when the trial date has been set;

(e) That if the client fails or refuses to meet these burdens, the client may suffer possible default;

(f) Of the dates of any proceedings (list dates and times), including trial, and that holding of such proceedings will not be affected by the withdrawal of counsel;

(g) That service of process may be served upon the client at his last known address; and

(h) Of the client's right to object within 15 days of the date notice is received.

Timing

The Court will rule on the motion 18 days after the date of mailing as indicated by the certificate of mailing (3 days for mail time, plus the 15 day window for objections). Objections, if any, must be filed in writing. Neither the moving attorney nor any objectors need to set the matter for a hearing unless directed to do so by the Court.

If Motion is Granted

The Court will issue an Order Granting Withdrawal via Courtlink's Efile service. Attorneys should submit a proposed order. After the Court issues an Order Granting Withdrawal, and except as provided below, the attorney must give notice of the Order to all other counsel of record, persons demanding notice, and such others as the Court may direct. When the withdrawal leaves a personal representative without an attorney, the Court will send the Order and a Notice to all heirs and devisees, alerting them that the estate is no longer represented by counsel.

Substitution of Counsel

Counsel withdrawing from representation in favor of another attorney with the client's consent may file with the Court a Motion for Substitution of Counsel. The Court will rule on the motion without hearing. After a 10-day window during which interested persons may object in writing to the substitution, the Court will issue an Order Granting Substitution of Counsel via Courtlink to the withdrawing attorney, who will be directed to serve a copy of the Order on all interested persons.

Revised April 4, 2003.

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Non-Appearance Hearings

The Denver Probate Court hears non-appearance matters at 8:00 a.m., Monday through Friday; however, non-appearance matters are not heard on legal holidays. Please set your non-appearance hearings accordingly. The Colorado Probate Code Form CPC 2-N notice sent to interested persons and to the Court is sufficient to set the matter; movants need not contact the division clerks. The responsibility to give notice to both the Court and all of the interested parties of the non-appearance setting rests on the movant. Failure to properly set and give notice of a non-appearance hearing may result in no response from the Court.

RULE 8.8: NON-APPEARANCE HEARINGS

(a) Unless otherwise required by statute, these Rules or order of court, matters that are routine and which are expected to be unopposed may be set for a Non-Appearance Hearing. Such Non-Appearance Hearings shall be conducted as follows:

(1) Attendance at the hearing is not required or expected.

(2) Any interested person wishing to object to the requested action set forth in the motion or petition attached to the notice must file a specific written objection with the court at or before the hearing, and shall furnish a copy of the objection to the person requesting the court order.

(3) If no objection is filed, the court may take action on the motion or petition without further notice or hearing.

(4) If any objection is filed, the objecting party shall, within 10 days after filing the objection, set the objection for an Appearance Hearing.

(5) Failure to timely set the objection for an Appearance Hearing as required by section (4) of this rule shall result in the dismissal of the objection with prejudice without further hearing.

(b) The notice of a Non-Appearance Hearing shall include a clear statement of the rules governing such hearings. Form 2N in the Appendix to these Probate Rules may be used and shall be sufficient. The authorization of this Form shall not prevent use of another Form consistent with this rule.

Advice to Counsel Re: Non-Appearance Hearings

Because non-appearance hearings are set by you without Court staff involvement, the Notice of Non-Appearance hearing is the only notice we receive of the scheduling of this event. In most cases the matter is brought to the attention of either the Magistrate or the Judge at the appointed date and time. If you have not received an order within 1 week after the non-appearance hearing date, please contact the court.

In most cases, a copy of the order will be transmitted to you electronically.

Policy Revised 3/4/03

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Prior Law Clerk Representation Before the Court

The Denver Probate Court is privileged to have been served by a diverse group of law clerks and interns throughout the years who have then reappeared before the Court as successful private practitioners representing clients in matters before the Court. The following is the Denver Probate Court’s policy regarding handling such situations.

Under Canon 3 of the Code of Judicial Conduct, the Denver Probate Court will disclose to all interested parties the identity of a former law clerk or intern at the first opportunity the information becomes apparent to the Court. Because the Court may not see such a circumstance until the case has proceeded along the path of litigation, a former law clerk/intern or the firm where he/she is employed is encouraged to make this disclosure at an early opportunity.

Under Rule 1.12 of the Colorado Rules of Professional Conduct, “a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer, arbitrator or law clerk to such a person, unless all parties to the proceeding consent after the disclosure.”

Accordingly, when a law firm who employs a former law clerk/intern of the Denver Probate Court represents a client in a case that was pending at the time the law clerk/intern was employed by the Court, the law firm must (1) disclose and (2) obtain consent to continue the representation or withdraw from the representation.

June, 2006

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Restricted Access to Certain Court Files

The Court FINDS that the harm to the privacy of each person in whose interest one of the four special statutory proceedings listed below are brought in the name of the People of the State of Colorado outweighs the public interest in having open access to the related court file in each of those particular cases.

Consequently, pursuant to the authority vested in this Court by Chief Justice Directive 05-01, by Colorado Rule of Civil Procedure Rule 121, Section 1-5, and to implement the provisions of C.R.S. § 27-10-107(7), the Court hereby imposes the following blanket rules for all cases involving matters before the Court pursuant to either:
C.R.S. § 27-10-101 et seq. (Care and Treatment of the Mentally III Act)
C.R.S. § 27-10.5-101 et seq. (Care and Treatment of the Developmentally Disabled Act)
C.R.S. § 25-1-301 et seq. (Alcoholism and Intoxication Treatment Act)
C.R.S. § 25-1-1100.2 et seq. (Drug Abuse Prevention, Education and Treatment Act)
WHEREFORE, IT IS ORDERED that all records and papers in proceedings under any of the above four statutory provisions shall be separately maintained by the Clerk of the Court, and that access thereto shall be restricted in the following manner:

1. ACTIVE CASE FILES:
1. Only the following persons are permitted free access to the court files for an individual (the "respondent") for whom an active Probate Court case has been initiated and is being maintained pursuant to any of the four statutes specified above:
1. The respondent;
2. The respondent's court-appointed attorney, or the attorney of record if any;
3. The respondent's court-appointed guardian, if any;
4. The Assistant City Attorneys in the Mental Health Unit.

Proper identification may be required, at the discretion of the court clerk, before release of the file.

1. The petitioner who initiated proceedings of this kind may be granted access to such a file, at the Court's discretion, and for good cause shown.
2. Access to a restricted file requested by any other person can be allowed for good cause shown only if authorized by Court Order after giving notice and opportunity for hearing to the interested person listed in paragraph 1(a) (above).

2. INACTIVE CASE FILES:
C.R.S. § 27-10-107(7) provides that upon the termination of certifications under the provisions of C.R.S. § 27-10-110, the court file and records be sealed until the Court orders them opened for good cause shown.
It is the policy of this Court to accord that same treatment to inactive case files involving any of the other three special statutory proceedings mentioned above.

Therefore, as to any such inactive case file:

1. The former respondent can have access to the sealed inactive case file by making a written request the Denver Probate Court Division Clerk, after presenting proper identification.
2. Request made by any other person seeking access to a sealed inactive case filed must be approved by the Judge of the Probate Court, who will open such file only for good cause shown.

IT IS FURTHER ORDERED that this blanket order shall become effective immediately.

Revised December 2, 2008, January 28, 2007 and November 1, 2007. 
Original Order entered March 14, 1996.

BY THE COURT
____________________________
C. Jean Stewart
Judge, Probate Court

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Returns of Service

To preserve a hearing date and time, returns of service for that hearing must be filed at least 48 hours, excluding holidays and weekends, prior to the time of the hearing. Failure to timely file returns of service will cause the matter to be stricken from the docket.

Adopted November 1996

Setting on Court Docket

Parties wanting to obtain a hearing must call the docket line at (720)865 8349 on MONDAYS ONLY from 9:00 a.m. – 11:00 a.m. 

Attorneys wanting to set an UNCONTESTED Guardian/Conservator, please set the matter on any Friday (giving enough time for proper notice) between 9:30am and 1:30pm, Room 232.  You will need to confirm the time by leaving a message at 720-865-8349 with the date, time and case number. FAILURE TO CONFIRM THE DATE AT THIS NUMBER MAY RESULT IN YOUR HEARING BEING VACATED!!!
 
If the parties require an interpreter, counsel is responsible for ensuring that an interpreter is present at the hearing. Counsel is also responsible for informing the Court when they call to set the hearing, that an interpreter will be present at the hearing.

Stipulations

A stipulation submitted in a probate case or in a protective proceeding will not be signed by the Court unless the matter is set on the non-appearance docket and all interested persons received notice? pursuant to Rule 8.8 CRPP and Rule 6 CRCP.

If counsel wants a forthwith order or an order approving the stipulation without notice, the Court will add the following sentence to the Order Approving Stipulation:

THIS ORDER BINDS THE PARTIES WHO SIGNED THE STIPULATION.

June 2006

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Vacating Hearings

All telephone requests to vacate or to continue hearings scheduled before the Magistrate or the Judge should be referred to the appropriate Division Clerk.

I. In the Magistrate's Division:

An appearance hearing can be stricken from the docket if the request is made orally (by phone or in person) by the party and/or attorney who set the hearing. The Division Clerk will determine if there is an objection by opposing counsel or pro se parties. A Motion to Continue, or a Motion to Vacate a Motion to Withdraw the Petition, must be filed along with proposed orders. If a settlement has been reached, an agreement is to be filed with the Court with a Motion for Approval and proposed order.

II. In Judge Stewart's Division:

Requests to strike a hearing date/time are normally handled by the Division Clerk similarly to the Magistrate's Division with these exceptions:

-The attorney requesting a continuance orally may be required to check with other attorneys/parties for consent and provide signatures or a stipulated motion; in some matters, the attorneys may be required, by the Judge, to get client's signatures to show that the client supports the attorney's request for a delay. Appropriate motion and proposed order must follow.

-When settlement on the merits is the basis given for a request to vacate a hearing/trial date, the hearing is not vacated until a written stipulation is presented to the Judge. Otherwise counsel and parties must appear at the hearing and read or recite the settlement into the record.

III. Non-appearance hearings (set Monday through Friday at 8:00 am) can be stricken from the docket by telephone request by the Division Clerks only. A notation shall be made in the text of the Register of Actions as to who vacated the hearing and why. A Motion to Vacate, Motion to Continue or Motion to Withdraw the Petition shall follow.

If a staff member notices that a non-appearance hearing has been set on a legal holiday, it should be brought to the attention of the appropriate Division Clerk. Non-appearance hearings set on any legal holiday will be vacated by the Court on its own motion.

IV. The registrar shall maintain her non-appearance docket (set on Mondays at 2:00 p.m.)

Revised September, 1998
Effective October, 1998

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VideoConferencing

The following policies apply to the use of videoconferencing equipment in connection with probate court matters (mental health cases and protective proceedings):

1. The presumption the Court will apply, and counsel should apply, in every case is that all hearings will be held at the courthouse, in the courtroom, with all interested persons in attendance unless, prior to the scheduled hearing all interested persons receive
a. notice issued pursuant to these policies or
b. a Court order issued pursuant to these policies.

2. Notice: If either of the following 2 circumstances applies, the use of video-conferencing as part of a hearing in mental health or protective proceedings, may be done by NOTICE, without the necessity of a Court Order:
a. DR WISHES TO TESTIFY FROM THE HOSPITAL although Respondent will appear at the Courthouse.
b. RESPONDENT WISHES TO REMAIN AT THE HOSPITAL, regardless of whether or not others appear at the Courthouse.

If either circumstance above applies, there must be filed with the Court and served on opposing counsel a NOTICE in a form substantially similar to the sample form attached. Service of the Notice should be accomplished by facsimile transmission whenever feasible and must be received by the Court and by opposing counsel at least 48 hours (Court hours) prior to the hearing.

3. Motion: Except for the 2 circumstances set out in 2.a. and 2.b. above, the use of videoconferencing as part of a hearing in mental health or protective proceedings, must be done by MOTION. There must be filed with the Court and served on opposing counsel a Motion in a form substantially similar to the sample form attached. Service of the Motion should be accomplished by facsimile transmission whenever feasible and must be received by the Court and by opposing counsel at least 5 calendar days prior to the hearing.

Motions for videoconference hearing in lieu of Court appearance must include a detailed statement of the reasons, e.g., “Respondent is in a coma,” or “Respondent’s medical condition [give appropriate details] is such that his/her health or safety is jeopardized by transport or absence from the hospital.”

The Court will not grant motions for videoconference hearing in lieu of Court appearance over the objection of Respondent for reasons of convenience.

Judge Stewart
Magistrate Franklin
February 2001

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Amended Blanket Order Regarding Petitions Filed Under Article 14 Of Title 15, C.R.S.

When Medicaid planning or Medicaid eligibility is set forth in a petition or motion as a factor or basis for requesting Court authority to transfer property of a protected person, the Colorado Department of Health Care Policy and Financing ("CDHCPF") is an interested person as that term is defined in C.R.S. 5 15-10-201(27). See 5 15-14-405(2). This Court directs that notice of hearing on any such petition or motion be given to the Colorado Department of Health Care Policy and Financing. By this Order the Court does not determine that CDHCPF is not an interested person in other probate matters, and does not limit the Court's power to determine that any other persons or entities are interested persons in these and other probate
matters.

Judge Stewart
March 4, 1997

Blanket Order Suppressing all Protective Proceedings - September 2008
View Order