Colo. Mun. Ct. R. P. 257

As amended through Rule Change 2024(12), effective July 28, 2024
Rule 257 - Rules of Court

All municipal court local rules, including local municipal procedures and standing orders having the effect of municipal court local rules, enacted before February 1, 1992, are hereby repealed. Each municipal court, by a majority of its judges, may from time to time propose municipal court local rules and amendments of municipal court local rules. Proposed rules and amendments shall not be inconsistent with the Colorado Rules of Municipal Court Procedure or with any directive of the Supreme Court regarding the conduct of formal judicial proceedings in municipal courts. A proposed local rule or amendment shall not be effective until it is approved by the Supreme Court. To obtain approval, three copies of any proposed local rule or amendment shall be submitted to the Supreme Court through the Clerk of the Supreme Court. Reasonable uniformity of municipal court local rules is required. The Supreme Court's approval of a municipal court local rule or local procedure shall not preclude review of that rule or procedure under the law or circumstances of a particular case. Nothing in this rule is intended to affect the authority of a municipal court to adopt internal administrative procedures not relating to the conduct of formal judicial proceedings as prescribed by the Colorado Rules of Municipal Court Procedure.

Colo. Mun. Ct. R. P. 257

Entire chapter amended June 30, 1988, effective 1/1/1989; entire rule amended January 9, 1992, effective 2/1/1992; amended and adopted by the Court, En Banc, 1/6/2022, effective immediately.

ANNOTATION Effect of failure to submit proposed rules to supreme court. The fact that a municipal court had not submitted a proposed rule dealing with amendments to a "summons and complaint" to the Colorado supreme court pursuant to section (a) did not mean that the municipal court was without authority to permit amendments. Paukovich v. County Court, 44 Colo. App. 208, 615 P.2d 54 (1980). Absent rules, power to be exercised in court's discretion. The absence of procedural rules as to the exercise of power to permit the consolidation of charges, to permit amendments thereto, or to permit the charging party to withdraw any one or more of the charges made, does not destroy the power, but merely indicates that the manner of its exercise rests in the sound discretion of the court. Paukovich v. County Court, 44 Colo. App. 208, 615 P.2d 54 (1980). The power to permit the consolidation of charges, to permit amendments thereto, or to permit the charging party to withdraw any one or more of the charges made need not be expressly granted as each is inherently a part of the power to receive and hear such charges. Paukovich v. County Court, 44 Colo. App. 208, 615 P.2d 54 (1980).