C.r.c.p. 241
For purposes of C.R.C.P. 242 through C.R.C.P. 244, the following definitions apply:
"Administrative fee" is an amount equal to the civil filing fee in Colorado district courts, which is assessed to defray the costs of proceedings under C.R.C.P. 242.
"Advisory Committee" refers to the Supreme Court Advisory Committee on the Practice of Law, as identified in C.R.C.P. 242.3.
"Complaining witness" means a person who submits a request for investigation to the Regulation Counsel under C.R.C.P. 242.13(a)(1).
"Conviction" refers to any determination in a criminal matter, including at a federal, state, municipal, or other level, that a person is guilty, whether the determination rests on a verdict of guilty, a judicial finding of guilt, a plea of guilty, an Alford plea, or a plea of nolo contendere, irrespective of (1) whether entry of judgment or imposition of the sentence is suspended or deferred by the court, (2) whether the person is appealing the determination, and (3) whether sentencing has occurred.
"Costs" are those costs made available in civil cases, and may include travel expenses incurred by Hearing Board members and witnesses, fees for court reporters, fees for expert witnesses, and fees for independent medical examinations. "Costs" may also include expenses incurred during an investigation.
"Crime" refers to any offense that is punishable by imprisonment.
"Disciplinary proceeding" means any investigative or judicial proceeding under C.R.C.P. 242 except (1) preliminary investigations under C.R.C.P. 242.13and(2) proceedings involving nondisciplinary suspensions under C.R.C.P. 242.23 and C.R.C.P. 242.24.
"Expunge" and "expungement" refer to the destruction of all files, records, and other items of any type in a given proceeding.
"Final decision" means an order entered or opinion issued under C.R.C.P. 242.23 (decision on petition for or reinstatement from nondisciplinary suspension based on noncompliance with child support or paternity order), C.R.C.P. 242.31 (disciplinary opinion), C.R.C.P. 242.39 (opinion on petition for disciplinary reinstatement or readmission), C.R.C.P. 243.6 (decision on transfer to disability inactive status), or C.R.C.P. 243.10 (decision on petition for reinstatement from disability inactive status), or a dispositive order entered by the Presiding Disciplinary Judge under C.R.C.P. 12 or 56 that imposes a sanction or dismisses a disciplinary or disability proceeding.
"Including" means including but not limited to.
"Lawyer" means any person who is or has been (1) licensed to practice law or otherwise authorized to practice law in any jurisdiction in the United States; (2) a "foreign attorney" as defined in C.R.C.P. 205.5(1); or (3) a "foreign legal consultant" as defined in C.R.C.P. 204.2. The terms "lawyer" and "attorney" are used interchangeably.
"Law firm" refers to a partnership, professional company, sole proprietorship, or other entity through which any lawyer renders legal services; it also refers to a corporation, organization, or government office in which the lawyer renders legal services.
Licensed legal paraprofessionals ("LLPs") are individuals licensed by the Supreme Court pursuant to C.R.C.P. 207.1 to perform certain types of legal services only under the conditions set forth by the Court. They do not include individuals with a general license to practice law in Colorado.
"Mail" and "mailing" mean the sending of a document or other item through the U.S. Postal Service, through a commercial delivery service, or by electronic means.
"Notice," "notify," and derivatives of those terms are addressed in C.R.C.P. 242.42(a).
"Proceeding," for purposes only of C.R.C.P. 242, means any investigative or judicial proceeding under C.R.C.P. 242, including preliminary investigations under C.R.C.P. 242.13 and matters involving nondisciplinary suspensions under C.R.C.P. 242.23 and C.R.C.P. 242.24.
"Regulation Committee" refers to the Legal Regulation Committee, as identified in C.R.C.P. 242.4.
"Regulation Counsel" refers to the Attorney Regulation Counsel, as identified in C.R.C.P. 242.5.
"Respondent" means a lawyer in a disciplinary proceeding under C.R.C.P. 242.
"Restitution" means the return of fees, money, or other things of value that were paid or entrusted to a lawyer.
"Rules Governing the Practice of Law" refers to Chapters 18 through 20 of the Colorado Rules of Civil Procedure.
"Serious crime" means any felony; any lesser crime a necessary element of which, as determined by its statutory or common law definition, involves interference with the administration of justice, false swearing, misrepresentation, fraud, extortion, misappropriation, or theft; an attempt or conspiracy to commit such a crime; or solicitation of another to commit such a crime.
"Supreme court" refers to the Colorado Supreme Court.
"This part" means a grouping of several sections of a rule under a Roman numeral heading, for example "Part VIII. Appeals to the Supreme Court."
"This rule" means all sections of the broader rule in which the reference is found, for example C.R.C.P. 242 or C.R.C.P. 243.
"This section" means a single section of a rule, for example C.R.C.P. 242.1.
"This subsection" means a portion of a section, for example C.R.C.P. 242.1(a) or C.R.C.P. 242.1(a)(1).
"Tribunal" means a court, an arbitrator in a binding arbitration proceeding, or a legislative body, administrative agency, or other body acting in an adjudicative capacity. A legislative body, administrative agency, or other body acts in an adjudicative capacity when, after the party or parties are given the opportunity to present evidence or legal argument, a neutral official renders a binding legal judgment directly affecting a party's interests in a particular matter.
C.r.c.p. 241