Colo. R. Civ. P. 79

As amended through Rule Change 2024(9), effective May 2, 2024

Rule 79 - Records

(a) Register of Actions. The clerk shall keep a record known as the register of actions and shall enter therein those items set forth below. The register of actions may be in any of the following forms or styles:

(1) A page, sheet, or printed form in a book, case jacket, or separate file.

(2) A microfilm roll, film jacket, or microfiche card.

(3) Computer magnetic tape or magnetic disc storage, where the register of actions items appear on the terminal screen, or on a paper print-out of the screen display.

(4) Any other form or style prescribed by supreme court directive. A register of actions shall be prepared for each case or matter filed. The file number of each case or matter shall be noted on every page, film, or computer record whereon the first and all subsequent entries of actions are made. All papers filed with the clerk, all process issued and return made thereon, all costs, appearances, orders, verdicts, and judgments shall be noted chronologically in the register of actions. These notations shall be brief but shall show the nature of each paper filed or writ issued and the substance of each order or judgment of the court and of the returns showing execution of process. The notation of an order, or of the entry of judgment, shall show the date the order or judgment was ordered in open court, in chambers, or under the provisions of Rule 55 regarding default. When trial by jury has been demanded or ordered, the clerk shall enter the word jury on the page, film, or computer record assigned to that case.

(b) Copies of Civil Judgments and Orders. (Repealed effective September 4, 1974.)

(c) Indices; Calendars. The clerk shall keep suitable indices of all records as directed by the court. The clerk shall also keep, as directed by the court, calendars of all hearings and all cases ready for trial, which shall distinguish trials to a jury from trials to the court. Indices and calendars may be in any of the following forms or styles:

(1) A page or sheet in a book or separate file.

(2) A mechanical or hand-operated index machine or card file.

(3) Computer magnetic tape or magnetic disc storage, where the information appears on the terminal screen, or on a print-out of the screen display.

(4) Microfilm copies of 1, 2, and 3 above.

(5) Any other form or style prescribed by supreme court directive.

(d) Judgment Record. The clerk shall keep a judgment record in which a notation shall be made of every money judgment. The judgment record may be in any of the following forms or styles:

(1) A page, sheet, or printed form in a book, case jacket, or separate file.

(2) Computer magnetic tape or magnetic disc storage, where the judgment and subsequent transactions appear on the terminal screen, or on a paper print-out of the screen display.

(3) A microfilm copy of 1 and 2 above.

(4) Any other form or style prescribed by supreme court directive.

(e) Retention and Disposition of Records. The clerk shall retain and dispose of all court records, including those created under Rule 79(b) prior to its repeal, in accordance with instructions provided in the manual entitled, Colorado Judicial Department, Records Management.

C.R.C.P. 79

Annotation Law reviews. For article, "Notes on Proposed Amendments to Colorado Rules of Civil Procedure", see 27 Dicta 165 (1950). For article, "Court Administration and General Provisions: Rules 77-85 ", see 23 Rocky Mt. L. Rev. 599 (1951). Although trial judge had power and obligation to assure that records and reporter's notes in dissolution of marriage action were preserved by the clerk for an extended period of time and to enter any order with respect to those records and notes, the trial court was not required to enter an order obligating itself to preserve such records. In re Smith, 757 P.2d 1159 (Colo. App. 1988). The rules provide that a motion for a new trial must be filed not later than 10 days following the notation of judgment in the trial court's register of actions (or judgment docket). In re Gardella, 190 Colo. 402, 547 P.2d 928 (1976). Relation back of judgment unconstitutional. Trial court's action in relating back matters decided on May 28 to the May 15 entry on the judgment docket had the effect of extinguishing the petitioner's right to appeal from the determinations made on May 28. Under these circumstances, the 10-day period of C.R.C.P. 59 expired before the remaining issues in the case had even been determined by the trial court. This result contravenes the right of appeal granted by the Colorado constitution. In re Gardella, 190 Colo. 402, 547 P.2d 928 (1976). Admissibility of register in action upon bond of clerk. In an action upon the official bond of a clerk of the district court for fees collected and not paid over, where it appears that he made entries of fees collected by him in his register of actions such register is admissible in evidence and the entries therein are prima facie evidence against the clerk and also against the sureties on his bond. Cooper v. People ex rel. Bd. of Comm'rs, 28 Colo. 87, 63 P. 314 (1900) (decided under § 416 of the former Code of Civil Procedure, which was replaced by the Rules of Civil Procedure in 1941). For purposes of timely filing of a motion for new trial under C.R.C.P. 59 a judgment is "entered" only upon notation in the judgment docket pursuant to C.R.C.P. 58(a)(3) and section (d) of this rule. City and County of Denver v. Just, 175 Colo. 260, 487 P.2d 367 (1971). Entry of judgment effective on notation in register. Both C.R.C.P. 58(a)(3) and section (a)(4) of this rule clearly state that entry of a judgment is effective upon notation in the register of actions. Hebron v. District Court, 192 Colo. 346, 558 P.2d 997 (1977). Then judgment becomes final, though not recorded in judgment record. Hebron v. District Court, 192 Colo. 346, 558 P.2d 997 (1977). Applied in Dill v. County Court, 37 Colo. App. 75, 541 P.2d 1272 (1975); Poor v. District Court, 190 Colo. 433, 549 P.2d 756 (1976); Moore & Co. v. Williams, 657 P.2d 984 (Colo. App. 1982); Moore & Co. v. Williams, 672 P.2d 999 (Colo. 1983).

For provisions on records and indices required to be kept by clerks, see §§ 13-1-101 and 13-1-102, C.R.S.; for order of selecting jurors from list of jurors, see C.R.C.P. 47(g).