Colo. R. Juv. P. 3.2

As amended through Rule Change 2024(18), effective October 2, 2024

Rule 3.2 - Responsive Pleadings and Motions

(a) No written responsive pleadings are required. Jurisdictional matters of age and residence of the juvenile shall be deemed admitted unless specifically denied.

(b) Any defense or objection which is capable of determination without trial of the general issues may be raised by motion.

(c) Defenses and objections based on defects in the institution of the action or in the petition, other than it fails to show jurisdiction in the court, shall be raised only by motion filed prior to the entry of a plea of guilty or not guilty. Failure thus to present any such defense or objection constitutes a waiver, but the court for good cause shown may grant relief from the waiver. Lack of jurisdiction shall be noticed by the court at any time during the proceedings.

(d) All motions shall be in writing and signed by the moving party or his counsel, except those made orally by leave of court.

(e) A request for waiver of jurisdiction to the district court for criminal proceedings shall be in writing and filed within 28 days of the initial advisement. Upon application to the court by the district attorney, and for good cause shown, a request may, in the discretion of the court, be filed at any time prior to the adjudicatory trial.

Colo. R. Juv. P. 3.2

Entire chapter repealed and reenacted June 16, 1988, effective 1/1/1989; (e) amended and adopted December 14, 2011, effective 1/1/2012, for all cases pending on or filed on or after 1/1/2012, pursuant to C.R.C.P. 1(b).

ANNOTATION Annotator's note. Since rule 3.2 is similar to rule 8 as it existed prior to the 1988 repeal and reenactment of the rules of juvenile procedures relevant cases construing that provision have been included in the annotations to this rule. Must prove juvenile's age even if not specifically denied in pleadings. Where the petition in delinquency states the respondent's age and the responsive pleading does not deny the asserted age, although section 19-3-106 and this rule specify that "jurisdictional matters of the age and residence of the child shall be deemed admitted unless specifically denied", the juvenile-defendant's age is not thereby admitted, and it is necessary to present evidence specifically on that issue. People in Interest of M.M., 41 Colo. App. 44, 582 P.2d 692 (1978). Section not superseded by statutory procedure for waiving jurisdiction. This section is not superseded by the special statutory procedure provided in section 19-3-106(4)(b), C.R.S. 1973 (1978 Repl. Vol. 8), for waiving jurisdiction of the juvenile court. People v. District Court, 199 Colo. 197, 606 P.2d 450 (1980). Denial of request for waiver of jurisdiction to district court upheld. In the absence of good cause to support the late filing by the people of a request for waiver of jurisdiction to the district court for criminal proceedings, the court is within its authority in denying the motion. People v. District Court, 199 Colo. 197, 606 P.2d 450 (1980).