The United States District Court
District of Colorado

Hon. Marcia S. Krieger, Chief Judge
Jeffrey P. Colwell Esq., Clerk of Court

Our mission is to serve the public by providing a fair and impartial forum that ensures equal access to justice in accordance with the rule of law, protects rights and liberties of all persons, and resolves cases in a timely and efficient manner.

Criminal Local Rules

Criminal Rules for the District of Colorado

Download the Local Rules in PDF format

  1. SCOPE, PURPOSE, AND CONSTRUCTION - CRIMINAL
  2. PRELIMINARY PROCEEDINGS
  3. INDICTMENT AND INFORMATION
  4. ARRAIGNMENT AND PREPARATION FOR TRIAL 
  5. VENUE
  6. TRIAL
  7. JUDGMENT
  8. APPEAL
  9. SUPPLEMENTARY OR SPECIAL PROCEEDINGS
  10. GENERAL PROVISIONS

 

I. SCOPE, PURPOSE, AND CONSTRUCTION

D.C.COLO.LCrR 1.1
SCOPE OF THE LOCAL CRIMINAL RULES

(a) Title and Citation. These rules shall be known as the Local Rules of Practice of the United States District Court for the District of Colorado - Criminal. These rules shall be cited as

D.C.COLO.LCrR Rule, Subdivision, Paragraph, Subparagraph, Item (e.g., D.C.COLO.LCrR 47.1(f)(1)(A)).

(b) Effective Date. Unless otherwise stated, these rules are effective as of December 1 of each year.

(c) Scope. These rules apply in all criminal actions, cases, and proceedings (criminal cases) in the United States District Court for the District of Colorado.

(d) Numbering and Indexing. These rules are numbered and indexed insofar as practicable in accordance with the specific designations of the Judicial Conference Uniform Numbering System.

(e) Judicial Officer. Judicial officer refers to a district judge, magistrate judge, or circuit judge sitting by assignment.

(f) Clerk. Reference in these rules to the clerk refers to the clerk of the court or a deputy clerk.

(g) CM/ECF. CM/ECF is the Case Management/Electronic Case Filing system of the court.

(h) Pilot Programs or Special Projects. A pilot program or special project may be authorized by the court following reasonable public notice and opportunity for public comment.

(1) Public notice shall specify:

(A) the purpose of the pilot program or special project;

(B) the term of the pilot program or special project;

(C) the effect upon any local rule of practice; and

(D) any requirement necessary to implement or facilitate the pilot program or special project.

(2) The term for a pilot program or special project shall not exceed 18 months, but may be extended for one six-month period in conjunction with the promulgation of a corresponding local rule.

D.C.COLO.LCrR 1.2
FORMS

Court approved forms are on the court’s website HERE. A form may be modified by the court or a judicial officer at any time. A form modified by a judicial officer may be under the judicial officer’s practice standards on the court’s website.

II. PRELIMINARY PROCEEDINGS

[No local rules]

III. INDICTMENT AND INFORMATION

D.C.COLO.LCrR 6.1
GRAND JURY

Grand jury supervision shall be assigned equally among the active district judges.

D.C.COLO.LCrR 7.1
PENALTY SHEET

A penalty sheet shall be provided by an attorney for the government to the clerk on the filing of a criminal case.

IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

D.C.COLO.LCrR 11.1
PLEAS

(a) Written Notice. Unless otherwise ordered, notice of disposition shall be filed no later than 14 days before trial.

(b) Pleas Before District Judge. In a felony case, a plea of guilty or nolo contendere shall be made before the assigned district judge.

(c) Plea Agreement. A Plea Agreement shall be in the form HERE and signed by an attorney for the government, the defendant’s counsel, if any, and the defendant.

The stipulation of facts relevant to sentencing in the Plea Agreement shall be included in the presentence report. An attorney for the government shall provide a copy of the Plea Agreement to the chambers of the assigned judicial officer and the Probation Office no later than 48 hours before the change of plea hearing.

(d) Statement by Defendant in Advance of Plea of Guilty. A Statement by Defendant in Advance of Plea of Guilty shall be in the form HERE, and signed by the defendant’s counsel, if any, and the defendant.

(e) Documents Tendered to Courtroom Deputy. No later than the commencement of the change of plea hearing, the following documents shall be tendered to the courtroom deputy:

(1) the original and a copy of the Plea Agreement and Statement by Defendant in Advance of Plea of Guilty; and

(2) if applicable, the original and a copy of the written translation of the Plea Agreement and Statement by Defendant in Advance of Plea of Guilty.

D.C.COLO.LCrR 12.1
MOTION TO JOIN MOTION PROHIBITED

(A) A party may not file a motion to join a motion filed by another party.

(B) The government and each defendant shall file its, his, or her own motions. A motion shall request specific relief and include a title that identifies the relief requested. In a motion, the party may indicate that the party approves, adopts, and/or incorporates by reference any or all of the reasons stated, arguments advanced, and/or authorities cited by a party in another motion. The party shall identify the related motion of another party by providing the following information:

(1) the name of the other party;

(2) the precise title of the related motion of the other party;

(3) the document number of the related motion in CM/ECF; and

(4) the date the related motion was filed.

D.C.COLO.LCrR 17.1.1
PRETRIAL CONFERENCE

A magistrate judge shall enter a Discovery Conference Memorandum and Order at the time of or no later than 14 days after the arraignment, and direct counsel to obtain from the district judge assigned to the case deadlines for filing pretrial motions and a trial date.

V. VENUE

[No local rules]

VI. TRIAL

D.C.COLO.LCrR 24.1
COMMUNICATION WITH JURORS

A party or attorney shall not communicate with, or cause another to communicate with, a juror or prospective juror before, during, or after a trial without order of the judicial officer to whom the case is assigned.

VII. JUDGMENT

D.C.COLO.LCrR 32.1
SENTENCING DOCUMENTS

(a) Sentencing Statements.

(1) No later than 30 days after a verdict of guilty is returned by a jury or the court, the attorney for the government shall file a sentencing statement that analyzes the sentencing factors to be considered at sentencing.

(2) No later than 14 days after the government files its sentencing statement, a defendant may file a sentencing statement that analyzes the sentencing factors to be considered at sentencing.

(b) Objections to Presentence Report. Objections to a presentence report shall not be included in or combined with a motion for a departure or variance.

(c) Motions for Departure or Variance. A motion for departure or variance shall be filed no later than 14 days before sentencing. A response may be filed no later than seven days before sentencing.

(d) Restricted Access. Unless otherwise ordered, a motion for a departure or variance shall not be filed as a restricted document.

(e) Sentencing-Related Documents. Unless otherwise ordered correspondence or other documents related to sentencing, including letters, reports, certificates, awards, photographs, or other documents pertaining to the defendant, shall be provided to the probation office no later than 10 days before sentencing and shall be filed no later than seven days before sentencing by a probation officer and are entitled to Level 2 restriction under D.C.COLO.LCrR 47.1(f)(1)(A).

(f) Disclosure of Probation Reports.

(1) Records and reports, including presentence reports and supervised release violation reports, maintained by the Probation Office are confidential and not available for public inspection.

(2) The Chief Probation Officer may authorize inspection, disclosure, and production of records and reports to other federal courts, federal correctional or law enforcement agencies, treatment providers, or state authorities who have a legal, investigative, or custodial interest.

(3) A person or entity other than defined in paragraph (2) who seeks access to confidential records or reports maintained by the Probation Office shall file a written request with the Chief Probation Officer that conforms to the requirements HERE. After consulting with the relevant judicial officer, the Chief Probation Officer may grant the request in whole or in part.

VIII. APPEAL

[No local rules]

IX. SUPPLEMENTARY AND SPECIAL PROCEEDINGS

[No local rules]

X. GENERAL PROVISIONS

D.C.COLO.LCrR 46.1
COURT REGISTRY

(a) Deposit of Funds in Court Registry. Unless a statute requires otherwise, funds shall be tendered to the court or its officers for deposit into the registry only pursuant to court order. A depositor shall identify in writing the order authorizing deposit by reference to the relevant docket entry in CM/ECF.

(b) Investment of Funds in Registry. Unless otherwise ordered, no deposit into an interest bearing account shall be permitted and the Court Registry Investment System (CRIS) shall be the authorized investment mechanism.

(c) Registry Fee. Registry fees shall be deducted under 28 U.S.C. § 1914 and any regulation promulgated thereunder.

(d) Disbursement of Funds in Registry. Funds in the registry shall be disbursed only by court order. A proposed order to disburse funds shall include the payee's full name and complete address and the amount to be disbursed. If more than $10.00 of interest is to be disbursed, the proposed order shall be accompanied by a completed IRS Form W-9 (which shall be filed under restricted access). The party requesting disbursement of funds shall provide to the clerk a copy of the order authorizing disbursement including its CM/ECF docket number.

D.C.COLO.LCrR 47.1
PUBLIC ACCESS TO CASES, DOCUMENTS, AND PROCEEDINGS

(a) Policy. Unless restricted by statute, rule of criminal procedure, or order, the public shall have access to all cases and documents filed with the court and all court proceedings.

(b) Levels of Restriction. Unless otherwise ordered, there are four levels of restriction. Level 1 limits access to the parties and the court. Level 2 limits access to the filing party, the affected defendant(s), the government, and the court. Level 3 limits access to the filing party and the court. Level 4 limits access to the court.

(c) Motion to Restrict. Unless otherwise ordered, a motion to restrict public access shall be open to public inspection. The motion shall identify the case, the document, or the proceeding for which restriction is sought. The motion shall be accompanied by a brief that is filed as a restricted document. The brief shall

(1) identify the case, document, or the proceeding for which restriction is sought;

(2) address the interest to be protected and why such interest outweighs the presumption of public access (stipulations between the parties or stipulated protective orders with regard to discovery, alone, are insufficient to justify restriction);

(3) identify a clearly defined and serious injury that would result if access is not restricted;

(4) explain why no alternative to restriction is practicable or why only restriction will adequately protect the interest in question (e.g., redaction, summarization, restricted access to exhibits or portions of exhibits); and

(5) identify the level of restriction sought.

(d) Public Notice of Motions to Restrict; Objections. Notice of the filing of such motion shall be posted on the court’s website on the court business day following the filing of the motion. Any person may file an objection to the motion to restrict no later than three court business days after posting. Absent exigent circumstances, no ruling on a motion to restrict shall be made until the time for objection has passed. The absence of objection alone shall not result in the granting of the motion.

(e) Filing Restricted Documents. A document subject to a motion to restrict shall be filed as a restricted document, and shall be subject to restriction until the motion is determined by the court. If a document is filed as a restricted document without an accompanying motion to restrict, it shall retain a Level 1 restriction for 14 days. If no motion to restrict is filed within such time period, the access restriction shall expire and the document shall be open to public inspection.

(f) Documents Subject to Presumptive Restriction. The following documents shall be filed subject to the specified presumptive restriction levels without the order of a judicial officer:

(1) Documents that shall be filed with Level 2 restriction (access limited to the filing party, the affected defendant(s), the government, and the court):

(A) presentence reports and addenda and related documents, including correspondence or other documents related to sentencing, including letters, reports, certificates, awards, photographs, or other documents pertaining to the defendant;

(B) probation or supervised release violation reports; and

(C) statements of reasons in judgments in criminal cases; and

(D) information provided by a person or entity posting bond.

(2) Documents that shall be filed with Level 3 restriction (access limited to the filing party and the court):

(A) Unexecuted bond revocation orders and supporting documents. Unless otherwise ordered, this restriction shall expire on the execution of the order.

(B) Documents and orders under the Criminal Justice Act. Unless otherwise ordered, this restriction shall expire on the entry of final judgment.

(C) Indictments. Unless otherwise ordered, this restriction shall expire on the earlier of the arrest or initial appearance of the first or only defendant.

(3) Documents that shall be filed with Level 4 restriction (access limited to the court):

(A) Pretrial services reports (bail reports).

(B) Petitions for summonses or arrest warrants based upon petitions for revocation of probation or supervised release. Unless otherwise ordered, this restriction shall expire on the service of the summons or execution of the warrant.

(g) Cases Subject to Presumptive Restriction. A case (including the docket sheet, case number and caption) initiated by any of the following documents shall be filed under Level 4 restriction:

(1) Unexecuted summonses and warrants of any kind and supporting documents. Unless otherwise ordered, this restriction shall expire on the execution of the summonses or warrants.

(2) Pen register and trap/trace orders and supporting documents. This restriction shall remain in effect unless otherwise ordered.

(3) Orders and supporting documents under 18 U.S.C. § 2703(d). Unless otherwise ordered, this restriction shall expire after 90 days.

(4) Title III and clone pager orders and supporting documents. This restriction shall remain in effect unless otherwise ordered.

(5) Grand Jury material and other documents with restricted access pursuant to statute. This restriction shall remain in effect unless otherwise ordered.

D.C.COLO.LCrR 49.1
FORMATTING, SIGNATURES, FILING, AND SERVING PLEADINGS AND DOCUMENTS

(a) Electronic Formatting, Signatures, and Filing. Unless otherwise provided in this rule or otherwise ordered, each pleading and document filed in a criminal 35 case shall be formatted, signed, and filed electronically in CM/ECF as prescribed by the Electronic Case Filing Procedures HERE.

(b) Exceptions to Electronic Formatting and Filing.

(1) Materials that Cannot Be Converted to Electronic Form. An item such as a videotape, audiotape, etc. shall be filed by delivery to the clerk’s office.

(2) Pleadings and Documents by Unrepresented Prisoners. These shall be filed in paper.

(3) Pleadings and Documents by Other Unrepresented Parties. Unless otherwise ordered, these shall be filed in paper.

(4) E-mailed Documents. The Electronic Case Filing Procedures specify the documents that shall be e-mailed to the court to open a case HERE.

(c) Formatting and Filing of Pleadings and Documents and Maintenance of Contact Information by an Unrepresented Prisoner or Party. If not filed electronically, an unrepresented prisoner or party shall use the procedures, forms, and instructions posted on the court’s website HERE. If the unrepresented party is a prisoner and is unable to access the website, on request the clerk shall provide copies of the necessary procedures, forms, and instructions. Notice of change of name, mailing address, or telephone number of an unrepresented prisoner or party shall be filed not later than five days after the change. A user of CM/ECF shall keep his/her primary and alternative e-mail address current. Instructions for a user to update and maintain his/her CM/ECF account are HERE.

(d) Electronic Service. When a pleading or document is filed in CM/ECF, it is served electronically under Fed. R. Crim. P. 45. The time to respond or reply shall be calculated from the date of electronic service, regardless of whether other means of service are used. The Notice of Electronic Filing (NEF) generated by CM/ECF constitutes a certificate of service. Registration in CM/ECF shall constitute consent to electronic service of all pleadings or documents.

D.C.COLO.LCrR 49.3
FORMAT OF PLEADINGS AND DOCUMENTS PRESENTED FOR FILING

(a) Scope. This rule applies to all pleadings and documents presented for filing.

(b) Size. All pleadings and documents shall be on 8½ by 11 inch white paper.

(c) Margins. Margins shall be 1½ inches at the top and 1 inch at the left, right, and bottom of each page.

(d) Font. Unless otherwise ordered, all typewritten pleadings and documents shall use black ink and not less than 12 point font.

(e) Spacing. All pleadings and documents shall be double spaced.

(f) Text. Text shall be printed on one side of the page only.

(g) Legibility. All handwritten pleadings and documents shall be legible, utilizing upper and lower case lettering.

D.C.COLO.LCrR 50.1
ASSIGNMENT OF CASES

(a) Assignment in General. Except as provided in this rule, criminal cases shall be assigned to judicial officers by random draw. Work parity shall be maintained among active district judges, provided that a majority of active district judges may adjust the assignment of criminal cases to the Chief Judge as may be necessary for the performance of the duties of that office, and may, for good cause, approve special assignment or reassignment of criminal cases among the judicial officers of the court. All other reassignments of cases shall be subject to the approval of the Chief Judge.

(b) Random Draw by Computer. The clerk shall maintain a computerized program to achieve work parity among judicial officers through random and public assignment of new criminal cases. A senior judge may decline assignment of criminal cases and, on notice to the Chief Judge, limit participation in the random draw by a stated percentage.

(c) Special Assignments.

(1) On filing a new criminal case, the United States Attorney shall notify the clerk in writing when that defendant is involved in a pending civil forfeiture proceeding. The criminal case shall be assigned to the judicial officer to whom the civil case was assigned.

(2) On filing a new criminal case, including a new case filed under 18 U.S.C. § 3605, or a criminal case transferred to the court under Fed. R. Crim. P. 20, the United States Attorney shall notify the clerk in writing when the defendant is currently serving, or has served, a sentence of probation or supervised release. The new criminal case shall be assigned to the judicial officer presiding in the criminal case in which the previous sentence of probation or supervised release was imposed. In the event the defendant has had multiple criminal cases before this court, the new 37 criminal case shall be reassigned to the judicial officer who handled the oldest criminal case.

(3) A majority of the district judges may provide for the assignment of criminal cases which may be heard outside Denver, Colorado, in another location where court may be held under 28 U.S.C. § 85.

(d) Recusal. Recusal of an active judicial officer shall be by written order stating the reasons.

(e) Adjustments. On recusal the clerk shall adjust the computerized program to maintain work parity among active district judges.

D.C.COLO.LCrR 53.1
HEARING AND TRIAL PROCEDURES

A judicial officer presiding over a hearing or trial may establish governing procedures. Judicial practice standards are HERE.

D.C.COLO.LCrR 55.1
CUSTODY OF PLEADINGS, DOCUMENTS, CONVENTIONALLY SUBMITTED MATERIALS AND EXHIBITS

(a) Custody and Removal. Unless otherwise ordered, pleadings, documents, conventionally submitted materials, and exhibits in a court file or submitted to a judicial officer shall not be removed from the office or custody of the clerk or judicial officer.

(b) Disposition.

(1) After 60 days of entry of final judgment in a criminal action in which no appeal is taken, the clerk may notify counsel of record and any unrepresented party that the clerk intends to dispose of any conventionally submitted material or exhibit in the possession of the clerk. If no objection is filed within 14 days of the notice, the clerk may dispose of the conventionally submitted material or exhibit.

(2) In a criminal action on appeal, any conventionally submitted material or exhibit that was not transmitted as a part of the record on appeal may be transferred by the clerk to the offering attorney or unrepresented party who shall retain the conventionally submitted material or exhibit pending order of the appellate court.

D.C.COLO.LCrR 55.2
INSPECTION OF PHYSICAL EVIDENCE

While in the custody of the clerk, physical evidence shall not be inspected or copied except in the presence of and under the supervision of the clerk. The clerk may limit or prohibit inspection or copying to preserve the evidence.

D.C.COLO.LCrR 56.1
TIME AND PLACE OF FILING

Unless otherwise ordered, an electronically filed pleading or document shall be filed no later than 11:59:59 p.m. (Mountain Time) on the day required. Unless otherwise ordered, all other pleadings and documents shall be filed during the business hours of the office of the clerk from 8:00 a.m. to 5:00 p.m. (Mountain Time) Monday through Friday.

D.C.COLO.LCrR 57.1
GENERAL AUTHORITY AND DUTIES OF A MAGISTRATE JUDGE

(a) General Authority. Except as restricted by these rules, a magistrate judge may exercise all powers and duties authorized by federal statutes, regulations, and the Federal Rules of Criminal Procedure.

(b) Duties. A magistrate judge may:

(1) authorize the installation and use of a pen register or a trap and trace device under 18 U.S.C. §§ 3122-23, and direct the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device;

(2) issue search warrants;

(3) accept criminal complaints and issue arrest warrants or summonses;

(4) accept waivers of indictment under Fed. R. Crim. P. 7(b);

(5) receive the return of indictments by the grand jury and issue arrest warrants or summonses when necessary for the defendants named in the indictments;

(6) restrict and grant access to an indictment;

(7) conduct preliminary proceedings incident to transfer cases under Fed. R. Crim. P. 20;

(8) exercise powers and duties necessary to extradite fugitives under 18 U.S.C. §§ 3181-96;

(9) conduct hearings and issue orders under the Bail Reform Act of 1984, 18 U.S.C. §§ 3141-56;

(10) forfeit bond when a defendant fails to appear in proceedings scheduled before the magistrate judge;

(11) set bond for material witnesses;

(12) conduct arraignments by taking and entering pleas and when necessary, make findings affecting speedy trial considerations under the Speedy Trial Act of 1974, 18 U.S.C. §§ 3161-74;

(13) direct the United States Marshal to arrange for payment of expenses for basic transportation and subsistence for a defendant financially unable to bear the costs of travel to required court appearances;

(14) issue subpoenas and writs of habeas corpus ad testificandum and prosequendum or other orders necessary to obtain the presence of parties, witnesses, or evidence;

(15) conduct non-jury trials in cases involving petty offenses or misdemeanors;

(16) conduct jury trials in cases involving misdemeanors under 18 U.S.C. § 3401(a);

(17) direct the probation office to conduct presentence investigations in cases involving misdemeanors;

(18) perform the functions specified in 18 U.S.C. §§ 4107, 4108, and 4109 regarding proceedings for verification of consent by offenders to transfer to or from the United States, including the appointment of counsel;

(19) appoint counsel for a person subject to revocation of probation, parole, or supervised release, a person in custody as a material witness; a person seeking relief under 28 U.S.C. §§ 2241, 2254, or 2255 or 18 U.S.C. § 4245; or a person for whom the Sixth Amendment to the United States Constitution or federal law requires the appointment of counsel;

(20) conduct preliminary hearings;

(21) exercise contempt authority as authorized by law;

(22) preside over cases involving petty offenses or misdemeanors brought against juvenile defendants as authorized by law;

(23) act on post judgment matters as authorized by law;

(24) order psychiatric or psychological examinations and reports under 18 U.S.C. §§ 3552(c), 4241(b), 4244(b), 4245(b) and/or 4246(b);

(25) conduct hearings and make recommendations to district judges concerning competency of defendants to stand trial; and

(26) conduct hearings and make recommendations to district judges on motions to suppress statements or evidence.

D.C.COLO.LCrR 57.2
COMMUNICATION WITH A JUDICIAL OFFICER

Unless otherwise ordered, a party to or an attorney in a proceeding shall not communicate directly about the proceeding in any manner with a judicial officer assigned to the proceeding.

D.C.COLO.LCrR 57.3
CAMERAS AND RECORDING DEVICES

(a) Cameras Prohibited. Unless authorized by a judicial officer, a device whose exclusive or principal use is as a camera or video recorder may not be brought into or used in a United States Courthouse or any location in which court business and proceedings are conducted.

(b) Permissible Devices. After clearing security, an electronic device, including, but not limited to, a cellular telephone, a smartphone, a laptop computer, an electronic tablet, or a personal data assistant (PDA), regardless of the technology used or the name by which the device is marketed, may be brought into any public area in the United States Courthouse or any location in which court business and proceedings are conducted.

(c) Impermissible Uses of Permissible Devices. A person shall not use a permissible device defined in Subdivision (b) to take photographs or to make audio or video recordings in any public area in the United States Courthouse or any other location in which court business and proceedings are conducted. A person shall not use a permissible device defined in Subdivision (b) to take photographs or to make audio or video recordings in any courtroom or chambers except as authorized by the judicial officer having direct control of that space.

(d) Sanctions for Violations. Violation of this rule may constitute contempt of court punishable by incarceration and the imposition of fines, costs, and attorney fees. The court authorizes the following agencies and those under contract employment of such agencies to maintain the security of district court spaces:

(1) United States Marshals Service;

(2) United States Department of Homeland Security Federal Protective Service; and

(3) United States General Services Administration.

The authority to maintain security through the enforcement of this rule may involve taking possession of the device, searching the device and its contents, 41 and preserving, copying, transferring, or deleting unauthorized video or audio recordings or photographs of court operations, proceedings, or facility space from electronic devices with or without the cooperation of a person found to be in possession of the device.

A judicial officer may take action to enforce this rule or to sanction a violator.

D.C.COLO.LCrR 57.4
SECURITY

(a) Procedures. All persons entering a building where court is being held shall be subject to security procedures.

All briefcases, purses, parcels, bags, backpacks, and other items shall be passed through X-ray scanners and shall be subject to search. This rule shall apply at such other places as a judicial officer may direct.

Violation of this rule shall be grounds for refusing admission to the building where court is being held and may subject the offender to detention, arrest, and prosecution as provided by law or to a contempt proceeding.

(b) Identification or Information. On request of a United States marshal, court security officer, federal protective service officer, or court official, anyone within or seeking entry to any court building shall produce identification and state the nature of his or her business. Failure to provide identification or information shall be grounds for removal or exclusion from the building.

D.C.COLO.LCrR 57.5
ACCOMMODATIONS UNDER AMERICANS WITH DISABILITIES ACT

No later than seven days before a hearing or trial, counsel or an unrepresented party shall notify the court of an accommodation required under the Americans with Disabilities Act.

D.C.COLO.LCrR 58.1
FORFEITURE OF COLLATERAL IN LIEU OF APPEARANCE AND NOTICE OF CONVICTION

(a) Scheduled Offenses; Collateral. For certain scheduled offenses committed within the jurisdiction of this court, collateral may be posted in the amount set by the court. Unless otherwise ordered, the schedule of collateral for assimilated state-law offenses shall be as set by the statutes or regulations of the state.

(b) Petty Offenses; Collateral. For a petty offense, a judicial officer may specify a collateral forfeiture amount different from that set out in this rule with the consent of an attorney or other representative of the government.

(c) Forfeiture Amount; Payment. The collateral forfeiture amount set by a judicial officer under this Subdivision shall not be less than the minimum nor greater than the maximum fine that may be imposed on conviction for violation of the applicable statute or regulation. Collateral may be posted by mail. Payment may be made by cash, check, money order, draft, or court-approved credit card.

(d) Forfeiture. If a defendant fails to appear before a judicial officer after posting collateral, the collateral shall be forfeited to the United States and that forfeiture shall be accepted in lieu of appearance and shall terminate the proceeding without entry of judgment.

(e) Increase in Amount of Collateral. If a defendant fails to post collateral or fails to appear before a judicial officer, a judicial officer may increase the amount of collateral. The increased amount of collateral shall not exceed the maximum fine that may be imposed on conviction.

(f) Forfeiture Not Permitted; Appearance Required. Notwithstanding Subdivision (d) above, forfeiture of collateral shall not be permitted, and the defendant shall appear before a judicial officer in person or by counsel for an offense involving

(1) personal injury or death;

(2) operation of a motor vehicle while under the influence of or impaired by alcohol or a controlled substance as defined under federal or state law;

(3) operation of a motor vehicle while a driver’s license is suspended, cancelled, denied, or revoked;

(4) reckless driving;

(5) a state or federal statute or regulation that requires the appearance of the defendant;

(6) illegal use or possession of a firearm, destructive device, or dangerous weapon as defined under federal or state law; or

(7) an assault or a crime of violence as defined under federal or state law.

(g) Notice of Conviction. When a defendant is convicted of a motor-vehicle offense that requires a mandatory appearance, the clerk shall send notice of that conviction to the appropriate state agency.

(h) Collateral Forfeiture Framework. The United States Attorney shall submit a proposed collateral forfeiture schedule to the court on behalf of each federal agency that issues Violation Notices. The proposed collateral forfeiture schedules shall contain collateral forfeiture amounts within the ranges in the Collateral Forfeiture Framework. Once approved by the court, the Collateral Forfeiture Framework and schedules shall be on the court’s website HERE. The Collateral Forfeiture Framework is not applicable to assimilated state-law offenses or offenses outlined in Subdivision (f).