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Information for Attorneys

♦ DPC Implements CLE Credit Program for Uncompensated Pro Bono Representation [read more]

♦ Denver Probate Court is seeking Personal Injury Attorneys to handle Court appointments as Guardian Ad Litem in cases where personal injury settlements for minors are presented to the Court for consideration and minor is not represented independently of the insurance company or their parents. 
If interested, contact sarah.solano@judicial.state.co.us

♦ Changes to Non-Appearance -

Instead of excluding holidays and weekends when counting the days, they will be counted. Meaning that the time between the notice of hearing and the hearing will be shortened a bit. As an example, if a non-appearance motion or petition is filed with the proper Notice of Hearing (Form JDF form 712), the first date on which that NA hearing could be held would be 13 days out (date the motion or petition is submitted is not counted. Add 10 days + 3 days for mailing and the NA hearing could be set on the NA docket for the NEXT business day).

♦  Chief Justice Directive 85-23 Assignment of Denver District Court Judges to Hear Matters in Denver Probate Court

♦ Suppressed or Sealed cases - The Denver Probate Court reviewing clerk will “seal” or “suppress” without an order upon the request of the filing attorney. The filing attorney will be advised that (unless already filed) a motion to “seal” or “suppress” is required. After judicial officer reviews the motion, the respective division clerk will unseal if motion is denied.

♦ Denver Probate Court's Video Conferencing Policy

♦ Electronic Exhibits, click here to read more

♦ Telephonic Appearances - CourtCall [Read more]

♦ Instructions for Attorneys wishing to request release of Appeal Bonds

When a mandate from the Court of Appeals is issued on a case, attorneys often must be contacted by the Denver Probate Court as a reminder that their appeal bond held in the Court Registry can now be refunded.

The proper procedure for accomplishing a refund is to e-file a Motion for Release of Appeal Bond, along with a proposed Order. The Motion should set forth the date of the Court of Appeals Mandate, as well as the amount of the bond being requested and the party to whom it should be released. Once the required time has passed (normally there are no objections to such Motions), the Judge signs the Order and a check is issued to the appropriate party.

♦ Denver Probate Court Digital Recording Request [download Word document]

This request form should be used when requesting digitally-recorded proceedings only. If a transcript of the requested proceeding is required, it must be done by a court designated transcriptionist. This form does not constitute a request for an official court transcript. The recording itself and all of the contents are for your listening purpose only. Transcripts not prepared by a court designated transcriptionist will NOT be accepted for filing.

♦ Court Appointed Attorneys and Denver Health Medical Center

This has been coming up more and more frequently due to HIPAA – Court appointed attorneys for a respondent are having difficulty getting permission to look at the medical records. As the respondent’s Court appointed counsel, you have a right to view his/her medical records.
The procedure that is accepted at Denver Health is to first go to Medical Records and present them with the order appointing you as respondent’s attorney. They will then authorize you to view the records. Once you have their authorization, you are able to obtain all the information regarding your client elsewhere in the facility.

Personal Injury Attorneys DEPOSIT OF FUNDS TO RESTRICTED ACCOUNTS

The Denver Probate Court has instituted a new program to allow parents and other custodians of restricted funds to deposit the funds into a separate interest-bearing account in the Court Registry. We are strongly encouraging the use of this deposit mechanism.

Court Approval of the Settlement of Claims of Persons Under Disability, The Colorado Lawyer/August 2006/Vol.35, No.8/97.
   Written by Hon. C. Jean Stewart

♦ Attorney Access to Probate Cases

An attorney wanting to enter a case to file a pleading must call the Denver Probate office (720-865-8310) or fax (720-865-8329) and the office staff will add them to the case [unless the case is suppressed] so they can file pleadings.
Information needed from an attorney is the attorney bar number and their client’s name address and phone number.
The attorney will then need to e-file their entry of appearance. If the case is suppressed the attorney will need to wait until there is either a court order or, alternatively, they can send a stipulation signed by all parties in the case (or counsel).

Access to the pleadings in the case before their entry can be (1) purchased (in paper format only) from the clerk’s office, (2) obtained in either paper or electronic (e.g. download onto a disk) format from other attorneys in the case on whatever terms agreed upon, or (3) purchased in electronic format/access from LNFS.
LNFS will provide access to the entire file to attorneys appointed by the Court (as counsel or in other fiduciary capacities). 

If there are documents that existed in the case prior to their entry of appearance - the attorney should call Lexis customer service (888-529-7587) and they can show the attorney how to download those pleadings and also give credit. 

♦ The National Directory of Children, Youth & Famileis Services 2007 [Go to Contexo Meida for ordering info]

♦ Special Notice Re: Proposed Orders to be signed by Magistrate 

 All proposed orders for motions or hearings set before a magistrate must contain the following language:

 "This order or judgment was issued following review or hearing, scheduled or held before a magistrate with consent. Any appeal must be taken pursuant to Rule 7(b), Colorado Rules for Magistrates.”

 E-filed proposed orders for the magistrate that do not contain this language may be rejected. 

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