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.
MH attorneys: FY 2025 Court-Appointed Counsel Application and information can be found HERE: FLAT FEE
Personal Injury Settlements (Single Transactions)
Petition: JDF 872 Petition for Approval of Settlement of Claims can be downloaded here. [PDF]
Proposed Order: JDF 873 Order Approving Settlement of Claims can be downloaded here. [PDF]
The Court also requires supporting exhibits to be filed pursuant to CRCP 62(d)(7):
(7) Exhibits.
A. The petition must list each exhibit filed with the petition.
B. The following exhibits must be attached to the petition:
(i) A written statement by the respondent's physician or other health care provider, if any. The statement must set forth the information required by subsection (d)(4) of this rule and comply with Rule 60 unless otherwise ordered by the court;
(ii) Relevant legal fee agreements, statement of costs and billing records and billing summary; and
(iii) Any proposed settlement agreements and proposed releases.
C. The court may continue, vacate, or place conditions on approval of the proposed settlement in response to petitioner's failure to include such exhibits.
CO ST PROB P Rule 62
Other Policies and Procedures
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 - Please read the policy and see the accompanying motion and notice [Read]
Electronic Exhibits, click here to read more
Instructions for 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.
Deposit of Funds into Restricted Accounts by Personal Injury Attorneys - 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 - ICCES has simplified the process for Colorado registered attorneys to entering an appearance in probate cases. Once registered with ICCES, attorney may efile an entry of appearance for the court's review prior to being added as a party. You will need the case number to do so. Based on the security status of the case the courts reviewing clerk will either:
- Accept the filing and enter your appearance, OR
- If a case is restricted, your filing may be rejected and you will be instructed to file a motion requesting to access to case files and/or to enter your appearance. If a motion is required, it will need to be submitted in paper format for the court’s ruling. Scan fee is waived for this specific filing.
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."