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HomeMy WebLinkAboutResolution-1969-0027 RbS0" , " '1 '1-/ ~ U ~ SeLL",,,, of 1.969 IvhEREAS, the City of Hheat Ridge, Colorado, was in- corporated as of August 20, A. u. 1969; AND liVHEREAS, said City has adopted an Ordinance creating a Ilunicipal Court; AND IJREREAS, said Ordinance by virtue of and under governlng Colorado Statutes, provides for the Office of a Municipal Judge to be selected by 'I'he City Council; AND FURTHER- MORL, said Ordinance provides that said Municipal Judge shall formulate the Local Rules of the Municipal Court ana that said Rules shall be approved by The City Council; AND WHERbAS, said Municipal Judge has formulated the Local Rules of The 1vlunicipal Court of The City of Wheat Ridge; and copies of said Rules have been previously submitted to all Aldermen of the City Council of said City, the Mayor, and the City Attorney, for their examination; and the said City Council has approved said Local Rules. NOW ThbREFORE, bE IT RESOLVED that the City Council of and ln behalf of The City of Wheat Ridge, Colorado, doth hereby approve and adopt the Local Rules of The Municipal Court of said City as formulated and submitted by The Municipal Judge. APPROVED AND ADOPTED this " ..- #. f , /. ~ day of November, A. D. 1969. ATTEST: ," }(.....)'..A.-'.-( '/ I -./.~.;. /, /'t (' '1..""- r'ity Clerk .," '/ /r~ / I (/ t / ./, '.' I ' { ! ' 1,-( l /,!/; / I C , / J- " .'" . Hayor (on behalf of The City Council) " {L, , t s 0='.... 'j ( c).~) L 0 C A L R U L E S of the WHEAT RIDG~ MUNICIPAL COURT County of Jefferson State of Colorado Effective: October 27, A. D. 1969 Anthony V. Zarlengo, Judge * * * * * * * * * * * * * * * Rule 1. SCOPE AND PURPOSL These rules shall govern the procedure In The Municipal Court, in and for The City of Wheat Ridge, unless waived by the Court for good cause shown or on the Court's own Motion. The basic purpose is to provide rules in this Court not otherwise provided by statutes, Colorado Rules of Crilninal Procedure and Colorado Rules ~f Civil Procedure. Rule 2. TERM OF COURT There shall be one term each year of The Municipal Court of The City of Wheat Ridge. The Court will hold its annual term commencing the second Wednesday of November of each year. Rule 3. Reserved. DIVISIONS Rule 4. Reserved. PRESIDING JUDGE--EN BANC SESSIONS Rule 5. ORDER OF BUSINESS The order of business of the Court during Court Sessions will be as follows: /r (/. o ' ,:;:'.) A. Matters of Course. B. Arraignments (and advisement of rights) . C. Hearings on Motions. D. 'Trials. The Court may vary this order of business from time to time to expedite its business. Rule 6. NOTICE OF DISPOSITION OR SETTLEMENT A. If any matter is settled or otherwise disposed of prlor to the time scheduled for trial to a jury, counsel for the Defendant shall notify the Clerk of the Court, at lease one week prior to trial. Failure to comply with this rule will result in the assessment of jury costs and witness fees against the Defendant. H. If any matter is settled or otherwise disposed of prior to the time scheduled for trial to the Court, counsel for the Defendant shall notify the Clerk of the Court, at least one week prior to trial. Failure to comply with this rule will re- sult in the assesment of witness fees against the Defendant. C. If any matter is settled or otherwise disposed of less than one week prior to the date set for trial, either to the Court or to a jury, the Defendant shall be assessed jury fees, In cases where a jury has been requested and witness fees in all cases. D. Assessment of jury fees and witness fees as pro- videa above shall be in addition to the penalty assessed the Defen- dant and court costs. E. If the disposition or settlement of any case is by acquittal, Sections A, B, C and D above shall not be applicable unless otherwise stipulated by the City Attorney and the Defendant or his attorney. - 2 - '. '.. ,z;r. -:<>7 L </,! F. Sections A, ti, C and D above shall apply only lD cases where the jury and witnesses have actually been subpoenaed. Rule 7. PLEADINGS AND MOTIONS Motions may be made orally in Court. Written Motions may be filed and when this procedure is taken, said Motions and other pleadings shall be in a form approved by the Court or on white 20-pound bond, legal size paper (8-1/2 X 14 inches). Said Motions shall be typewritten, setting forth the caption of the Court, the docket number, the caption of parties to the action, the body of the motion and the prayer for relief. In the body of the motion, there shall be double spacing between lines and triple spacing between paragraphs. The ink shall be black. Carbon copies shall not be accepted for filing, except carbon copies of citations and notices required by law, which may be filed for the purpose of proving service. Rule 8. MOTIONS AND HEARINGS All motions filed or made on or prlor to appearance date will be heard on the appearance date. All written motions filed or made after the appearance date will be heard on the date of trial unless otherwise ordered by the Court. All written motions must be filed not less than 7 days prior to the next hearing date in the case and a copy shall be served upon the Office of the City Attorney and all other parties to the action In accordance with Rule 4 of the Colorado Rules of Civil Procedure. The Court may order written briefs in support of any motion. Rule 9. ATTORNEYS A. Attorneys shall in all matters conduct themselves and adhere to the Canons of Ethics, Appendix B, Colorado Rules of Civil Procedure. B. Attorneys for Defendants may enter their appearance orally in open court. When requested by the Court, they shall enter their written appearance. - 3 - " ~':"" ."'7 "-1? (<;. ) C. Whenever an attorney desires to withdraw from any case, he shall obtain an order authorizing his withdrawal after due notice to his client or the filing of the client's written consent. D. Any attorney replacing an attorney of record who has withdrawn, shall file a written entry of appearance or, on oral request, obtain an order of Court recognizing his appearance in the case. E. When more than one attorney represents the same party, one shall examine or cross-examine the same witness at a hearing or trial, except by permissions of the Court. F. Unless otherwise ordered, the opening statements of counsel shall be limited to ten minutes. The closing arguments may be limited to such time as the Court shall fix. G. During seSSlons of Court, attorneys shall take care to conduct themselves in a manner to maintain the dignity and solemnity of the proceedings and refrain from carelessness such as sitting on tables, lounging on the chairs or courtroom fixtures, or do any act to detract from the importance and dignity of the officers of the Court. Rule 10. FILES A. Papers on file In the Court shall not be withdrawn without Order of the Court, and shall not be removed unless entrusted to one of the Officers of the Court or a clerk or messenger thereof. Said papers and files shall be transmitted by the Clerk, to another Court in which such records or files are required, only upon Order of the Judge of this Court. only upon Order of the Court. Exhibits may be withdrawn B. The Clerk of theCourt shall maintain a security file under lock and key in which shall be kept files the Court - 4 - L~:; S -,z:;r- "-:</ (/c:, ) has ordered placed under security. Files kept in the security file will be available ONLY to counsel of record unless otherwise ordered by the Court. Rule 11. COURT HOURS A. The Office of the Clerk of the Court will be open for the transaction of ~ourt business Mondays through Fridays between the hours of 8:30 A. M. through 5:00 P. M.; except for legaL.h()lidays, when said off ice shall be closed. B. The office of the Clerk of the Court shall further be open for the transaction of business at such other times as the Court may from time to time designate. C. The regular sessions of Court will be at 7:30 P.M. on Wednesday of each week, and said sessions will continue until the business of the Court has been transacted. D. vJhen the business of the Court cannot be completed during the regular Wednesday night session, the Court, at its discretion may continue any uncompleted matter to the next regular Wednesday night session of Court, or to a future day or evening time, which the Court, in its discretion deems necessary and appropriate. E. Court "essions will not be held on Sundays and legal holidays. Court sessions may be held on Saturday, at the discretion only of the Court. Rule 12. CON'l'INUANCES Cases shall not be continued upon the stipulation of counsel alone; but continuances may be allowed by Order of Court or upon the Court's own Motion. No continuance shall be allowed except for good cause shown. - 5 - J.. " ::, -j'/ ,-..!. /c ;} j Rule 13. DISMISSAL FOR FAILURE TO PROSECUTE A. At the trial, if the People of the City of Wheat Ringe, through the Offlce of the City Attorney, are unable to proceed to trial, upon Motion for Continuance for good cause, the case may be continued; however, if no Motion for Continuance is made or if the Motion is not, in the opinion of the Court, for good cause, the case will be dismissed \'lITllOUT PREJUDICE. B. If the Defendant has not specifically waived his right to be tried within one year, and no progress has been made on a case for a period of one year, the case will be dismissed "'lITH PRE-JUDICE, on the term day next following the expiration of the one year period in which no progress was made. C. When any action is dismissed once WITHOUT PREJUDICE, any subsequent dismissal of the same action shall be WITH PREJUDICE. D. When any action is dismissed 'iHTHOUT PREJUDICE, the People of the City of Wheat Ridge, must refile the action within one year of the original date of the commission of the alleged offense, otherwise the case will be dismissed WITH PREJUDICE. Rule 14. REPORTERS A. Any party to any action ln this Court is entitled to retain a reporter to serve during any proceeding; however, the party engaging the proceedings shall pay all fees charged for said reporter; except, that the opposite party or parties, shall pay the expense only for copies of reporter's transcripts which they may order. Subsections. Reserved. Rule 15. BONDS A. This Rule applies during such times as no Municipal Judge is immediately available and only to persons arrested and - 6 - l. '" ~.i "-iT~r .' ./( y) brought to the Municipal Court or to the Jefferson County jail on charges of committing a misdemeanor. B. Under this Rule, the Clerk of the Court, all deputy clerks of this Court and the Marshall of the City of Wheat Ridge or any deputy marshall or police officer which he authorizes, are hereby given authority to admit such persons to bail. C. The arrested Defendant has the right to post any of the following types of bonds: 1) Cash. 2) Real Estate (within Jefferson County, Colorado). 3) An acceptable corporate surety bond and acceptable surety. 4) Personal Recognizance Bond at the discretion of the arresting officer. D. The Court does not endorse any particular bonding company. E. If a person is arrested with a warrant, the amount of the bail will be indicated on the warrant and the Defendant shall .,e admitted to bail on said amount. F. If a person lS arrested without a warrant, the amount of the bail will be as scheduled below and the Defendant shall be aumitted to bail on said amount, to wit: 1) All general offense violations $300.00. 2) All traffic violations which require appearance in Court 300.00. 3) All traffic violations which do not ordinarily require an appearance in Court, but where the arresting officer has reason to believe that the alleged offender may not appear before the Clerk of the Court 100.00. 4) Bond jump 300 . 00 . 5) Eluding a police officer 300.00. - 7 - T'>, c c" } 00 oC') 1. ,.-' ~~ 7' / :___..._ / ( /./ G. The arresting officer in his sound discretion is authorized to release alleged offenders on their own personal recognizance in all cases. Rule 16. FEES AND COSTS--JURY F~ES 1. Witness A. 'rhe Court may assess the sum of $5.00 as Court costs against any Defendant during any proceeding in Court, which is concluded by a finding or the entry of a plea of guilty or nolo contendere. B. Witnesses appearing In response to Subpoena issued in behalf of the People of the City of Wheat Ridge shall be paid the sum of $1.50 for their appearance. 1) Witnesses who reside within the City Limits of the City of Wheat Ridge, shall not be paid mileage for their appearance in Court. 2) Witnesses who reside outside the City Limits of the City of Wheat Ridge, shall be paid 15~ per mile, one way from their place of residence or place of employment, depending upon wnere they are served, to the City Hall. C. The Court, in certain circumstances, may declare a witness to be an expert and may set fees for the testimony of said witness, as in its discretion it deems reasonable. D. Police Officers shall be paid witness fees in accordance with Section B2 above. 2. Jurors Jurors shall be paid the sum of $3.00 for their appearance and/or service at the first session of court which they attend. Should a trial require additional sessions of Court, jurors will be paid on the basis of $3.00 for each session of court required for the trial of the case on which they are sitting and deliberating. - 8 - ') :>[- ~-' -,L--T' -) / t' r L ) Rule 17. SELECTING AND SUMMONING JURORS A. When a list of jurors is drawn as provided by Ordinance, the Clerk of the Court shall preserve the list of all jurors drawn. B. The Clerk of the Court shall summon or notice In jurors for the attendance in Court from time to time as the business of the Court may require and as may be directed by the Court. Rule 18. INSTRUCTIONS A. Instructions requested shall be presented to the Court at or prior to the close of the evidence. B. Instructions shall be prepared in triplicate and double spaced with but one instruction upon a page. C. The Court, before the instructions are given to the jury will afford respective counsel a reasonable opportunity to examine proposed instructions. D. The Court shall, in its discretion, propose instructions to be read to the jury; and in such cases, said instructions shall not be prepared in triplicate. Rule 19. AGREEMENTS No oral agreements of counselor litigants concerning the progress or management of any matter pending in the Court will be enforced by the Court unless made in open Court or with the approval of the Court. Rule 20. COURT' EMPLOYEES A. The Judge of the Municipal Court is hereby empowered to approve the selection of all Court employees and to make recommendations concerning their performance and discharge. B. The Judge of the Municipal Court is hereby empowered to select his own bailiff. - 9 - /, C>, ~ (. .~) if ) ,(// j Rule 21. PURGING OF COURT FILES The Clerk of the Court, may on Term Day, purge from the Court Files, all Summons and Complaints in which cases the Defendant has fialed to appear and could not be located for a period of two years or more from the date of the alleged offense. Rule 22. (and subsequent numbered Rules) Reserved. - 10 -