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CO · rules

C.A.R. 45

Duties of Clerk of Appellate Court

activein force · 2016-06-09 – presentact-effective-date

(a) General Provisions.

(1) Qualifications. The clerk of the appellate court must take any oath required by law.

Neither the clerk nor any deputy clerk may practice as an attorney or counselor in any

court while in office.

(2) When Court is Open. The appellate courts are always open for filing any

document, issuing and returning process, making a motion, and entering an order. The

clerk’s office with the clerk or a deputy in attendance must be open during business hours

on all days except Saturdays, Sundays, and legal holidays, as defined in C.A.R. 26(a), but

the chief justice may order that the clerk’s office be open or closed during specified hours

on other days.

(b) Records.

(1) The Docket. The clerk must maintain a docket and an index of all docketed cases

in the manner prescribed by the appellate court. The clerk must record all documents filed

with the clerk and all process, orders, and judgments.

(2) Calendar. Under the court’s direction, the clerk must prepare a calendar of cases

awaiting argument. In placing cases on the calendar for argument, the clerk must give

preference to appeals and other proceedings entitled to preference by law.

(3) Other Records. The clerk must keep other records as required by the court.

(c) Service of Orders and Judgments. The clerk must serve all orders and judgments

on each party and note the date of service on the docket. Service on a party represented by

counsel must be made on counsel.

(d) Custody of Records and Documents. The clerk has custody of the court’s records

and documents. Unless the court orders otherwise, the clerk must not permit an original

record or document to be taken from the clerk’s custody. Upon disposition of the case, the

clerk must return original documents containing the record on appeal or review to the court

or agency from which they were received. The clerk must preserve a copy of any brief,

appendix, or other document that has been filed.

History

Source: Entire rule amended and effective June 23, 2014; entire rule amended and effective June 9, 2016.

Provenance

Source
content.leg.colorado.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
57c946d520ab23458f20e5587bdd51c3e8dcc8c606c9dee423ae63907b710a6e
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C.A.R. 45 — Duties of Clerk of Appellate Court · binding.law