C.M.C.R. 201

History

Source: Entire chapter amended June 30, 1988, effective January 1, 1989. ANNOTATION Municipal court rules of procedure are ap- plicable to home-rule municipal courts. Hardamon v. Municipal Court, 178 Colo. 271, 497 P.2d 1000 (1972). Nature of case determines which rules ap- ply. It is the nature of the case, and not the court in which the case is being tried, that determines whether the municipal court rules or the rules of criminal procedure apply. Rainwater v. County Court, 43 Colo. App. 477, 604 P.2d 1195 (1979). Rules apply in trial de novo for violation of ordinance. The municipal court rules, and not the rules of criminal procedure, apply in a trial de novo in the county court for violation of a municipal ordinance. Rainwater v. County Court, 43 Colo. App. 477, 604 P.2d 1195 (1979). Absent rules, power exercised in court’s discretion. The absence of procedural rules as to exercise of power to permit the consolidation of charges, to permit amendments thereto, or to permit the charging party to withdraw any one or more of the charges made, does not destroy the power, but merely indicates that the manner of its exercise rests in the sound discretion of the court. Paukovich v. County Court, 44 Colo. App. 208, 615 P.2d 54 (1980).