C.R.C.I. 13

History

Source: Entire rule added, effective April 7, 2022 (Rule Change 2022(07)). Rule 13.5. Postjudgment Remedies (a) Every person against whom a judgment is entered is entitled as a matter of right to make an application for postjudgment review upon grounds that are properly the basis for collateral attack on the validity of the judgment. (b) One applying for postjudgment review shall file a motion in the court that imposed the judgment and penalty. The motion shall allege, in good faith, one or more grounds for challenging the validity of the judgment. (c) A collateral attack shall be commenced within six months of the entry of judgment. Any motion for postjudgment review filed outside this six-month period shall allege facts which, if true, would establish an exception to the time limit listed in either section 16-2.3-101(5)(b) or section 42-4-1708.5(5)(b). (d) The court shall promptly review a motion seeking postjudgment review. In con- ducting such review, the court shall consider, among other things, whether the motion is timely under the provisions of section 16-2.3-101 or section 42-5-1708.5. (e) The court may grant or deny relief without holding a hearing by entering written findings. The court may grant a hearing if the court determines that a hearing is necessary. After such a hearing, the court shall enter oral or written findings either granting or denying relief. (f) Any appeal from the grant or denial of a motion for postjudgment review shall be according to section 13-6-504 and Rule 37, Crim. P. Source: Entire rule added, effective April 7, 2022 (Rule Change 2022(07)).