Colorado Revised Statutes

Colo. Rev. Stat. § 13-2-109 (2024)

Rules of criminal procedure

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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(1) The supreme court has the power to prescribe, from time to time, rules of pleading, practice, and procedure with respect to all proceedings in all criminal cases in all courts of the state of Colorado.

(2) The supreme court shall fix the dates when such rules take effect and the extent to which they apply to proceedings then pending.

Source: L. 60: p. 118, § 1. CRS 53: § 37-2-34. C.R.S. 1963: § 37-2-27.

Cross references: For the Colorado rules of criminal procedure, see chapter 29 of the Colorado court rules.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2007–2022 · leading case: Lees v. James, 2018 COA 173.
Lees v. James, 2018 COA 173. · cites it 2× “2018 (addressing the supreme court’s authority to promulgate rules of civil procedure); § 13-2-109, C.R.S. 2018 (addressing the supreme court’s authority to promulgate rules of criminal procedure); § 13-2-110, C.”
Frasco v. People, 165 P.3d 701 (Colo. 2007). · cites it 2× “See § 13-2-109, C.R.S. (2006) (authorizing the Colorado Supreme Court to issue rules of criminal procedure).”
People v. William Robert Eason, 516 P.3d 546 (Colo. Ct. App. 2022). · cites it 4× “” (citing section 13-2-109)). ¶ 21 So if Rule 24(c)(4) is a rule “governing practice and procedure” — that is, a procedural rule — it doesn’t run afoul of separation of powers.”
Ziankovich v. Members of the Colorado Supreme Court, No. 1:20-cv-00158 (D. Colo. Feb. 13, 2020). “§ 13-2-109 (granting power to determining the rules of pleading, practice, and procedure for criminal cases “in all courts of the state of Colorado”).”
Colo. Rev. Stat. § 13-2-109(1): 1 case
People v. William Robert Eason, 516 P.3d 546 (Colo. Ct. App. 2022). “” (citing section 13-2-109)). ¶ 21 So if Rule 24(c)(4) is a rule “governing practice and procedure” — that is, a procedural rule — it doesn’t run afoul of separation of powers.”
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