Col. R. Mag. 3

As amended through Rule Change 2024(18), effective October 2, 2024
Rule 3 - Definitions

The following definitions shall apply:

(a) Magistrate: Any person other than a judge authorized by statute or by these rules to enter orders or judgments in judicial proceedings.
(b) Chief Judge: The chief judge of a judicial district.
(c) Presiding Judge: The presiding judge of the Denver Juvenile Court, the Denver Probate Court, or the Denver County Court.
(d) Reviewing Judge: A judge designated by a chief judge or a presiding judge to review the orders or judgments of magistrates in proceedings to which the Rules for Magistrates apply.
(e) Order or Judgment: All rulings, decrees or other decisions of a judge or a magistrate made in the course of judicial proceedings.
(f) Consent:
(1) Consent in District Court:
(A) For the purposes of the rules, where consent is necessary a party is deemed to have consented to a proceeding before a magistrate if:
(i) The party has affirmatively consented in writing or on the record; or
(ii) The party has been provided notice of the referral, setting, or hearing of a proceeding before a magistrate and failed to file a written objection within 14 days of such notice; or
(iii) The party failed to appear at a proceeding after having been provided notice of that proceeding.
(B) Once given, a party's consent to a magistrate in a proceeding may not be withdrawn.
(2) Consent in County Court:
(A) When the exercise of authority by a magistrate in any proceeding is statutorily conditioned upon a waiver of a party pursuant to C.R.S. section 13-6-501 , such waiver shall be executed in writing or given orally in open court by the party or the party's attorney of record, and shall state specifically that the party has waived the right to proceed before a judge and shall be filed with the court.
(B) Once given, a party's consent to a magistrate in a proceeding may not be withdrawn.
(3) Consent in Small Claims Court:
(A) A party will be deemed to accept the jurisdiction of the Small Claims Court unless the party objects pursuant to C.R.S. section 13-6-405 and C.R.C.P. 511(b).
(B) Once given, a party's consent to a magistrate in a proceeding may not be withdrawn.

Col. R. Mag. 3

Entire chapter amended June 16, 1988, effective 1/1/1989; (a), (d), and (e) amended and effective 9/12/1991; entire chapter amended September 30, 1999, effective 1/1/2000; entire rule amended and adopted May 12, 2005, effective 7/1/2005; (f)(1)(A)(ii) amended and adopted December 14, 2011, effective 1/1/2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1(b).