Rule 6 - Functions of District Court Magistrates(a) Functions in Criminal Cases: A district court magistrate may perform any or all of the following functions in criminal proceedings: (1) No consent necessary: (A) Conduct initial appearance proceedings, including advisement of rights, admission to bail, and imposition of conditions of release pending further proceedings. (B) Appoint attorneys for indigent defendants and approve attorney expense vouchers. (C) Conduct bond review hearings. (D) Conduct preliminary and dispositional hearings pursuant to C.R.S. sections 16-5-301(1) and 18-1-404(1). (E) Schedule and conduct arraignments on indictments, informations, or complaints. (F) Order presentence investigations. (G) Set cases for disposition, trial, or sentencing before a district court judge. (H) Issue arrest and search warrants, including nontestimonial identifications under Rule 41.1. (I) Conduct probable cause hearings pursuant to rules promulgated under the Interstate Compact for Adult Offender Supervision, C.R.S. sections 24-60-2801 to 2803 (J) Any other function authorized by statute or rule. (2) Consent necessary: (A) Enter pleas of guilty. (B) Enter deferred prosecution and deferred sentence pleas. (C) Modify the terms and conditions of probation or deferred prosecutions and deferred sentences. (D) Impose stipulated sentences to probation in cases assigned to problem solving courts. (b) Functions in Matters Filed Pursuant to Colorado Revised Statutes Title 14 and Title 26: (1) No Consent Necessary (A) A district court magistrate shall have the power to preside over all proceedings arising under Title 14, except as described in section 6(b)(2) of this Rule. (B) A district court magistrate shall have the power to preside over all motions to modify permanent orders concerning property division, maintenance, child support or allocation of parental responsibilities, except petitions to review as defined in C.R.M. 7. (C) A district court magistrate shall have the power to determine an order concerning child support filed pursuant to Section 26-13-101 et. seq. (D) Any other function authorized by statute. (2) Consent Necessary: With the consent of the parties, a district court magistrate may preside over contested hearings which result in permanent orders concerning property division, maintenance, child support or allocation of parental responsibilities. (c) Functions in Civil Cases: A district court magistrate may perform any or all of the following functions in civil proceedings: (1) No consent necessary (A) Conduct settlement conferences. (B) Conduct default hearings, enter judgments pursuant to C.R.C.P. 55, and conduct post-judgment proceedings. (C) Conduct hearings and enter orders authorizing sale, pursuant to C.R.C.P. 120. (D) Conduct hearings as a master pursuant to C.R.C.P. 53. (E) Hear and rule upon all motions relating to disclosure, discovery, and all C.R.C.P. 16 and 16.1 matters. (F) Conduct proceedings involving protection orders pursuant to C.R.S. Section 13-14-101 et. seq. (G) Any other function authorized by statute. (2) Consent Necessary: A magistrate may perform any function in a civil case except that a magistrate may not preside over jury trials. (d) Functions in Juvenile Cases: A juvenile court magistrate shall have all of the powers and be subject to the limitations prescribed for juvenile court magistrates by the provisions of Title 19, Article 1, C.R.S. Unless otherwise set forth in Title 19, Article 1, C.R.S., consent in any juvenile matter shall be as set forth in CRM 3(f)(1). (e) Functions in Probate and Mental Health Cases: (1) No consent necessary: (A) Perform any or all of the duties which may be delegated to or performed by a probate registrar, magistrate, or clerk, pursuant to C.R.P.P. 4 and C.R.P.P. 5. (B) Hear and rule upon petitions for emergency protective orders and petitions for temporary orders. (C) Any other function authorized by statute. (2) Consent Necessary (A) Hear and rule upon all matters filed pursuant to C.R.S. Title 15. (B) Hear and rule upon all maters filed pursuant to C.R.S. Title 25 and Title 27. (f) A district court magistrate shall not perform any function for which consent is required under any provision of this Rule unless the oral or written notice complied with Rule 5(g). Entire chapter amended June 16, 1988, effective 1/1/1989; (c)(1), (d)(2), and (d)(3) amended and (12) added September 6, 1990, effective 1/1/1991; (rule title), (a), IP(b), IP(c), IP(d), (d)(11), and (e) amended and effective 9/12/1991; entire chapter amended September 30, 1999, effective 1/1/2000; (6)(b) amended and adopted, effective 11/6/2003; entire rule amended and adopted May 12, 2005, effective 7/1/2005; (d) amended and effective 1/11/2007; (a)(2)(D) added and effective 10/14/2010; amended May 25, 2017, effective 7/1/2017; amended September 11, 2018, effective 9/11/2018. ANNOTATION Law reviews. For article, "Family Law Magistrates: An Overview of Review and Appeal Procedures", see 32 Colo. Law. 91 (September 2003). For purposes of applying these rules, a motion filed in a dissolution of marriage case that seeks interpretation and clarification of a prior stipulation filed in the same case does not change the character of the action from a family law matter to a civil matter. People ex rel. Garner v. Garner, 33 P.3d 1239 (Colo. App. 2001). Family law magistrate lacks jurisdiction to act on a motion regarding parenting time under the Uniform Dissolution of Marriage Act once decision-making responsibilities are at issue. In re Ferris, 75 P.3d 1170 (Colo. App. 2003). Characterization of a common law marriage determination hinges on context in which the issue is raised. When the common law marriage issue is related to an effort to dissolve a marriage, it constitutes a "family law case", thereby implicating section (b) of this rule and § 13-5-301(3). In re Phelps, 74 P.3d 506 (Colo. App. 2003) (decided prior to 2004 repeal of § 13-5-301 ). Determination of the sequence of death is not a power that may be delegated by the probate court and exercised by a magistrate under subsection (d)(11). Estate of Jordan v. Estate of Jordan, 899 P.2d 350 (Colo. App. 1995). Determination of the intent of the decedent is not a power that may be delegated by the probate court and exercised by a magistrate under subsection (d)(11). In re Estate of Hillebrandt, 979 P.2d 36 (Colo. App. 1999). Section (c) of this rule allows a magistrate to conduct pre-trial discovery proceedings with the consent of the parties, but does not allow a magistrate to enter a default judgment against a party as a sanction for a discovery violation. Goderstad v. Dillon Cos., Inc., 971 P.2d 693 (Colo. App. 1998). Subject matter jurisdiction for proceedings to determine parentage and related issues is conferred on the magistrate by § 19-1-108(1). In re A.P.H., 98 P.3d 955 (Colo. App. 2004). Requirement in § 19-1-108(3)(a) that a magistrate inform the parties of their right to a hearing before a judge in the first instance is mandatory. In re R.G.B., 98 P.3d 958 (Colo. App. 2004).