These rules govern proceedings brought in the juvenile court under Title 19, 8B C.R.S. (1987 Supp.), also hereinafter referred to as the Children's Code. All statutory references herein are to the Children's Code as amended. Proceedings are civil in nature and where not governed by these rules or the procedures set forth in Title 19, 8B C.R.S. (1987 Supp.), shall be conducted according to the Colorado Rules of Civil Procedure. Proceedings in delinquency shall be conducted in accordance with the Colorado Rules of Criminal Procedure, except as otherwise provided by statute or by these rules.
Colo. R. Juv. P. 1
ANNOTATION Law reviews. For article, "Confessions and the Juvenile Offender", see 11 Colo. Law. 96 (1982). For article, "Toward an Integrated Theory of Delinquency Responsibility", see 60 Den. L.J. 485 (1983). For article, "Colorado Juvenile Court History: The First Hundred Years", see 32 Colo. Law. 63 (April 2003). Juvenile who is detained is entitled to a preliminary hearing by constitutional mandate. The right to a preliminary hearing in all other instances is based upon interpretation of the Colorado children's code and the Colorado rules of juvenile procedure. J.T. v. O'Rourke ex rel. Tenth Judicial Dist., 651 P.2d 407 (Colo. 1982). When juvenile entitled to preliminary hearing. Juveniles charged in delinquency proceedings with crimes (Felonies and class 1 misdemeanors) subject to Crim. P. 5 and 7 are entitled to a preliminary hearing. Juveniles held on lesser charges are not granted a right to a preliminary hearing by statute or by rule. J.T. v. O'Rourke ex rel. Tenth Judicial Dist., 651 P.2d 407 (Colo. 1982). Applicability of rules of civil procedure. The Rules of Juvenile Procedure and the applicable statutes are silent as to the effect of a direction from the court or commissioner to counsel to prepare an order; and the Rules of Civil Procedure, therefore, are applicable. People ex rel. M.C.L., 671 P.2d 1339 (Colo. App. 1983). Applied in People in Interest of S.S.T., 38 Colo. App. 110, 553 P.2d 82 (1976); People in Interest of C.R., 38 Colo. App. 252, 557 P.2d 1225 (1976); People in Interest of D.A.K., 198 Colo. 11, 596 P.2d 747 (1979); People v. District Court, 199 Colo. 197, 606 P.2d 450 (1980); People in re J.B.P., 44 Colo. App. 95, 608 P.2d 847 (1980); People in Interest of C.A.K., 628 P.2d 136 (Colo. App. 1980); In re U.M. v. District Court, 631 P.2d 165 (Colo. 1981); People in Interest of M.R.J., 633 P.2d 474 (Colo. 1981); People in Interest of B.J.D., 626 P.2d 727 (Colo. App. 1981); People in Interest of A.M.D., 648 P.2d 625 (Colo. 1982); People in Interest of J.F.C., 660 P.2d 7 (Colo. App. 1982); People in Interest of A.L.C., 660 P.2d 917 (Colo. App. 1982); People ex rel. J.F., 672 P.2d 544 (Colo. App. 1983); People in Interest of M.M.T., 676 P.2d 1238 (Colo. App. 1983).