Friday, July 6, 2012

The Rule of 7 or why do I have to learn new deadlines after practicing law for 29 years?

On January 1, 2012, the Colorado Supreme Court changed all of the  Rules of Civil Procedure to make all deadlines divisible by 7.  I learned in law school that an answer was due 20 days after service.  Now it is 21 days after service.  Answers to discovery requests were always due in 30 days.  Now it is 35 days.  I can understand that all new deadlines are divisible by 7, but why did the Supreme Court give a District Court judgment debtor 21 days to answer  Rule 69 Interrogatories and only give a County Court judgment debtor 14 days to answer Rule 369 Interrogatories?   Why couldn't it be the same amount of time? 

Now the Colorado State Legislature has joined into the Rule of 7.  It changed all deadlines that affect court proceedings to be divisible by 7 as well.  This is effective on July 1, 2012.  So if you want to appeal a county court judgment, you now have 21 days to do so, instead of the 15 you used to have.  So take heed all you attorneys who get the desperate phone call from the procrastinating litigant on the 13th day, you still have 8 more days to file that appeal! 

Terry Ehrlich, Esq.  Arnold & Arnold, LLP
http://www.arnoldarnold.com/

If you are a landlord or represent a landlord, that deliquent tenant has a few more days.  The tenant formerly had to appear not less than five days or more than 10 days after the summons was issued. It has now been changed to not less than seven and not more than fourteen days from the date of issuance of the summons. 

Garnishment deadlines have also changed as of July 1, 2012.  Writs of Continuing Garnishment now last for 182 days, instead of 180.  Two more days of wages!  However, a garnishee who thinks they have an exemption now has fourteen days, instead of ten, to file the claim of exemption.  However, the exemption still can't claim "I can't pay because I have no money".

The Legislature has also decreed that you have to stay married to that "jerk", "deadbeat" or whatever label you give to your soon to be ex-spouse one day longer.  You can't get a decree of marriage until 91 days have passed since the Court acquired jurisdiction over the respondent.  It used to be 90 days. 

This blog is not intended to be an exhaustive list of all changes in deadlines.  You will need to assume that all deadlines must be divisible by 7.  If you are looking at a deadline that you think is 10 days, think again.  It is probably 14 days!  Good luck with relearning all of deadlines you memorized in law school!