General Information for Attorneys

CHANGE IN BOULDER MUNICIPAL COURT PRE-TRIAL PROCESS

In an effort to streamline the pre-trial negotiation process, the Boulder Municipal Court will no longer schedule pre-trial conferences. Defendants requesting a pre-trial conference will be scheduled for a disposition/trial setting date on the Court’s docket and directed to contact the City Attorney’s Office to schedule a pre-trial conference or meeting at a date and time convenient to the parties. It will be the parties’ responsibility to conclude plea negotiations before the disposition/trial setting date. At the disposition/trial setting date, the Court will receive any plea agreement reached by the parties or set the case for trial. Defendants who appear at arraignment and wish to speak with a prosecutor will still have that opportunity.

An attorney may enter his/her appearance in Municipal Court by filing a written  Entry of Appearance (5.11 KB). Once a written Entry of Appearance is filed, the case will be set for a dispostion/trial setting.  It is the attorney's responsibility to arrange a pretrial conference with the City Attorney to take place prior to the disposition/trial setting court appearance.

If you file a form Entry of Appearance that also includes a Not Guilty plea, be aware that under the Colorado Municipal Court Rules of Procedure, you will have only twentycalendar days after that date to request a jury trial. To preserve your client's right to a jury trial, if applicable, you can include a  Jury Demand Form (8.22 KB) and payment of the $25 jury demand fee. Alternatively, you can file an Entry of Appearance but not enter a plea on your client's behalf.

In traffic infraction cases, the Court will generally permit attorneys to enter into disposition on behalf of their clients without the defendant's appearance in court. For all other types of cases, including all cases in which the defendant is a juvenile, the defendant must appear personally unless the judge has given permission in advance to waive the defendant's appearance. The attorney will be asked to complete a form indicating that s/he has or will advise the defendant appropriately.

When an attorney is entering into a deferred sentence on behalf of a client, the attorney should have the defendant sign the deferred sentence paperwork in advance and bring it to court on the date of the disposition. Payment is also required on that date.

For cases in which a fine is assessed, attorneys are expected to pay the fine and court costs on the date of the disposition. Extensions of time for payment, if granted, will be short in duration.

In cases set for trial, please advise the court of your estimate of how long you think the trial will take. This will allow the court to avoid docket congestion and unnecessary continuances.

If you set a case for a jury trial, there are some deadlines of which attorneys should be aware. Pretrial motions should be filed not less than ten business days before trial. Jury instructions must be submitted at least two business days before trial. The City Attorney's Office will provide the standard packet of instructions, including the elements instruction. The defendant must provide any instructions regarding affirmative defenses, as well as any additional instructions requested. Instructions should be prepared using Microsoft Word and it is advisable to bring a disk containing proposed instructions to court on the day of trial. If Defendant desires that the Court instruct the jury on Defendant's Statement of the Case, the instruction must be submitted two business days before trial.

All parties are expected to appear promptly at 8:00 a.m. on jury trial days so that pretrial matters can be disposed of by the time the jurors arrive at 8:45 a.m.

Forms for Use by Attorneys:

 Entry of Appearance (5.11 KB)

 Jury Demand Form (8.22 KB)

 Standing Order 2002-5 Re: Jury Demands (18.46 KB)

 Waiver of Speedy Trial (5.19 KB)

 Standing Order 2004-2 Re: Motions Procedure (16.13 KB)

 Request for Transcript (5.83 KB)

 Request to Copy or Listen to a Court Recording (14.60 KB)

Last Updated on Wednesday, 28 June 2006 06:24