New location for Conejos County proceedings
Appeals
Appeals

Magistrate Review

These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

Magistrate Review

 

When the Magistrate in a case issues their Final Orders, you have a few options:

  1. Do Nothing and comply with the orders.
  2. Ask the Magistrate to correct admin errors, typos, or add missing details.
  3. Ask the Magistrate to reconsider the decision, given specific key law or facts they got wrong.
  4. Ask a Judge to review the Magistrate's decision, given errors they made in legal analysis, a clear error in determining the facts of the case, or doing something the law doesn't allow them to do.

 

Final Orders

The process outlined here applies to the final orders issued in a case.

  • A final order is one that resolves the last of the issues that brought the parties into (or back into) court.
    • Common exemptions: Temporary Orders for Child or Spousal Support.
  • Final Orders must be written out/printed (not orally given or a transcript).  They must also be signed and dated by the Magistrate.
  • A "minute order" is not a final order unless it is signed and dated by the Magistrate.
  • The due date to start the Magistrate Review process doesn't start until there is a written, signed, and dated order.

Forms
  • [JDF TBD] - Request for Magistrate Review (coming soon)
    • In the meantime, you can use [JDF 76] - General Motion, to make your request.
  • [JDF 4] - Transcript Request
  • [JDF 81] - General Response

 

Step-by-Step

Step 0 - Final Order

  • The Final Order is issued by the Magistrate.

 

Step 1 - Request Review

  • Use form: [JDF TBD].
  • Filing Fee: None.
  • File into your existing case.  Send a copy to the other parties.
    • Due to tight deadlines, it is highly recommended that you file and serve using [Colorado Courts Efiling] if available in your case.
  • In the form, check the type of review you're seeking:
    • Fix a clerical type error.
    • Have the Magistrate reconsider the decision because of a missed law or a misunderstanding of a crucial fact.
    • Have a Judge review the final decision for errors in law, fact, or abuse of discretion.
  • Due Date
    • The due date for the form depends on the review type you selected.
    • Clerical and Reconsideration reviews: 14 Days from the Final Order.
    • For a review by a Judge, the form is usually due within 28 Days of the Final Order. (See the Time discussion in the Resources section for less common time factors)

 

Step 1B - Transcript Request

  • If you are requesting a Judge review the decision, you may need to order a Transcript.
    • See the Request form, JDF TBD, for info on when this may be necessary for you.
  • Use Form JDF 4 - Transcript Request.
    • Provide this to the Court.  Check the box in Section 2 of JDF TBD.
    • Check with your local court on how to submit JDF 4.  Some may require filing the form into the case; others may just require an email to the Court's admin or clerk's office.
  • You will have to pay for the transcript.  A rough estimate is about $150 per hour you were in Court for the Hearing.
    • The cost of a transcript can not be waived.

 

Step 2 - Response

  • Use form: JDF 81 - General Response.
  • Filing Fee: None
  • Due Dates:
    • This is due within 7 days for Clerical and Reconsideration reviews.
    • This is due within 14 days for a review by a Judge.
  • File the form into your case and send a copy to the other parties.
    • Due to tight deadlines, it is highly recommended that you file and serve using [Colorado Courts Efiling] if available in your case.

 

Step 3 - Decision

  • If the Magistrate denies the request to fix clerical errors or reconsider in the Final Order, you can then go on to have a Judge review the final decision.
    • Note - The Magistrate must issue their decision within 21 days of the Response being due.  If not, the request is denied. See the Notes and Resources section for updated timelines.
  • If the Judge keeps the Magistrate's final decision, you can appeal to the Colorado Court of Appeals.  See [JDF 1910] for info and forms.
    • Note - The Judge must issue their written order within 91 days of filing the review request.  If not, the request is denied. The time to submit an appeal to the Court of Appeals starts.

 

Notes & Resources
  • [Appeals Page Overview]
  • See Section 5 of JDF TBD for next steps.
  • See JDF 1910 for info and forms to appeal to the Colorado Court of Appeals.

 

Time Factors

The timelines can get a bit complicated for this process.  See Colorado Rule of Magistrates (C.R.M.) 7 to try to decode them for yourself.  Here is our best understanding:

  1. The Final Order is issued by the Magistrate (the 28-day deadline to request a Judge's Review begins).

Note: Step 2 is optional.  Filer can directly go to step 5

  1. IF a request to reconsider or correct a clerical error is filed on time within 14 days of Step 1 (the countdown to request a Judge's Review is paused when the filing is made).
  2. A response opposing the Step 2 request is filed (due within 7 days of Step 2).
  3. 7 Days after the Step 2 request is filed. (time for Magistarte to rule on the Step 2 request starts - 21 days)

IF: Magistrate grants (all or in part) a request to reconsider or fix clerical errors: time to file for Judge's review restarts at 28 days of the written and signed amended order/judgement.

IF: Magistrate denies the Step 2 request: The time to file for Judge's review is unpaused from Step 2 above (legal term tolled).

IF: Magistrate doesn't issue a decision on the Step 2 request within 21 days of Step 4: The time to file for Judge's review is unpaused from Step 2 above (legal term tolled).

  1. Due date to file a Request for Judge's Review.
  2. A response opposing the Step 5 request is due within 14 days.
  3. The Judge's decision is due within 91 days of Step 5. If no decision is made, the request is automatically denied. If the Step 5 request is denied, the deadline to appeal to the Colorado Court of Appeals begins (49 days)

 

Consent to a Magistrate

In some cases, you have the option to have your case heard by a Judge or a Magistrate.  In most cases, you don't have the choice.  But if you did have the option, note that a review by the Judge under this process will be limited to whether consent was properly given.