Colo. R. App. P. 45

As amended through Rule Change 2024(16), effective September 12, 2024
Rule 45 - Duties of Clerk of the Appellate Court
(a) General Provisions.
(1)Qualifications. The clerk of the appellate court must take any oath required by law. Neither the clerk nor any deputy clerk may practice as an attorney or counselor in any court while in office.
(2) When Court is Open. The appellate courts are always open for filing any document, issuing and returning process, making a motion, and entering an order. The clerk's office with the clerk or a deputy in attendance must be open during business hours on all days except Saturdays, Sundays, and legal holidays, as defined in C.A.R. 26(a), but the chief justice may order that the clerk's office be open or closed during specified hours on other days.
(b)Records.
(1) The Docket. The clerk must maintain a docket and an index of all docketed cases in the manner prescribed by the appellate court. The clerk must record all documents filed with the clerk and all process, orders, and judgments.
(2)Calendar. Under the court's direction, the clerk must prepare a calendar of cases awaiting argument. In placing cases on the calendar for argument, the clerk must give preference to appeals and other proceedings entitled to preference by law.
(3)Other Records. The clerk must keep other records as required by the court.
(c) Service of Orders and Judgments. The clerk must serve all orders and judgments on each party and note the date of service on the docket. Service on a party represented by counsel must be made on counsel.
(d) Custody of Records and Documents. The clerk has custody of the court's records and documents. Unless the court orders otherwise, the clerk must not permit an original record or document to be taken from the clerk's custody. Upon disposition of the case, the clerk must return original documents containing the record on appeal or review to the court or agency from which they were received. The clerk must preserve a copy of any brief, appendix, or other document that has been filed.

C.A.R. 45

Amended and effective June 23, 2014; amended and adopted by the Court, En Banc, 6/9/2016, effective immediately.