Colorado Rules of Criminal Procedure – What Are They?

The Colorado Rules of Criminal Procedure (a.k.a. “Crim. P.”) outline the regulations that judges, prosecutors, and defense lawyers are required to follow in Colorado’s 22 district courts. The Crim. P. was amended as recently as November of 2022. What follows is a summary of each section:

 I. Scope, Purpose, and Construction

Rule 1. Scope

The Colorado Rules of Criminal Procedure govern all of the state’s district courts (with exceptions as stated in Rule 54).

Rule 1. Purpose and Construction

The Colorado Rules of Criminal Procedure are meant to promote fairness and efficiency.¹

II. Initiation of Preliminary Felony Proceedings

Rule 3. The Felony Complaint

Felony complaints must outline all the crimes charged and be signed by the applicable prosecutor.

Rule 4. Warrant or Summons Upon Felony Complaint

Depending on the felony case, judges will issue a warrant or a summons after the district attorney files a felony complaint. If you are summoned and fail to appear, then the judge will issue a warrant for your arrest.

Rule 4.1. County Court Procedure – Misdemeanor and Petty Offense – Warrant or Summons Upon  Complaint

Misdemeanor, petty offense, and traffic cases begin in county court as opposed to district court. If you fail to appear on a summons – or you fail to pay a fine on time – you may have a bench warrant issued for your arrest.

Rule 4.2. Arrest Warrant Without Information, Felony Complaint, or Complaint

Judges may issue arrest warrants prior to the filing of an information or complaint as long as the state submits an affidavit establishing probable cause that you committed a crime.

Rule 5. Preliminary Proceedings

Rule 5 outlines when you are entitled to a preliminary hearing, which is like a mini-trial where prosecutors have to prove to the court that there is sufficient probable cause to charge you for a felony. If you lose the preliminary hearing (or fail to request one), your case will be “bound over” from county court to district court.²

III. Indictment and Information

Rule 6. Grand Jury Rules

Most felony cases begin with the state filing an information, but in some cases the judge can summon a grand jury to determine whether there is probable cause to charge (“indict“) you. Grand juries may issue an indictment based on one sworn witness except in perjury cases, where two sworn witnesses are required.

Rule 6.1. Subpoenas – Issuance and Time Limits

With some exceptions, subpoenas to appear before a grand jury must be served on a witness at least 48 hours before their grand jury appearance.

Rule 6.2. Secrecy of Proceedings – Witness Privacy – Representation by Counsel

Grand jury witnesses are entitled to have legal counsel, though attorneys cannot address the grand jury or make objections or arguments.

Rule 6.3. Oath of Witness

Grand jury witnesses must take an oath to tell the truth under penalty of perjury.

Rule 6.4. Reporting of Proceedings

A court reporter must be present during grand jury proceedings.

Rule 6.5. Investigator

A grand jury can request the court to appoint an investigator to help them.

Rule 6.6. Indictment – Presentation – Sealing

If a grand jury indicts you, the D.A. can ask the court to seal the indictment until you are arrested.

Rule 6.7. Reports

A grand jury report may be prepared and released as permitted by CRS 16-5-205.5.

Rule 6.8. Indictment – Amendment

Indictments can be amended in form but not in substance.

Rule 6.9. Testimony

For good cause shown, grand jury witnesses can have transcripts of their testimony.

Rule 7. The Indictment and the Information

Indictments and informations must be written. Rule 7 outlines what details must be included in each.

Rule 8. Joinder of Offenses and of Defendants

Rule 8 details which criminal cases must be joined (“mandatory joinder”) and which cases may be joined (“permissive joinder”).

Rule 9. Warrant or Summons Upon Indictment of Information

In some cases, judges can issue a summons instead of an arrest warrant. Though if you fail to appear on the summons, then the judge will issue a warrant.³

IV. Arraignment and Preparation for Trial

Rule 10. Arraignment

You must personally appear at your arraignment if your charge potentially carries more than one year in jail (except for good cause shown).

Rule 11. Pleas

Once you are charged, you have the option of pleading:

• guilty
• not guilty
• not guilty by reason of insanity, or
• nolo contendere (no contest)

Rule 12. Pleadings, Motions Before Trial, Defenses, and Objections

You have 21 days after being charged to make a motion objecting to your information or indictment.

Rule 12.1 Notice of Alibi

Repealed.

Rule 13. Trial Together of Indictments, Informations, Complaints, Summons and Complaints

The judge can join two or more cases together.

Rule 14. Relief from Prejudicial Joinder

The court can try cases separately if joinder would be prejudicial to either you or the D.A.

Rule 15. Depositions

The court can allow a deposition of a witness who is unable to attend trial.

Rule 16. Discovery and Procedure Before Trial

The prosecution is required to provide you all relevant evidence in your case. You are required to disclose your defenses, including whether you had an alibi.

Rule 17. Subpoena

Witnesses who disobey a subpoena to appear for trial will have a bench warrant issued for their arrest.⁴

V. Venue

Rule 18. Venue

Cases are tried in the applicable jurisdiction in accordance with

• CRS 18-1-202 (general venue statute),
• CRS 13-73-107 & 13-74-107 (re. statewide and judicial district grand jury indictments)
• CRS 18-2-202(2)(a) (conspiracy)
• CRS 18-3-304(4) (violation of custody orders)
• CRS 19-2.5-104 (juvenile cases)
• CRS 16-6-101 et seq. and Crim. P. 21 (change of venue),
• Colorado Constitution or U.S. Constitution

Rule 19. No Colorado Rule

Rule 20. No Colorado Rule

Rule 21. Change of Venue or Judge

Rule 21 outlines the grounds upon which a criminal case’s venue or judge can be changed.

Rule 22. Time of Motion to Transfer

Motions for a change of venue or judge can be made

• at or before your arraignment or
• anytime before trial (for good cause shown for a late filing)⁵

VI. Trial

Rule 23. Trial by Jury or to the Court

Felony jury trials must have 12 jurors, though you can elect to have a jury of no less than six jurors (except in class 1 felony cases). Misdemeanor trial juries must have six jurors, though you can elect to have a jury of no less than three jurors. If you are accused of a petty offense, you can ask for a jury of three to six jurors. Jury verdicts must be unanimous.

Rule 24. Trial Jurors

During voir dire, attorneys for the defense and prosecution can dismiss prospective jurors for cause (such as bias). Attorneys also have a limited number of peremptory challenges (dismissing a juror without having to give a reason).

Rule 25. Disability of Judge

If your judge dies or becomes unable to preside over your case, another judge can substitute in or grant a new trial if necessary.

Rule 26. Evidence

Unless an exception applies, witnesses must give testimony orally in open court.

Rule 26.1. Determination of Foreign Law

You must give reasonable written notice if you intend to raise an issue concerning another country’s law.

Rule 26.2. Written Records

Deleted.

Rule 27. Proof of Official Record

Deleted.

Rule 28. No Colorado Rule

Rule 29. Motion for Acquittal

The judge must acquit you if the evidence is insufficient to prove guilt beyond a reasonable doubt. A judge can do this even after the jury returns a guilty verdict.

Rule 30. Instructions

Judges must read jury instructions to the jury prior to deliberations.

Rule 31. Verdict

The verdict must be unanimous and signed by the jury foreman.⁶

VII. Judgment

Rule 32. Sentence and Judgment

Following a conviction, the judge must impose a sentence “without unreasonable delay.” Judges have the discretion to impose probation instead incarceration.

Rule 32.1 Death Penalty Sentencing Hearing

This rule is no longer applicable now that Colorado has abolished the death penalty.

Rule 32.2. Death Penalty Post-Trial Procedures

This rule is no longer applicable now that Colorado has abolished the death penalty.

Rule 33. New Trial

You can file a motion for a new trial within 14 days of the verdict. (You may have more time if the grounds for a new trial include newly discovered evidence.)

Rule 34. Arrest of Judgment

The court must arrest judgment if the charging documents do not charge an offense, or if the court lacked jurisdiction. The motion in arrest of judgment must be made within 14 days after the verdict or finding of guilt.

Rule 35. Postconviction Remedies

Rule 35 outlines the grounds and procedures for pursuing a motion to vacate, set aside, or correct the sentence after you have been convicted. Learn more about post-conviction remedies in Colorado, including 35(b) motions for reconsideration.

Rule 36. Clerical Mistakes

Clerical mistakes in the record may be corrected by the court at any time.

Rule 37. Appeals from County Court

If your case is in county court, you can appeal the judgment or sentence to district court. (If your county has a superior court, you would appeal to superior court instead of district court.) The notice of appeal must be filed within 35 days of the judgment.

Rule 37.1. Interlocutory Appeal from County Court

If your case is in county court, and if the judge grants your motion to suppress evidence, the D.A. can file an interlocutory appeal to the district court. The notice of appeal must be filed within 14 days of the entry of order being appealed.

Rule 38. Appeals from the District Court

You can appeal district court judgments in accordance with the Colorado Appellate Rules.

Rule 39. Stays

The filing of an interlocutory appeal automatically stays all proceedings until final determination of the appeal, unless the appellate court lifts such stay in whole or in part.⁷

Rule 40. (Reserved)

VIII. Supplementary and Special Proceedings

Rule 41. Search, Seizure, and Confession

Judges may issue a search warrant to search and seize property:

• that is stolen or embezzled;
• that is designed or intended for use as a means of committing a criminal offense;
• that is or has been used as a means of committing a criminal offense;
• the possession of which is illegal;
• which would be material evidence in a subsequent criminal prosecution;
• the seizure of which is expressly required, authorized, or permitted by a Colorado statute; or
• which is kept, stored, maintained, transported, sold, dispensed, or possessed in violation of Colorado law, under circumstances involving a serious threat to public safety or order, or to public health.

If you made an involuntary confession, you can file a motion to suppress it.

Rule 41.1. Court Order for Nontestimonial Identification

Rule 41.1 outlines the procedures for and grounds on which a judge may issue an order for nontestimonial identification.

Rule 41.2. Interlocutory Appeal from the County Court

Repealed.

Rule 41.3. Interlocutory Appeal from District Court

See Colorado Appellate Rules.

Rule 42. No Colorado Rule

Rule 43. Presence of the Defendant

You must be present at your arraignment, preliminary hearing, voir dire, trial, plea, and sentence unless otherwise provided by Rule 43.

Rule 44. Appearance of Counsel

If you cannot afford an attorney, an attorney will be appointed to represent you.

Rule 45. Time

In computing any period of time, the day of the event from which the designated period of time begins to run is not to be included. The last day of the period is to be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.

Rule 46. Bail

In considering bail, the judge shall be governed by the Colorado Constitution and U.S. Constitution.

Rule 46.1. Bail – County Courts

Repealed.

Rule 47. Motions

You must make pretrial motions in writing unless the court permits an oral motion.

Rule 48. Dismissal

Rule 48 outlines the procedure and grounds for dismissing a criminal charge.

Rule 49. Service and Filing of Papers

If you are represented by counsel, any papers must be served upon your attorney unless otherwise ordered by the court.

Rule 49.5. Electronic Filing and Service System

E-Filing and E-Service may be used for certain cases filed in Colorado. Learn more here.

Rule 50. Calendars

When calendaring court hearings, preference must be given to criminal cases.

Rule 51. Exceptions Unnecessary

If you have no opportunity to object to a ruling or order, the absence of an objection does not thereafter prejudice you.

Rule 52. Harmless Error and Plain Error

Courts must disregard harmless errors, defined as any error, defect, irregularity, or variance which does not affect substantial rights. Courts may take notice of plain errors, defined as defects affecting substantial rights.

Rule 53. Regulation of Conduct in the Courtroom

Conduct in the courtroom pertaining to the publication of judicial proceedings shall conform to Canon 3 of the Canons of Judicial Ethics, as adopted by the Supreme Court of Colorado.

Rule 54. Application and Exception

The Crim. P. do not apply to municipal ordinance and charter violations.

Rule 55. Records

Court clerks must keep a record known as the register of actions.

Rule 55.1. Public Access to Court Records in Criminal Cases

Court records are presumably public unless the court seals them in compliance with the law.

Rule 56. Courts and Clerks

All courts of record shall be deemed open for the purpose of filing any proper paper, of issuing and returning process and of making motions and orders.

Rule 57. Rules of Court

Any proposed local rules or amendments cannot be inconsistent with the Colorado Rules of Criminal Procedure or with any directive of the Supreme Court regarding the conduct of formal judicial proceedings in criminal courts.

Rule 58. Forms

See the Appendix to Chapter 29.

Rule 59. Effective Date

The Crim. P. took effect on April 1, 1974.

Rule 60. Citation

These Rules may be known and cited as the “Colorado Rules of Criminal Procedure”, or “Crim. P.“⁸

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