Colorado

Civil Procedure

Civil Procedure

Rule 234 – Civil Injunction Proceedings; General

(a) If the Committee determines that civil injunction proceedings shall be instituted against a respondent, such proceedings may be commenced in the name of the People of the State of Colorado by a petition filed in the Supreme Court by the Regulation Counsel or by a member of the Bar appointed by the Supreme Court for the purpose of conducting such proceedings.
(b) The petition shall be in writing and shall set forth the facts and charges in plain language and with sufficient particularity to inform the respondent of the acts complained of. The petition shall specify requested relief which may include, without limitation, injunction, refund, restitution, a fine, and assessment of costs of the proceeding.
(c) The Supreme Court, upon consideration of the petition so filed, may issue its order directed to the respondent commanding the respondent to show cause why the respondent should not be enjoined from the alleged unauthorized practice of law, and further requiring the respondent to file with the Supreme Court within 21 days after service of the petition and show cause order, a written answer admitting or denying the matter stated in the petition. The show cause order, together with a copy of the petition, shall be served upon the respondent. Service of process shall be sufficient when made either personally upon the respondent or by certified mail sent to the respondent’s last known address.
(d) If no response or defense is filed within the time permitted, the Supreme Court, upon its motion or upon motion of any party, shall decide the case, granting such relief and issuing such other orders as may be appropriate.
(e) If a response or defense raises no genuine issue of material fact, any party by motion may request a judgment on the pleadings and the Supreme Court may decide the case as a matter of law, granting such relief and issuing such orders as may be appropriate.
(f) Upon the Supreme Court’s motion or upon motion of any party, questions of fact raised in proceedings under this rule shall be referred to a hearing master for determination.

C.R.C.P. 234

Source: a to c amended and adopted December 14, 1995, effective January 1, 1996; a amended and adopted October 29, 1998, effective January 1, 1999; b amended and adopted December 14, 2006, effective January 1, 2007; c amended and adopted December 14, 2011, effective January 1, 2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1 b.

Annotation Representation by non-attorneys allowed. Persons entitled to a hearing regarding the appeal of a deputy’s decision may be represented by a non-lawyer, even though such representation constitutes practicing law. Unauthorized Prac. of Law v. Employers Unity, 716 P.2d 460 (Colo. 1986). It is within the authority of the Supreme Court to promulgate rules governing the admission and regulation of lawyers. An attorney licensed to practice in another state may not engage in the practice of law in Colorado without obtaining a license or authorization from the Colorado supreme court. Unauthorized Pract. of Law v. Bodhaine, 738 P.2d 376 (Colo. 1987). Applied in People v. Love, 775 P.2d 26 (Colo. 1989).