Colorado

Criminal Procedure

Criminal Procedure

Rule 49 – Service and Filing of Papers

(a) Service-When Required. Written motions other than those which are heard ex parte, written notices, and similar papers shall be served upon the adverse parties. A motion or other pleading that includes a claim alleging a state statute or municipal ordinance is unconstitutional shall also be served upon the Attorney General.
(b) Service-How Made. Whenever under these Rules or by court order service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon the attorney or upon a party shall be made in the manner provided for civil actions unless otherwise ordered by the court.
(c) Notice of Orders. Immediately upon entry of any order made out of the presence of the parties after the information or indictment is filed, the clerk shall mail to each party affected a notice of the order and shall note the mailing in the docket.

Colo. R. Crim. P. 49

Source: a amended and effective October 18, 2007.

Annotation Reversal of verdict on the basis of failure to disclose certain information to the defendant is mandated only where the information might have affected the outcome of the trial. However, failure of prosecution to give notice to defendant of grants of immunity to two witnesses was not reversible error in that the ex parte order was available to the defense counsel in court records and there was nothing to indicate that the defense counsel’s lack of knowledge regarding the grants of immunity might have in any way prejudiced the defendant so as to have affected the outcome of the trial. People v. Hickam, 684 P.2d 228 (Colo. 1984).

For the manner of service in civil actions, see C.R.C.P. 5.