Colorado

Criminal Procedure

Criminal Procedure

Rule 54 – Application and Exception

(a) Courts. These Rules apply to all criminal proceedings in all courts of record in the state of Colorado. These Rules do not apply to municipal ordinance and charter violations.
(b) Proceedings.

(1) Peace Bonds. These Rules do not alter the power of judges to hold for security of the peace and for good behavior as provided by law, but in such cases the procedure shall conform to these rules so far as they are applicable.
(2) Other Proceedings. These Rules are not applicable to extradition and rendition of fugitives; forfeiture of property for violation of a statute or the collection of fines and penalties; nor to any other special proceedings where a statutory procedure inconsistent with these Rules is provided.
(c) Application of Terms. “Law” includes statutes and judicial decisions. “Civil action” refers to a civil action in a court of record. “Oath” includes affirmations. “Prosecuting attorney” means the attorney general, a district attorney or his assistant or deputy or special prosecutor. The words “demurrer”, “motion to quash”, “plea in abatement”, “plea in bar”, and “special plea in bar”, or words to the same effect in any statute, shall be construed to mean the motion raising a defense or objection provided in Rule 12.
(d) Numbering-Meaning of “No Colorado Rule”. Insofar as practicable, the order and numbering of these Rules follows that of the Federal Rules of Criminal Procedure. In some instances, usually because of differences in judicial systems or of jurisdiction, there is no Colorado rule corresponding in number with an existing federal rule. In these instances to maintain the general numbering scheme, the phrase “No Colorado Rule” appears opposite the number for which there is a federal rule but not a Colorado rule. The phrase “No Colorado Rule” means only that there is no rule included in these Rules covering the subject of the federal rule bearing that number. The phrase does not imply either that there is or that there is not constitutional, statutory or case law in Colorado covering the subject of the corresponding federal rule.

Colo. R. Crim. P. 54

Annotation Rules of criminal procedure not applicable to extradition proceedings. Allowing full discovery in extradition proceedings would defeat the limited purpose of the habeas corpus hearing. Temen v. Barry, 695 P.2d 745 (Colo. 1984). Rules of criminal procedure govern all proceedings in criminal actions in courts of record. People ex rel Shinn v. District Court, 172 Colo. 23, 469 P.2d 732 (1970). But not trial de novo for violation of ordinance. The municipal court rules and not the rules of criminal procedure apply in a trial de novo in the county court for violation of a municipal ordinance. Rainwater v. County Court, 43 Colo. App. 477, 604 P.2d 1195 (1979). Rules of criminal procedure not applicable to extradition proceedings. Allowing full discovery in extradition proceedings would defeat the limited purpose of the habeas corpus hearing. Temen v. Barry, 695 P.2d 745 (Colo. 1984). Applied in People v. Brisbin, 175 Colo. 423, 488 P.2d 63 (1971); People v. Reliford, 39 Colo. App. 474, 568 P.2d 496 (1977).