Colorado

Criminal Procedure

Rule 1 – Scope
Rule 2 – Purpose and Construction
Rule 3 – The Felony Complaint
Rule 4 – Warrant or Summons Upon Felony Complaint
Rule 4.1 – County Court Procedure-Misdemeanor and Petty Offense-Warrant or Summons Upon Complaint
Rule 4.2 – Arrest Warrant Without Information, Felony Complaint, or Complaint
Rule 5 – Preliminary Proceedings
Rule 6 – Grand Jury Rules
Rule 6.1 – Subpoenas-Issuance and Time Limits
Rule 6.2 – Secrecy of Proceedings-Witness Privacy-Representation by Counsel
Rule 6.3 – Oath of Witnesses
Rule 6.4 – Reporting of Proceedings
Rule 6.5 – Investigator
Rule 6.6 – Indictment-Presentation-Sealing
Rule 6.7 – Reports
Rule 6.8 – Indictment-Amendment
Rule 6.9 – Testimony
Rule 7 – The Indictment and the Information
Rule 8 – Joinder of Offenses and of Defendants
Rule 9 – Warrant or Summons Upon Indictment or Information
Rule 10 – Arraignment
Rule 11 – Pleas
Rule 12 – Pleadings, Motions Before Trial, Defenses, and Objections
Rule 12.1 – Notice of Alibi
Rule 13 – Trial Together of Indictments, Informations, Complaints, Summons and Complaints
Rule 14 – Relief from Prejudicial Joinder
Rule 15 – Depositions
Rule 16 – Discovery and Procedure Before Trial
Rule 17 – Subpoena
Rule 18 – Venue
Rule 19 – No Colorado Rule
Rule 20 – No Colorado Rule
Rule 21 – Change of Venue or Judge
Rule 22 – Time of Motion to Transfer
Rule 23 – Trial by Jury or to the Court
Rule 24 – Trial Jurors
Rule 25 – Disability of Judge
Rule 26 – Evidence
Rule 26.1 – Determination of Foreign Law
Rule 26.2 – Written Records
Rule 27 – Proof of Official Record
Rule 28 – No Colorado Rule

Rule 29 – Motion for Acquittal
Rule 30 – Instructions
Rule 31 – Verdict
Rule 32 – Sentence and Judgment
Rule 32.1 – Death Penalty Sentencing Hearing
Rule 32.2 – Death Penalty Post-Trial Procedures
Rule 33 – New Trial
Rule 34 – Arrest of Judgment
Rule 35 – Postconviction Remedies
Rule 36 – Clerical Mistakes
Rule 37 – Appeals from County Court
Rule 37.1 – Interlocutory Appeal from County Court
Rule 38 – Appeals from the District Court
Rule 39 – Stays
Rule 41 – Search, Seizure, and Confession
Rule 41.1 – Court Order for Nontestimonial Identification
Rule 41.2 – Interlocutory Appeal from the County Court
Rule 41.3 – Interlocutory Appeal from District Court
Rule 42 – No Colorado Rule
Rule 43 – Presence of the Defendant
Rule 44 – Appearance of Counsel
Rule 45 – Time
Rule 46 – Bail
Rule 46.1 – Bail-County Courts
Rule 47 – Motions
Rule 48 – Dismissal
Rule 49 – Service and Filing of Papers
Rule 49.5 – Electronic Filing and Service System
Rule 50 – Calendars
Rule 51 – Exceptions Unnecessary
Rule 52 – Harmless Error and Plain Error
Rule 53 – Regulation of Conduct in the Courtroom
Rule 54 – Application and Exception
Rule 55 – Records
Rule 55.1 – Public Access to Court Records in Criminal Cases
Rule 56 – Courts and Clerks
Rule 57 – Rules of Court
Rule 58 – Forms
Rule 59 – Effective Date
Rule 60 – Citation

Rule 46 – Bail

In considering the question of bail, the Court shall be governed by the statutes and the Constitution of the State of Colorado and the United States Constitution.

Colo. R. Crim. P. 46

Source: Entire rule repealed and readopted April 2, 1987, effective September 1, 1987.

Annotation Rule does not authorize setting aside a judgment on a forfeiture of a bond. People v. Caro, 753 P.2d 196 (Colo. 1988) (decided under rule before 1987 repeal and readoption).

For right to bail and exceptions thereto, see § 19 of article II of the state constitution; for prohibition on excessive bail, see § 20 of article II of the state constitution; for bailable offenses, see article 4 of title 16, C.R.S.

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