Rule-making power

• Currency: Current through 11/8/2022 Election
• Citation: Colo. Const. art. VI § 21

The supreme court shall make and promulgate rules governing the administration of all courts and shall make and promulgate rules governing practice and procedure in civil and criminal cases, except that the general assembly shall have the power to provide simplified procedures in county courts for the trial of misdemeanors.

Cite as Colo. Const. art. VI § 21

Source:

L. 61: Entire article R&RE, effective January 12, 1965, see L. 63, p. 1054. L. 2002: Entire section amended, p. 3095, effective upon proclamation of the Governor, L. 2003, p. 3611, December 20, 2002.

ANNOTATION

Law reviews. For article, "Rule-Making in Colorado: An Unheralded Crisis in Procedural Reform", see 38 U. Colo. L. Rev. 137 (1966). For article, "Hearsay in Criminal Cases Under the Colorado Rules of Evidence: An Overview", see 50 U. Colo. L. Rev. 277 (1979). For article, "The Perjurious Defendant: A Proposed Solution to the Defense Lawyer's Conflicting Ethical Obligations to the Court and to His Client", see 59 Den. L.J. 75 (1981).

Supreme court's rule-making authority is described in this section. People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980).

Section 24-4-106(4) constitutional. Section 24-4-106(4), relating to judicial review of agency action, is not violative of this section. Warren Vill., Inc. v. Bd. of Assmt. Appeals, 619 P.2d 60 (Colo. 1980).

As is § 24-4-107. Section 24-4-107, which deals with the application of article 4 of title 24, does not impinge on the supreme court's rule-making power. Warren Vill., Inc. v. Bd. of Assmt. Appeals, 619 P.2d 60 (Colo. 1980).

This section confers upon supreme court power to make rules governing practice in civil cases. Colo. River Water Conservation Dist. v. Rocky Mt. Power Co., 174 Colo. 309, 486 P.2d 438 (1971).

This rule-making power includes power to make procedural rules of evidence and such power lies with the supreme court. Page v. Clark, 197 Colo. 306, 592 P.2d 792 (1979).

Constitution grants to supreme court the power to promulgate rules governing court procedure, but the question remains whether a particular rule or statute is procedural or substantive. People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980).

Exclusive power to adopt rules of procedure. The Colorado Constitution grants to the supreme court exclusive power to adopt rules of procedure for the courts. Gold Star Sausage Co. v. Kempf, 653 P.2d 397 (Colo. 1982).

Promulgation of substantive and procedural rules. The supreme court may promulgate procedural rules. The general assembly is free to fashion substantive rules which reflect policy judgments that may affect procedures in the judicial system. The line that separates a substantive rule from a procedural rule is amorphous; no legal test has been uniformly adopted. J.T. v. O'Rourke ex rel. Tenth Judicial Dist., 651 P.2d 407 (Colo. 1982).