Rule 21. Procedure in Original Proceedings

(a) Original Jurisdiction Under the Constitution.

(1) This rule applies only to the original jurisdiction of the supreme court to issue writs as provided in Section 3 of Article VI of the Colorado Constitution and to the exercise of the supreme court's general superintending authority over all courts as provided in Section 2 of Article VI of the Colorado Constitution. Relief under this rule is extraordinary in nature and is a matter wholly within the discretion of the supreme court. Such relief will be granted only when no other adequate remedy, including relief available by appeal or under C.R.C.P. 106, is available.

(2) Petitions to the supreme court in the nature of mandamus, certiorari, habeas corpus, quo warranto, injunction, prohibition and other forms of writs cognizable under the common law are subject to this rule. The petitioner need not designate a specific form of writ when seeking relief under this rule.

(b) How Sought; Proposed Respondents. Petitioner must file a petition for a rule to show cause specifying the relief sought and must request the court to issue to one or more proposed respondents a rule to show cause why the relief requested should not be granted. The proposed respondent(s) should be the real party (or parties) in interest.

(c) Docketing of Petition and Fees; Form of Pleadings. Upon the filing of a petition for a rule to show cause, petitioner must pay to the clerk of the supreme court the docket fee of $225.00. All documents filed under this rule must comply with C.A.R. 32.

(d) Content of Petition and Service.

(1) If there exists an underlying proceeding, the petition must be titled with the full, exact, and unmodified caption given by the lower court in the underlying proceeding, ''In Re [Caption of Underlying Proceeding].'' If there is no underlying proceeding, the petition must be titled, ''In Re [Petitioner v. Proposed Respondent].''

(2) The petitioner has the burden of showing that the court should issue a rule to show cause. To enable the court to determine whether a rule to show cause should be issued, the petition must disclose in sufficient detail the following:

(A) the identity of the petitioner and of the proposed respondent(s), together with, if applicable, their party status in the underlying proceeding (e.g., plaintiff, defendant, etc.);

(B) the identity of the court or other underlying tribunal, the case name and case number or other identification of the underlying proceeding, if any, and identification of any other related proceeding;

(C) the identity of the persons or entities against whom relief is sought;

(D) the ruling, action, or failure to act complained of and the relief being sought;

(E) the reasons why no other adequate remedy is available;

(F) the issues presented;

(G) the facts necessary to understand the issues presented;

(H) argument and points of authority explaining why the court should issue a rule to show cause and grant the relief requested; and

(I) a list of supporting documents, or an explanation of why supporting documents are not available. Rule 13 Colorado Appellate Rules

(3) The petition must include the names, addresses, telephone numbers, e-mail addresses (if any), and fax numbers (if any) of all parties to the underlying proceeding; or, if a party is represented by counsel, the attorney's name, address, telephone number, email address (if any), and fax number (if any).

(4) The petition must be served upon each party and proposed respondent and, if applicable, upon the lower court or tribunal.

(5) The petition must comply with the requirements of C.A.R. 28(g) for opening briefs and with C.A.R. 32.

(e) Supporting Documents.

(1) Proceedings initiated under this rule are not subject to C.A.R. 10.

(2) A petition must be accompanied by a separate, indexed set of available supporting documents adequate to permit review.

(3) The filing party is responsible for reviewing all supporting documents, including any attachments, exhibits, and appendices, to determine if the document contains information that should be excluded from public access pursuant to C.J.D. 05-01 section 4.60. Any supporting document filed by a party that is not accessible to the public pursuant to C.J.D. 05-01 section 4.60 must be accompanied by a motion to suppress or seal as prescribed in subsection (e)(4). The filing party must certify compliance with this subsection as directed by C.A.R. 32(h).

(4) Any document submitted as sealed or suppressed pursuant to C.J.D. 05-01 sections 3.07 and 3.08 must be filed as a separate supporting document and must be accompanied by a motion for leave to file the document as sealed or suppressed. The motion must:

(A) identify with particularity the specific document containing sensitive information;

(B) explain why the sensitive information cannot reasonably be redacted in lieu of filing the entire document as sealed or suppressed;

(C) articulate the substantial interest that justifies depriving the public of access to the document; and

(D) cite any applicable rule, statute, case law, or prior court order sealing or suppressing the document.

(5) In cases involving an underlying proceeding, the following documents must be included:

(A) the order or judgment from which relief is sought if applicable;

(B) documents and exhibits submitted in the underlying proceeding that are necessary for a complete understanding of the issues presented;

(C) a transcript of the proceeding leading to the underlying order or judgment if available.

(f) Stay; Jurisdiction.

(1) The filing of a petition under this rule does not stay any underlying proceeding or the running of any applicable time limit. If the petitioner seeks a temporary stay in connection with the petition pending the court's determination whether to issue a rule to show cause, a stay ordinarily must be sought in the first instance from the lower court or tribunal. If a request for stay below is impracticable, not promptly ruled upon, or is denied, the petitioner may file a separate motion for a temporary stay in the supreme court supported by accompanying materials justifying the requested stay.

(2) Issuance of a rule to show cause by the supreme court automatically stays all underlying proceedings until final determination of the original proceeding in the supreme court unless the court, acting on its own, or upon motion, lifts the stay in whole or in part.

(g) No Initial Responsive Pleading to Petition Allowed. Unless requested by the supreme court, no responsive pleading to the petition may be filed prior to the court's determination of whether to issue a rule to show cause.

(h) Denial; Rule to Show Cause.

(1) The court in its discretion may issue a rule to show cause or deny the petition without explanation and without an answer by any respondent.

(2) The clerk will serve the rule to show cause on all persons ordered or invited by the court to respond and, if applicable, on the judge or other officer in the underlying proceeding. 473 Procedure in Original Proceedings Rule 21

(i) Response to Rule to Show Cause.

(1) [Text not captured from source.]

(2) The response to a rule to show cause must comply with the requirements of C.A.R. 28(g) for answer briefs and with C.A.R. 32.

(3) Two or more respondents may respond jointly.

(j) Reply to Response to Rule to Show Cause. The petitioner may submit a single reply brief within the time fixed by the court. A reply must comply with the requirements of C.A.R. 28(g) for reply briefs and with C.A.R. 32.

(k) Amicus Briefs. Any amicus curiae may file a brief only by leave of the court after a case number has been assigned. Before the court issues a rule to show cause, an amicus curiae may tender a brief supporting a petitioner, but the court may act on a petition at any time after the petition is filed, including before the submission of an amicus brief. If the court issues a rule to show cause, an amicus brief supporting a petitioner must be filed within seven days after the issuance of the show cause order, or such lesser time as the court may permit for the submission of amicus briefs. An amicus brief supporting a respondent must be tendered by the deadline for the respondent's response, or such lesser time as the court may permit for the submission of amicus briefs. An amicus curiae that does not support either party must file its brief no later than seven days after the issuance of a rule to show cause, or such lesser time as the court may permit for the submission of amicus briefs. The filing of an amicus brief within the deadlines established by this rule but after the court has acted on a petition is not a ground for reconsideration of the issuance of a rule to show cause or denial of a petition. A brief submitted by an amicus curiae must comply with C.A.R. 29(a), (b), (c), (d), (f), and (g).

(l) No Oral Argument. There will be no oral argument unless ordered by the court.

(m) Opinion Discretionary. The court, upon review, in its discretion may discharge the rule or make it absolute, in whole or in part, with or without opinion.

(n) Petition for Rehearing. In all proceedings under this rule, where the supreme court has issued an opinion discharging a rule or making a rule absolute, a petition for rehearing may be filed in accordance with the provisions of C.A.R. 40(c)(2).

Committee Notes

Source: Entire rule repealed and readopted November 19, 1998, effective January 1,