The legal system in Colorado is structured to handle a wide range of civil, criminal, and domestic matters through a network of county and district courts. For individuals involved in legal proceedings, whether it's a divorce, a civil claim, or a custody disputem, understanding how the process works is essential. Each step, from filing paperwork to appearing before a judge, follows established rules set by state law and the Colorado Judicial Branch.
Structure of the Colorado Court System
Colorado’s judicial system is divided into several levels, each handling specific types of cases:
- County Courts: Handle misdemeanors, traffic violations, small claims (under $7,500), civil cases under $25,000, and preliminary hearings in felony cases.
- District Courts: Deal with felony criminal cases, larger civil claims, domestic relations (divorce, custody), probate, juvenile matters, and appeals from county courts.
- Court of Appeals: Reviews decisions from the district courts when parties believe legal errors occurred during trial.
- Colorado Supreme Court: The state’s highest court, which selectively reviews cases from the Court of Appeals and district courts, particularly those involving constitutional issues or significant public interest.
Key Phases in the Colorado Legal Process
The legal process varies slightly depending on whether the case is civil, criminal, or domestic, but most proceedings follow a general path from initiation through resolution.
1. Case Initiation
In civil cases, the process begins with the filing of a complaint (or petition) by the plaintiff. The opposing party (defendant) is served with a summons and must file a formal answer. In family law matters, the petitioner may file for divorce, child custody, or support using standardized forms from the Colorado Judicial Branch.
In criminal cases, charges may be filed after an arrest or via a grand jury indictment. The accused receives notice of charges and appears before a judge for an advisement hearing.
2. Pretrial Proceedings
This stage may include discovery (exchange of evidence), motions to resolve legal questions, temporary orders (in family court), and plea negotiations in criminal cases. Many cases are resolved during this phase without proceeding to trial. In civil and domestic cases, mandatory mediation or parenting classes may also be required.
3. Trial
If the matter is not settled or dismissed, it proceeds to trial. Civil and criminal trials may be conducted before a judge (bench trial) or a jury. Family law trials are almost always decided by a judge.
- In criminal trials, the burden of proof is beyond a reasonable doubt.
- In civil and family trials, the standard is the preponderance of the evidence.
Witness testimony, document submission, expert analysis, and legal arguments are presented before a verdict or ruling is issued.
4. Judgment and Orders
At the conclusion of the trial or settlement agreement, the court issues final orders or a judgment. In civil and family matters, this may include rulings on damages, parenting time, property division, and financial support. In criminal cases, sentencing follows a guilty verdict.
5. Appeals and Post-Judgment Motions
Parties dissatisfied with the outcome can file motions for reconsideration or appeal the decision to a higher court. Appeals are not new trials but reviews of whether the law was applied correctly. Enforcement actions (e.g., wage garnishment, contempt for noncompliance) may also be necessary post-judgment.
Access to Forms and Legal Resources
The Colorado Judicial Branch offers a comprehensive library of legal forms for civil, family, and probate matters. These include:
- JDF 1000 Series: Family Law Forms
- Civil Complaint and Summons Forms
Pro se litigants (those representing themselves) are subject to the same rules as attorneys. Self-help centers and law libraries are available in most district courts to assist with navigation.
Special Considerations in Family Law Cases
The family law legal process includes unique requirements:
- A 91-day residency requirement before a court may enter a decree of dissolution.
- Mandatory disclosures of financial information from both parties.
- Court-ordered parenting classes for divorcing parents with minor children.
- The potential for appointment of a Child and Family Investigator (CFI) or Parental Responsibilities Evaluator (PRE) in high-conflict custody cases.
Legal Counsel and Representation
While individuals may represent themselves, the complexities of legal procedure and evidentiary rules make it advisable to consult with or retain a qualified Colorado attorney, particularly in high-stakes matters involving custody, large financial claims, or criminal charges. The Colorado Bar Association and State Court Self-Help Centers can assist with referrals and resources.