CO Courts



LexisNexis Tips and Tricks (Court Side)

Contacts:

08SelfHelp@judicial.state.co.us

(970) 498-6100 (main number)

Website:

courts.state.co.us: Please review new Chief Justice Directives 11-01 for new directives regarding e-filing. (On the Home page, on the right-hand side you will see the title “Legal Research”. Click on the third link “Chief Justice Directives”.) If any directive conflicts with the information provided in this document, you must follow the directive and please bring the conflict to our attention.

This document recognizes that Lexis is the current system in use by the State of Colorado. It is an attempt to have smooth interactions between the Parties and the Court. It is neither a condemnation nor an endorsement of LexisNexis File and Serve.

LexisNexis Tips and Tricks (Court Side)

1. E-filing Best Practices/Suggestions to Avoid the “R” Word

• Opening cases

• Parties:

• Add party info, alias, and address (including zip code). For regular filings, alias names have to be added when entering party names.

• Please do not add the same Plaintiff/Petitioner more than once. The attorney who signed the complaint should be the attorney added to a party at time of filing of case. Another attorney may file an entry or later pleading with signature to be added to the case.

• In County Court cases, add addresses of Defendants.

• Probate Specific: Add heirs info in Section 8 with names and addresses. If a party is deceased, add date of death.

• Probate filed or will lodged? Send a written request with payment attached and self-addressed stamped envelope. If the File Room finds any information, you will receive a Registry of Action.

• After case is opened

• Parties:

• If a party needs to be added (i.e., garnishee, intervenor, etc.), attorney’s office shall Fax the first page of the document to 970-498-6110 to the attention of Civil Unit Supervisor.  If the document is not filed within 2 hours after the party is added, the party will be removed.

• Probate Specific: Attorneys who need to enter a case must call the Probate Registrar in advance of filing an entry of appearance. Lexis will not allow an attorney to file into a probate case unless that attorney is an attorney of record in the case.

• When filing an amended Complaint that is adding parties, give the clerks a heads up in the clerk’s notes so we know to add them.

• Pleadings (think what was accepted in paper format):

• Parties names listed in caption must match party names entered in Lexis (i.e., documents states John F. Smith but name entered as John Smith will be rejected)

• s/ and typed name not included on attorney signature line or certificate of mailing line – need to include s/ indicating an electronic signature and typed name of who signed the document. Note: Just a typed name on a signature line will be rejected.

• Proposed orders not in an editable format (“editable format” is one in which it is subject to modification by the court using standard means such as Word or WordPerfect format)

• Proposed Orders must be filed separately from Motion (in same transaction)

• Notary seals:

• Notary seal needs to be readable or visible. (If using a raised seal, pencil over it to make it visible. If still not readable, put a note in Clerk’s Note field to let us know. If using electronic notary, include s/ (notary name), commission expiration date and “State of Colorado (or state of commission).

• Notary seals must be visible or readable on certified or exemplified copies. If a county does not have court seals, documentation needs to be filed stating this.

***Some pleadings/documents still need to be filed in paper format (i.e., in camera review, large photo exhibits). File them with Clerk’s Office with cover sheet. Combined Courts will make sure it gets to the Division Clerk.

***ALWAYS contact civil unit in clerk’s office to reject a document that has not been accepted before you re-file the document.  We do not want duplicate filings.

• Discovery:

• Do not file discovery documents (i.e., blank interrogatories, request for production of documents, responses to requests for production of documents and Notices of Disposition) unless those documents are exhibits for a motion.

• Disclosure Certificates will be accepted. Please do not file actual disclosures; they may be rejected.

• Exhibits:

• Exhibits should be filed separately from pleadings. You can e-file the exhibits and pleadings in the same transaction (exhibits should be filed as “FOTH”).

• Exhibits should be clearly marked as an Exhibit with the exhibit designation of A, B, C or 1, 2, 3 etc. and noted in the document title area on Lexis.

*** Need to watch size of your documents. (1 document should not be more than 1.5 megabytes; 1 transaction should not be more than 10 megabytes.) The Court’s system will crash if the document is opened and it is too big!!!

• Exhibits filed at a later date than pleading: Please file exhibits with a “cover sheet” that includes caption (court address, party names, case number, etc.) and titled “exhibits 1 thru 13 to Motion for….

***Tips:

• Sealing your exhibits saves time on clerk’s end.

• Hearings:

• County FED’s at 8:15 a.m., Monday – Friday (Conference Room 305)

• Summons Return date for any money case is at 9:00 a.m., Monday - Friday.

• Rule 69’s: M-F at 8:30 a.m. in Courtroom V. All parties to meet in the Clerk’s office and they will be given information as to where to go to conduct discovery.

• Withdrawal of Attorney:

• Provide a Notice of Withdrawal, Motion to Withdraw or Substitution of Counsel (withdrawing attorney and entering attorney needs to sign). If you do not withdraw, you will be forever connected to your client in Lexis. When your client files a document, pro se it attaches to your name.

• Untimely filings. (For county court cases, we will accept the complaint and assign a case number. We will add notes stating return date was vacated and case was not filed timely. Alias summons to be issued and served.)

2. $$$$$$$$$$

• Lexis costs/Filing fees and costs: Review Lexis’ pricing sheet on their website. Click on the link to Resource Center and then click on “Pricing” at the top (in purple). Need to watch size of your documents. (1 document should not be more than 1.5 megabytes; 1 transaction should not be more than 10 megabytes.) The Court’s system will crash if the document is opened and it is too big!!! -

• Filing fees and costs can be found at the court’s website: courts.state.co.us and type in “filing fees and costs” in the search field. Choose (PDF) Filing Fees and Costs.

• Make sure you choose correct document (i.e., do not choose Answer for an Amended Answer). A filing fee will attach depending on the document type. (see list of fees at courts.state.co.us)

• If you are filing a pleading for the first time in a case, you will be charged an initial filing fee. (i.e., entry of appearance or motion for extension of time to file an answer in a civil case). If your initial filing was not an Answer -- when you file your answer, make sure you put in the note field, filing fee of $_____ already charged.

• Probate Specific: If you choose “petition” as a document type after a case has been opened. A filing fee will attach. We try to catch those but just in case it would be helpful if you put in the note field: “Note to Clerk: please zero out fees.”

• If you are overcharged or charged incorrectly and you notify the Clerk’s Office the same day the charge occurs, the Clerk’s Office will request the refund through Lexis. After that day, you must contact Lexis for any refund.

• Note: Lexis will charge you for submitting a document twice to fix a mistake. They consider your cost of using Lexis comparable to the cost of using a courier. Lexis is an electronic courier.

3. E-filing Best Practices – Division Clerk - Judge:

• Pleadings:

• Please follow the Rules of Civil Procedure. See C.R.C.P. Rule 10 and Rule 121 §1-26. Avoid the use of merge functions, limiting size of text etc. The Court does not use Word Perfect so documents are converted in Word. They are usually skewed but easily fixed if the caption is not in a complicated table format.

• If you are filing an “emergency” or time sensitive motion please put that information in your caption title. For instance, FEDs are emergent matters and FED should be noted in the title of your document.

• C.R.C.P. Rule 121 §1-15(8),(9). Please include this information. It is mandatory under the rule.

• Certificate of Service: Please make sure it is attached to your pleading.

• Orders:

• File proposed orders with motions and make sure they are in an editable format. See C.R.C.P. Rule 121 §1-26(15)(c). Anything that requires a judge’s signature must be filed in an editable format (i.e., Trial Management Order, Stipulations for judges to adopt as order of the court)

• Do not put attorney information in the caption. Either put in the Judge’s name or leave it blank. The order is not being issued by the attorney, but by the Court.

• If in your order you want the exhibit attached, please attach a PDF format of that exhibit.

• Exhibits: Photos (If you can choose a Photo/Text option on your scanner/copier photos such as driver’s license will not come out as blobs).

• Jury Instructions: Please file in editable format and choose “Proposed Jury Instructions”.

• Judgments: Please make sure your figures add up to the total. Include a total. If your intent is to include a d/b/a party as a creditor or debtor, you must include that in your motion.

• Protected Documents: Documents that include social security numbers, account numbers, etc. Documents sealed by parties v. documents filed on court’s end: Documents sealed by attorneys can be seen by the Parties and the Court. Documents sealed by the Court cannot be seen by anyone but the Courts.

• Use: (Notice to Set, Courtroom 5B Procedures).

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