Full question:
5 yrs ago got a divorce the Judge gave a maintenance order that was never signed by either of us I did pay per the under what I thought was a permanent order, but lost my job and filed to lower or terminate this order that was set for life. She placed a motion for contempt of court the motion was dropped per the Judge because there was never a permanent court order that or file number. Now she wants to use the transcript as a verbal agreement an now I just received a letter that she filed for an motion for the court to adopt the transcriber's transcript as the written permanent orders that the courts granted. I want to know if I can get this from becoming a permanent order I have 2 days left before the 15 days for a C.R.M. rule 7(a)I need your advise and a Lawyers presents if necessary.
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Colorado
Answer:
A party may obtain review of a magistrate's final order or judgment by filing a petition to review such final order or judgment with the reviewing judge no later than fifteen days subsequent to the final order or judgment if the parties are present when the magistrate's order is entered, or fifteen days from the date the final order or judgment is mailed or otherwise transmitted to the parties. If the final order or judgment is mailed or otherwise transmitted, three days shall be added pursuant to the provisions of C.R.C.P. 6(e).
Appeal of an order or judgment of a district court magistrate may not be taken to the appellate court unless a timely petition for review has been filed and decided by a reviewing court in accordance with these Rules.
If timely review in the district court is not requested, the order or judgment of the magistrate will become the order or judgment of the district court. Appeal of such district court order or judgment to the appellate court is barred.
A request for extension of time to file a petition for review must be made to the reviewing judge within the fifteen day time limit within which to file a petition for review. We suggest you consult a local attorney who can review all the facts and documents involved. Unfortunately, we are prohibited from giving legal advice, as this service provides information of a general legal nature. Therefore, we are unable to provide legal representation.
Please see the following Colorado Rule for Magistrates:
Rule 7. Review of District Court Magistrate Orders or Judgments
(a) Orders or judgments entered when consent not necessary. Magistrates shall include in any order or judgment entered in a proceeding in which consent is not necessary a written notice that the order or judgment was issued in a proceeding where no consent was necessary, and that any appeal must be taken within 15 days pursuant to Rule 7(a).
(1) Unless otherwise provided by statute, this Rule is the exclusive method to obtain review of a district court magistrate's order or judgment issued in a proceeding in which consent of the parties is not necessary.
(2) The chief judge shall designate one or more district judges to review orders or judgments of district court magistrates entered when consent is not necessary.
(3) Only a final order or judgment of a magistrate is reviewable under this Rule. A final order or judgment is that which fully resolves an issue or claim.
(4) A final order or judgment is not reviewable until it is written, dated, and signed by the magistrate. A Minute Order which is signed by a magistrate will constitute a final written order or judgment.
(5) A party may obtain review of a magistrate's final order or judgment by filing a petition to review such final order or judgment with the reviewing judge no later than fifteen days subsequent to the final order or judgment if the parties are present when the magistrate's order is entered, or fifteen days from the date the final order or judgment is mailed or otherwise transmitted to the parties. If the final order or judgment is mailed or otherwise transmitted, three days shall be added pursuant to the provisions of C.R.C.P. 6(e).
(6) A request for extension of time to file a petition for review must be made to the reviewing judge within the fifteen day time limit within which to file a petition for review. A motion to correct clerical errors filed with the magistrate pursuant to C.R.C.P. 60(a) does not constitute a petition for review and will not operate to extend the time for filing a petition for review.
(7) A petition for review shall state with particularity the alleged errors in the magistrate's order or judgment and may be accompanied by a memorandum brief discussing the authorities relied upon to support the petition. Copies of the petition and any supporting brief shall be served on all parties by the party seeking review. Within ten days after being served with a petition for review, a party may file a memorandum brief in opposition.
(8) The reviewing judge shall consider the petition for review on the basis of the petition and briefs filed, together with such review of the record as is necessary. The reviewing judge also may conduct further proceedings, take additional evidence, or order a trial de novo in the district court.
(9) Findings of fact made by the magistrate may not be altered unless clearly erroneous. The failure of the petitioner to file a transcript of the proceedings before the magistrate is not grounds to deny a petition for review but, under those circumstances, the reviewing judge shall presume that the record would support the magistrate's order.
(10) The reviewing judge shall adopt, reject, or modify the initial order or judgment of the magistrate by written order, which order shall be the order or judgment of the district court.
(11) Appeal of an order or judgment of a district court magistrate may not be taken to the appellate court unless a timely petition for review has been filed and decided by a reviewing court in accordance with these Rules.
(12) If timely review in the district court is not requested, the order or judgment of the magistrate shall become the order or judgment of the district court. Appeal of such district court order or judgment to the appellate court is barred.
(b) Orders or judgments entered when consent is necessary. Any order or judgment entered with consent of the parties in a proceeding in which such consent is necessary is not subject to review under Rule 7(a), but shall be appealed pursuant to the Colorado Rules of Appellate Procedure in the same manner as an order or judgment of a district court. Magistrates shall include in any order or judgment entered in a proceeding in which consent is necessary a written notice that the order or judgment was issued with consent, and that any appeal must be taken pursuant to Rule 7(b).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
