The “Motion to Compel Under CRCP 16.2 (JDF 1105)” form is a legal document issued by the Judicial Branch for use in Colorado, specifically within its court system. This form plays a crucial role in the legal process, especially in cases related to domestic relations.
What is This Form For?
The “Motion to Compel Under CRCP 16.2” is designed for use when one party in a case does not comply with the disclosure requirements outlined under Colorado Rules of Civil Procedure (CRCP) 16.2. CRCP 16.2 pertains to pretrial procedures for domestic relations cases, including divorce, child custody, and other family law matters. This rule mandates exchanging certain financial and other relevant information between parties to ensure fairness and transparency in resolving disputes.
Why is it Needed?
The form is needed to formally request the court's intervention when a party fails to provide the required disclosures or documents for the pretrial discovery process. Non-compliance can hinder the fair and efficient resolution of cases, making this motion a critical tool for enforcing rules and ensuring that all relevant information is available for decision-making.
Who Should Use It?
The intended audience for the “Motion to Compel Under CRCP 16.2” form includes:
- Lawyers representing clients in domestic relations cases.
- Self-represented litigants (pro se litigants) are involved in such cases.
- It's mainly used by a party who faces non-compliance from the opposite side regarding the mandatory disclosure of information.
How Should The Form Be Filled Out?
Filling out the form typically requires:
- Identifying information for the petitioner and the respondent (names, case numbers, court information).
- A clear statement of the issue, specifying the disclosures or documents not provided.
- A declaration that the party seeking to compel has made a reasonable faith effort to obtain the required disclosures without court intervention.
- Any relevant dates and deadlines associated with the request.
- The specific relief sought from the court.
What Information Is Required For Filling Out The Form?
- Case information (court location, case number, parties involved).
- Detailed description of the non-compliance issue.
- Efforts were made to resolve the issue out of court.
- The specific order or relief sought.
When Should It Be Submitted?
Deadlines for filing a motion to compel can vary based on the case's specifics and local court rules. Generally, it should be filed as soon as it becomes clear that the other party will not comply with disclosure requirements within the mandated timeframes. There may also be specific deadlines related to pretrial procedures or court orders in the case.
Where And How Should The Form Be Submitted?
The form should be submitted to the court where the case is heard. Submission methods can include:
- Filing in person at the courthouse.
- Mailing the form to the court, if allowed.
- Electronic filing, if available in the jurisdiction of the case.
What Is The Cost To File The Form?
Filing fees for motions can vary by court. Some jurisdictions may charge a fee for filing a motion, while others may not. It's essential to check with the court where the case is being heard for the current filing fees. Additionally, if an attorney represents you, legal fees may be associated with preparing and filing the motion.