NOTE: The governor signed this measure on 3/15/2013.
      
      
      HOUSE BILL 13-1086
      
      
      BY REPRESENTATIVE(S) Wilson, Gardner, Gerou, Holbert, Kagan,
      McLachlan, Mitsch Bush, Pabon, Salazar, Schafer, Stephens, Young;
      also SENATOR(S) Grantham, King.
      
      
      Concerning the preparation of the record in appeals from county
           court judgments.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 13-6-311, amend (2) 
      as follows:
      
           13-6-311.  Appeals from county court - simplified procedure.
      (2) (a)  Upon the deposit of the estimated record fee, the clerk of the court
      shall prepare and issue as soon as possible a record of the proceedings in the
      county court, including the summons, the complaint, proof of service, and
      the judgment. The record shall also include a transcription of such part of
      the actual evidence and other proceedings as the parties may designate or,
      in lieu of transcription, to which they may stipulate. If a stenographic record
      has been maintained or the parties agree to stipulate, the party appealing
      shall lodge with the clerk of the court the reporter's transcript of the
      designated evidence or proceedings or a stipulation covering such items
      within forty-two days after judgment the filing of the notice of appeal.
      If the proceedings have been electrically recorded electronically, the
      transcription of designated evidence and proceedings shall be prepared in
      the office of the clerk of the county court, either by him or her or under his
      or her supervision, within forty-two days after judgment the filing of the
      notice of appeal.
      
           (b)  The clerk shall notify, in writing, the opposing parties of the
      completion of the record, and the parties have twenty-one days within
      which to file objections. If none are received, the record shall be certified
      forthwith by the judge clerk. If objections are made, the parties shall be
      called for hearing and the objections settled by the county judge as soon as
      possible and the record then certified.
      
           SECTION 2.  In Colorado Revised Statutes, 16-2-114, amend (3)
      as follows:
      
           16-2-114.  Appeals. (3)  Upon the filing of a notice of appeal and
      upon the posting of any advance costs by the appellant, as are required for
      the preparation of a record, unless the appellant is granted leave to proceed
      as an indigent, the clerk of the county court shall prepare and issue as soon
      as possible a record of the proceedings in the county court, including the
      summons and complaint or warrant, the separate complaint if any has been
      issued, and the judgment. The record shall also include a transcription or a
      joint stipulation of such part of the actual evidence and other proceedings
      as the parties designate. If the proceedings have been electrically recorded
      electronically, the transcription of designated evidence and proceedings
      shall be prepared in the office of the clerk of the court, either by him or her
      or under his or her supervision, within forty-two days after judgment the
      filing of the notice of appeal or within such additional time as may be
      granted by the county court. The clerk shall notify in writing the opposing
      parties of the completion of the record, and such parties shall have fourteen
      days within which to file objections. If none are received, the record shall
      be certified forthwith by the judge clerk. If objections are made, the parties
      shall be called for hearing and the objections settled by the county judge and
      the record then certified.
      
           SECTION 3.  Effective date - applicability. This act takes effect
      July 1, 2013, and applies to an appeal from a judgment entered on or after
      said date.
      
           SECTION 4.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                         John P. Morse
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO