Understanding Colorado Rule 106 Proceedings: A Guide for Litigants
Posted July 13, 2024 in Litigation, Real Estate
Navigating the legal system can often feel like traversing a labyrinth, especially when dealing with specialized procedural rules. One such rule that frequently arises in Colorado’s judicial landscape is Rule 106 of the Colorado Rules of Civil Procedure. This rule governs judicial review of certain governmental actions and decisions, making it a crucial tool for those seeking to challenge decisions made by governmental entities.
What is Colorado Rule 106?
Rule 106 outlines the procedure for seeking judicial review of decisions made by governmental bodies, officers, or lower tribunals. Specifically, it addresses two primary types of proceedings:
- Certiorari Review (Rule 106(a)(4)): This allows a court to review quasi-judicial actions to determine if there has been an abuse of discretion or if the body exceeded its jurisdiction.
- Mandamus (Rule 106(a)(2)): This compels a governmental body or official to perform a duty they are legally obligated to perform.
When is Rule 106 Applicable?
Rule 106 is invoked when an individual or entity seeks to challenge decisions that are:
- Judicial or Quasi-judicial in nature (decisions that involve a hearing, taking of evidence, and decision-making based on factual determinations).
- Made by a governmental body or official, often the county board of commissioners, the city counsel, or planning/zoning departments.
Common scenarios where Rule 106 might be applicable include zoning decisions, issuance or denial of permits, and disciplinary actions taken by professional boards. Note that this rule does not allow courts to review legislative decisions.
Key Elements of Rule 106 Proceedings
- Timeliness: A Rule 106 action must be filed within 28 days of the final decision by the governmental body or official (C.R.C.P. 106(b)). Missing this deadline can result in losing the right to challenge the decision.
- Scope of Review: The review under Rule 106(a)(4) is limited. The court will not re-weigh evidence or make new factual determinations but will review the record to ensure the decision was made within the jurisdiction and followed the law. The court also looks at whether the government body abused its discretion.
- Record Preparation: The petitioner must ensure that the complete record of the proceedings before the governmental body is provided to the court. This includes transcripts, exhibits, and any other relevant documentation.
Practical Considerations for Litigants
- Consult Legal Counsel: Given the procedural complexities and strict deadlines associated with Rule 106, it is advisable to consult with an attorney experienced in real estate litigation or appellate work.
- Prepare Thoroughly: Ensure that you have a comprehensive record of the administrative proceedings and that your complaint clearly articulates the grounds for review.
- Understand Limitations: Be aware that Rule 106 proceedings do not allow for new evidence or re-litigation of factual issues.
Conclusion
Colorado Rule 106 provides a vital mechanism for ensuring governmental accountability and protecting the rights of individuals and businesses affected by local government administrative decisions. Understanding the nuances of this rule can make a significant difference in the outcome of a case. By adhering to the procedural requirements and effectively presenting your arguments, you can leverage Rule 106 to seek redress and uphold the principles of justice.
Whether you are challenging a zoning decision or a professional disciplinary action, navigating Rule 106 proceedings requires careful preparation and strategic legal thinking. With the right approach, you can ensure that your case is heard and that the governmental body or official is held to account for their decisions.
CONTACT AN ATTORNEY IN COLORADO TODAY
For further information and advice regarding Rule 106 actions, reach out to Volpe Law today to request a consultation. We can be contacted through our online form, or you call us directly at 720-770-3457. Our team of dedicated attorneys are here to listen and identify the best legal options for you.
DISCLAIMER
The information contained on this website is provided for informational purposes only. It is not legal advice and should not be construed as providing legal advice on any subject matter. Laws frequently change and therefore this content is not necessarily up to date, nor comprehensive. Contact us or another attorney with any legal questions specific to your matter. You may request a consultation by completing our consultation request form.