| D. Magistrate Jurisdiction |
| C.R.S. § 19-1-108(3)(a.5) |
During initial
advisements, a magistrate must inform the parties that they have a
right to a hearing before a judge. Contested final
orders allocating parental responsibilities may be heard by the
magistrate only with the consent of all parties. However,
parties do not have a right to a hearing before a judge in the
following cases:
|
| C.R.S. § 19-1-108(3) |
In D&N cases,
the right to a judge is deemed waived if a party appearing with counsel
does not request it when the trial date is set. If
counsel is not present, then the party must request a judge in writing
within five days of receiving the trial date notice or the right is
deemed waived.
|
| C.R.S. § 19-1-108(3) |
The magistrate’s
written order is final if no request is filed. It
remains in force during a judge’s review unless it is stayed or
modified.
|
| In re Petition of R.G.B., 98 P.3d 958 ( |
Magistrates must
advise the parties of their rights to have the matter heard by a judge
in the first instance and obtain consent of the parties to the
magistrate’s jurisdiction.
But counsel may waive the advisement. |