C.  Standard of Judicial Review


C.R.M. 7(a)(9)
The reviewing judge considers the request and the record. The judge may not alter the magistrate’s findings of fact unless they are clearly erroneous. 

C.R.M. 7(a)(8)
However, the judge may hold further proceedings, take more evidence or order a de novo trial. 

C.R.M. 7(a)(10)
After the review, the judge adopts, rejects or modifies the magistrate’s order, which becomes the order of the court.

C.R.S. § 19-1-108(5.5)
After taking action, the judge may remand the case to another magistrate.

C.R.S. § 19-1-108(5.5)
C.R.M. 7(a)(11)

A request for review is a prerequisite to an appeal. A party who fails to file such a request after a magistrate’s order may not appeal it to the Colorado Court of Appeals or Colorado Supreme Court.