C.r.c.p. 242.42

As amended through Rule Change 2024(18), effective October 2, 2024
Rule 242.42 - General Provisions
(a) Notice. Except as otherwise provided in this rule, notice must be in writing. Notice must be sent to the last-known mailing address of the recipient, unless the recipient consents to receiving notice by email. Notice is deemed effective the date notice is placed in the mail; placed in the custody of a delivery service; or emailed, if the recipient has consented to notice by email.
(b) Service of Process. When a pleading commencing a proceeding requiring service is filed under this rule, a lawyer may be served with process by personal service; by mail or email using the information provided by the lawyer under C.R.C.P. 227; by mail to any other address the lawyer has provided to the Regulation Counsel; or, if the lawyer is not admitted in Colorado, by mail or email to the lawyer's address of registration in any jurisdiction where the lawyer's registration is active. Service is deemed effective on the date that the lawyer is personally served, that the pleading is placed in the mail, or that the email is sent.
(c) Application of Civil Rules of Procedure. Except as otherwise provided in this rule, proceedings before the Presiding Disciplinary Judge or a Hearing Board are governed by the Colorado Rules of Civil Procedure.
(d) Proof of Conviction. Except as otherwise provided in this rule, a court-certified copy of the judgment of conviction or order showing that a lawyer has been convicted in that court of a crime, as defined in C.R.C.P. 241, conclusively establishes the conviction and proves the lawyer's commission of that crime for purposes of this rule.
(e) Related Litigation.
(1) Substantially Similar Criminal Cases. A disciplinary proceeding that involves material allegations substantially similar to the material allegations of a criminal prosecution pending against the respondent may, in the discretion of the Regulation Committee or the Presiding Disciplinary Judge, as applicable, be placed in abeyance until the criminal prosecution concludes.
(2) Substantially Similar Civil Cases. A disciplinary proceeding that involves material allegations substantially similar to the material allegations made against the respondent in pending civil litigation may, in the discretion of the Regulation Committee or the Presiding Disciplinary Judge, as applicable, be placed in abeyance until the civil litigation concludes. If the disciplinary proceeding is placed in abeyance and the respondent fails to make all reasonable efforts to obtain a prompt trial and final disposition of the pending litigation, the Regulation Counsel may request that the Regulation Committee or the Presiding Disciplinary Judge, as applicable, promptly resume the disciplinary proceeding.
(3) Effect of Favorable Criminal or Civil Disposition. A criminal or civil disposition favorable to the respondent does not bar disciplinary action against the respondent based on the same or substantially similar material allegations. Nothing in this section 242.42 precludes a respondent from seeking relief from a final decision under this rule based on a favorable disposition in a criminal or civil proceeding.

C.r.c.p. 242.42

Adopted by the Court, En Banc, May 20, 2021, effective 7/1/2021.