Colo. R. Crim. P. 10

As amended through Rule Change 2024(18), effective October 2, 2024

Rule 10 - Arraignment

Following preliminary proceedings pursuant to the provisions of Rules 5, 7, and 12, the arraignment shall be conducted in open court, informing the defendant of the offense with which he is charged, and requiring him to enter a plea to the charge. The defendant shall be arraigned in the court having trial jurisdiction in which the indictment, information, or complaint is filed, unless before arraignment the cause has been removed to another court, in which case he shall be arraigned in that court.

(a) If the offense charged is a felony or a class 1 misdemeanor, or if the maximum penalty for the offense charged is more than one year's imprisonment, the defendant must be personally present for arraignment, except that the court for good cause shown may accept a plea of not guilty made by an attorney representing the defendant without requiring the defendant to be personally present.

(b) In all other cases the court may permit arraignment without the presence of the defendant. If a plea of guilty or nolo contendere is entered by counsel in the absence of the defendant, the court may command the appearance of the defendant in person for the imposition of sentence.

(c) Upon arraignment, the defendant or his counsel shall be furnished with a copy of the indictment or information, complaint, or summons and complaint if one has not been previously served.

(d) A record shall be made of the proceedings at every arraignment.

(e) If the defendant appears without counsel at an arraignment, the information, indictment, or complaint shall be read to him by the court or the clerk thereof. If the defendant appears with counsel, the information or indictment need not be read and no waiver of said reading is necessary.

(f) As soon as the jury panel is drawn which will try the case, a list of the names and addresses of the jurors on the panel shall be made available by the clerk of the court to defendant's counsel, and if the defendant has no counsel, the list shall be served on him personally or by certified mail. It shall not be necessary to serve a list of jurors upon the defendant at the time of arraignment.

Colo. R. Crim. P. 10

Annotation No arraignment required in certain criminal contempts. In criminal contempt cases, no arraignment is required, at least with respect to those criminal contempts which are analogous to petty offenses. Robran v. People ex rel. Smith, 173 Colo. 378, 479 P.2d 976 (1971). Correction of immaterial error in indictment does not require rearraignment. The mere correction of a clerical or other immaterial error in an indictment does not require a second arraignment and plea. Albritton v. People, 157 Colo. 518, 403 P.2d 772 (1965). The denial of a motion to dismiss for failure to rearraign on an amended information is not error where the amendment is not one of substance, and where, when counsel calls the court's attention to it during the course of the trial, the trial court follows the provision of Rule 11(d), C. R. Crim. P., and enters a plea of not guilty and, thereupon, the trial proceeds. People v. Buckner, 180 Colo. 65, 504 P.2d 669 (1972). It is essential that the record show affirmatively an arraignment. Wright v. People, 22 Colo. 143, 43 P. 1021 (1896).