Colorado Emergency Motion to Remand Cause
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FAQ
Rule 35(b) of the Colorado Rules of Criminal Procedure allows a criminal defendant who has been convicted and sentenced to ask the sentencing judge to reconsider the sentence that the judge imposed on the defendant.
A motion under the rule is essentially a plea for leniency and presupposes a valid conviction. Rule 35 motion presupposes a valid conviction only for purposes of a hearing on that motion and does not preclude an appeal by a defendant from the conviction.
In Colorado, a motion for reconsideration is a request for sentence reduction made by a defendant who has already been convicted and sentenced for a criminal offense. Also called 35(b) proceedings, the process provides defendants with a second chance to argue for lesser penalties. may consider new evidence.
Rule 35(c) Proceedings. Section 18-1-410, C.R.S. and Rule 35(c) of the Colorado Rules of Criminal Procedure allow defendants to raise certain claims in the trial court even after they have been convicted and exhausted all of their direct appeal rights.
The responding party shall have 21 days after the date of service of a motion, or such lesser or greater time as the court may allow, in which to file a response. The moving party may file a reply no later than 14 days after the date of service of the response, or such lesser or greater time as the court may allow.
Rule 341 - Dismissal of Actions (a) (1) Subject to the provisions of these rules, an action may be dismissed by the plaintiff upon payment of costs without order of court (i) by filing notice of dismissal at any time before filing or service by the adverse party of an answer, whichever first occurs, or (ii) by filing a ...
This rule requires that either the party's physical or mental condition be "in controversy" and that the movant show "good cause" before the court may order that a party submit to a physical or mental examination.
Rule 35 - Determination of Appeal (a) Disposition of Appeal. The appellate court may, in whole or in part, dismiss an appeal; affirm, vacate, modify, reverse, or set aside a lower court judgment; and remand any portion of the case to the lower court for further proceedings.
