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Denver County Court

Setting Aside Judgment, Decree, or Order

RULE 7 – SETTING ASIDE JUDGMENT, DECREE, OR ORDER

7.1   Subject to the provisions of this rule, a Judge shall not have the power to vacate or modify a judgment, decree or order of another Judge who is still in office.

7.2   After a Judge has been reassigned to another division of the Court, an order of the first Judge entered prior to the reassignment may be vacated or modified by the second judge under the following circumstances: 1) the original order was interlocutory in nature, 2) the first Judge would have had the power to vacate or modify the original order, and 3) failure to vacate or modify the original order would, in the judgment of the second Judge, constitute an abuse of discretion.

7.3   Unless a Judge imposing a sentence is otherwise “unavailable” as determined by the Presiding Judge, all motions relating to the correction of an illegal sentence, the reduction or reconsideration of a sentence, the vacating of a conviction, or the release of a prisoner shall be heard by the original sentencing Judge.

7.4   A Judge may vacate a bench warrant issued by or modify the amount of bail or conditions of bond set by a second judge where the second judge is reassigned to another division of the court, the second Judge is otherwise “unavailable” as determined by the presiding Judge, or the case is reassigned to another Judge.

7.5   After a Judge has placed a defendant on probation or deferred judgment status and is thereafter reassigned to another division of the Court, a petition to revoke the probation or deferred judgment may be heard by another Judge.  This provision is subject to the right of the original sentencing Judge to retain continuing jurisdiction over a defendant by placing an appropriate order on the court file.