Legal Opinion · Dissent

McConnell v. District Court In and For the County of Arapahoe

Supreme Court of Colorado

Decided April 30, 1984No. 83SA188Published

1DissentKirshbaum, Justice

I respectfully dissent. I find no indication, by express language or by implication, in Arapahoe County District Court Local Rule VII that a party who has timely demanded a jury trial is required to pay the requisite jury fee at the time such demand is made. According to the rule, the fee must simply be paid “in advance.” In the absence of any suggestion of delay or of prejudice to the opposing party, petitioner s payment of such fee in advance of the commencement of trial satisfies the spirit as well as the letter of this local rule. See, e.g., Ledman v. G.A.C. Finance Corp., 213 A.2d 246…

2Cases cited2 opinions

  1. Ledman v. GAC FINANCE CORPORATION OF BALTIMOREDistrict of Columbia Court of Appeals · 1965
  2. Holrod Assoc. v. TomanovitzCivil Court of the City of New York · 1982

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