At some point in any Domestic Relations case you will hear the term “Notice to Set”. Majority of the time, people do not understand what a Notice to Set is. In Colorado, the Courts require ten days advance notice before any hearing gets set on their docket. A Notice to Set is the document that notifies all parties, ten days in advance, that one party is going to call in to the designated Division on a certain date and time to schedule a hearing. If you are the requesting party, you must send a copy of the Notice to Set to all other parties to notify them of your intent to set a hearing so they can participate in the setting if they choose.
Each Division has specific setting days and times. So the Notice to Set will designate a setting date and time that is allowed by the assigned division. For example, one division may do their settings on Tuesday or Wednesday and another on Monday or Thursday. On the day of the setting, the requesting party will call in to the assigned division, at the designated time, to speak with the Court Clerk and obtain possible hearing dates that are available on the Court’s docket. Each division varies on how they choose to include the other party in the setting. They will either conference call the other party and coordinate a hearing with both parties at the same time, or they will give the requesting party possible dates and the requesting party is responsible for coordinating with the other party. Once all parties have agreed on a hearing date, the Court Clerk will assign the task of preparing the Notice of Hearing. The Notice of Hearing will specify your actual hearing date.
Lastly, when you receive a Notice to Set in the mail, be sure to read it closely. It will state directly on the Notice that the setting date is not a hearing and your attendance is not required. If you are represented, your attorney will contact you with the actual hearing date once it is set.
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