Colorado Rules of Civil Procedure (2022)

Does a process server have to be licensed in Colorado?

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Colorado Process Server Licensing Requirements

Process may be served inside or outside this state by the sheriff of the county where the service is made, or by a deputy, or by any other person over the age of eighteen years, not a party to the action.

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If a person to be served refuses to accept a copy of the process, service shall be sufficient if the person serving the process knows or has reason to identify the person who refuses to be served, identifies the documents being served and offers to deliver a copy of the documents to the person who refuses to be served.

Colorado Rules of Civil Procedure

Please note that lobbyists are active in the state of Colorado and laws concerning civil procedure and process serving can change. Therefore the information listed below may have been amended. For updated process serving legislation, please visit the Colorado State Legislature web site.

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Colorado Rules of Civil Procedure (1)

Rule 4. Process

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  • To What Applicable.
  • Issuance of Summons by Attorney or Clerk.
  • Contents of Summons.
  • By Whom Served.
  • Personal Service.
  • [Reserved]
  • Other Service.
  • Manner of Proof.
  • Waiver of Service of Summons.
  • Amendment.
  • Refusal of Copy.

Rule 5. Service and Filing of Pleadings and Other Papers

  • Service: When Required.
  • Service: How Made.
  • Service: Numerous Defendants.
  • Filing and Serving.
  • Filing with Court Defined.

Rule 45. Subpoena

  • For Attendance of Witnesses; Form; Issue.
  • For Production of Documentary Evidence.
  • Service.
  • Subpoena for Taking Depositions; Place of Examination.
  • Subpoena for Deposition, Hearing or Trial.
  • Subpoena in Aid of Execution or Proceedings Subsequent to Judgment.

Rule 4. Process.

To What Applicable.

This Rule applies to all process except as otherwise provided by these rules.

Issuance of Summons by Attorney or Clerk.

The summons may be signed and issued by the clerk, under the seal of the court, or it may be signed and issued by the attorney for the plaintiff. Separate additional or amended summons may issue against any defendant at any time. All other processes shall be issued by the clerk, except as otherwise provided in these rules.

Contents of Summons.

The summons shall contain the name of the court, the county in which the action is brought, the names or designation of the parties, shall be directed to the defendant, shall state the time within which the defendant is required to appear and defend against the claims of the complaint, and shall notify him that in case of his failure to do so, judgment by default may be rendered against him. If the summons is served by publication, the summons shall briefly state the sum of money or other relief demanded.

The summons shall in the signature element thereof, contain the name, address, and registration number of the plaintiff’s attorney, if any, and if not, the address of the plaintiff. Except in the case of service by publication under Rule 4(g) or when otherwise ordered by the court, the complaint shall be served with the summons, and in all other cases service of a summons alone after the effective date of this amended rule shall not constitute service of process. In any case, where by special order personal service of summons is allowed without the complaint, a copy of the order shall be served with the summons.

By Whom Served.

Process may be served inside or outside this state by the sheriff of the county where the service is made, or by a deputy, or by any other person over the age of eighteen years, not a party to the action;

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Personal Service.

Personal service shall be as follows:

  • Upon a natural person over the age of eighteen years by delivering a copy or copies thereof to the person, or by leaving a copy or copies thereof at the person’s usual place of abode, with any person over the age of eighteen years who is a member of the person’s family, or at the person’s usual place of business, with the person’s secretary, bookkeeper, manager, or chief clerk; or by delivering a copy to an agent authorized by appointment or by law to receive service of process;
  • Upon a natural person, between the ages of thirteen years and eighteen years, by delivering a copy thereof to the person and another copy thereof to the person’s father, mother, or guardian, or if there be none in the state, then by delivering a copy thereof to any person in whose care or control the person may be; or with whom the person resides, or in whose service the person is employed; and upon a natural person under the age of thirteen years by delivering a copy to the person’s father, mother, or guardian, or if there be none in the state, then by delivering a copy thereof to the person in whose care or control the person may be.
  • Upon a person for whom a conservator has been appointed, by delivering a copy thereof to such conservator;
  • Upon a partnership, or other unincorporated association, by delivering a copy thereof to one or more of the partners or associates, or a managing or general agent thereof;
  • Upon a private corporation, by delivering a copy thereof to any officer, manager, general agent, or registered agent. If no such officer or agent can be found in the county in which the action is brought, such copy may be delivered to any stockholder, agent, member, or principal employee found in such county. If such service is upon a person other than an executive officer, the secretary, general agent, or registered agent, then the clerk shall mail a copy thereof to the corporation at its last known address, at least twenty days before default is entered;
  • Upon a municipal corporation, by delivering a copy thereof to the mayor, city manager, clerk, or deputy clerk of such corporation;
  • Upon a county, by delivering a copy thereof to the county clerk, chief deputy, county commissioner, or designee authorized to accept service of process;
  • Upon a school district, by delivering a copy thereof to the superintendent or to any other employee authorized to accept service of process;
  • Upon the state by delivering a copy thereof to the attorney general, or to any employee in his office designated by him to accept service of process;
  • Upon an officer, agent, or employee of the state, acting in his official capacity, by delivering a copy thereof to the officer, agent, or employee, and by delivering a copy to the attorney general, or to any employee in his office designated by him to accept service of process.
  • Upon a department or agency of the state, subject to suit, by delivering a copy thereof to the principal officer, chief clerk, or other executive employees thereof, and by delivering a copy to the attorney general, or any employee in his office designated by him to accept service of process.
  • For all purposes the date of service upon the officer, agent, employee, department, or agency shall control, except that failure to serve copies upon the attorney general within three days of service upon the officer, agent, employee, department, or agency shall extend the time within which the officer, agent, employee, department, or agency must file a responsive pleading for sixty days beyond the time otherwise provided by these Rules.

Reserved

Other Service.

Service by mail or publication shall be allowed only in actions affecting specific property or status or other proceedings in rem. The party desiring service of process by publication or mail shall file a motion verified by the oath of such party or of someone in the party’s behalf for an order of service by mail or publication. It shall state the facts authorizing such service, and shall show the efforts, if any, that have been made to obtain personal service and shall give the address, or last known address, of each person to be served or shall state that the address and last known address are unknown. The court shall hear the motion ex parte and, if satisfied that due diligence has been used to obtain personal service or that efforts to obtain the same would have been to no avail, shall:

  • Order the clerk to send by registered or certified mail a copy of the process addressed to such person at such address, requesting a return receipt signed by the addressee only. Such service shall be complete on the date of the filing of the clerk’s proof thereof, together with such return receipt attached thereto signed by such addressee, or
  • Order publication of the process in a newspaper published in the county in which the action is pending. Such publication shall be made for four weeks. Within fifteen days after the order the clerk shall mail a copy of the process to each person whose address or last known address has been stated in the motion. Service shall be complete on the day of the last publication. If no newspaper is published in the county, the court shall designate one in some adjoining county.

Manner of Proof.

  • If served in a state or territory of the United States by a sheriff or United States marshal, or a deputy, by such person’s certificate with a statement as to date, place, and manner of service;
  • If by any other person, by the person’s affidavit thereof, with the same statement;
  • If by mail, by the certificate of the clerk showing the date of the mailing, and the date the clerk received the return receipt;
  • If by publication, by the affidavit of publication, together with the certificate of the clerk as to the mailing of copy of the process where required;
  • By the written admission or waiver of service by the person or persons to be served, duly acknowledged.

Waiver of Service of Summons.

A defendant who waives service of a summons does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant.

Amendment.

At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process is issued.

Refusal of Copy.

If a person to be served refuses to accept a copy of the process, service shall be sufficient if the person serving the process knows or has reason to identify the person who refuses to be served, identifies the documents being served and offers to deliver a copy of the documents to the person who refuses to be served and thereafter leaves the copy in a conspicuous place.

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Rule 5. Service and Filing of Pleadings and Other Papers

Service: When Required.

Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.

Service: How Made.

Whenever under these rules service is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless personal service upon the party is ordered by the court. A resident attorney, on whom pleadings and other papers may be served, shall be associated as attorney of record with any foreign attorney practicing in any courts of this state. Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or by mailing it to him at his address as given in the pleadings or by sending it via facsimile machine transmission to a facsimile number if one is designated in the pleadings, or if no pleading has been filed, or no address is given therein, then at his last known address or, if no address is known, by leaving it with the clerk of the court. Delivery of a copy within this Rule means: Handing it to the attorney or to the party; or leaving it at his office with the attorney’s clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at the person’s dwelling house or usual place of abode with some member of the family over the age of eighteen years then residing therein. Service by mail is complete upon mailing.

Service: Numerous Defendants.

In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.

Filing and Serving.

Interrogatories, answers thereto, requests for admission, responses thereto, requests for production, responses thereto, and depositions shall not be filed until they are used in court proceedings. In all cases where these rules do not expressly require the filing and service of a paper, subsequent to the original complaint, and the filing of a paper alone is provided for, a copy of such paper so filed shall be served upon the adverse party contemporaneously with the filing of such paper, and where the service alone of any paper is required it shall be filed either before service or within a reasonable time thereafter. All papers after the complaint which are required to be served upon a party shall contain a certificate of service.

Filing with Court Defined.

The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed with the judge, in which event the judge shall note thereon the filing date and forthwith transmit them to the office of the clerk. The clerk shall not refuse to accept any paper presented for filing solely because it is not presented in proper form as required by these rules or any local rules or practices.

Rule 45. Subpoena

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For Attendance of Witnesses; Form; Issue.

Subpoenas may be issued under Rule 45 only to compel the attendance of witnesses, with or without documentary evidence, at a deposition, hearing or trial. Every subpoena shall state the name of the court, and the title of the action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified.

For Production of Documentary Evidence.

A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may:

  • Quash or modify the subpoena if it is unreasonable and oppressive; or
  • condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things.

Service.

Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to such person the fees for one day’s attendance and the mileage allowed by law. Service is also valid if the person named in the subpoena has signed a written admission or waiver of personal service. When the subpoena is issued on behalf of the state of Colorado, or an officer or agency thereof, fees and mileage need not be tendered. Proof of service shall be made as in Rule 4(h). Unless otherwise ordered by the court for good cause shown, such subpoena shall be served no later than forty-eight hours before the time for appearance set out in said subpoena. The party issuing or causing the issuance of the subpoena pursuant to this rule, except in post-judgment proceedings, shall serve a copy of the subpoena (including a complete list of documents and things requested to be provided pursuant to the subpoena) upon all parties of record, including pro se parties, in the manner prescribed by C.R.C.P. 5 (b). Service on the other parties shall be made promptly after the service of the subpoena upon the person named therein. Original subpoenas and returns of service of such subpoenas need not be filed with the court.

Subpoena for Taking Depositions; Place of Examination.

  • A Deposition subpoena, upon notice to all parties to the action, may require the production of documentary evidence which is within the scope of discovery permitted by Rule 26. Any party, the person to whom a deposition subpoena is directed, or any other person claiming an interest in the documents affected, may move for a protective order under Rule 26, in addition to any other remedy available under Rule 45. The person to whom the subpoena is directed may, within ten days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than ten days after service, serve upon the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If an objection is made, the party serving the subpoena is not entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued.
  • A resident of this state may be required by subpoena to attend an examination upon deposition only in the county wherein he resides or is employed or transacts his business in person, or at such other convenient place as is fixed by an order of court. A nonresident of this state may be required by subpoena to attend only within forty miles from the place of service or in the county wherein he resides or is employed or transacts his business in person or at such other convenient place as is fixed by an order of court.

Subpoena for Deposition, Hearing or Trial.

Subpoenas for attendance at a deposition, hearing or trial shall be issued either by the clerk of the court in which the case is docketed, or by one of counsel whose appearance has been entered in the particular case in which the subpoena is sought. A subpoena requiring the attendance of a witness at a deposition, hearing or trial may be served any place within the state.

Subpoena in Aid of Execution or Proceedings Subsequent to Judgment.

Every subpoena or subpoena to produce issued in accordance with post-judgment proceedings of C.R.C.P. 69 shall comply with the provisions for service, attendance, production of documentary evidence and depositions required by this Rule 45. Written interrogatories pursuant to C.R.C.P. 69 shall be personally served on the judgment debtor in accordance with the requirements of, and in the manner provided for service of a subpoena under this Rule 45.

You should contact a Colorado Process Server if you have specific questions about Process Serving in Colorado.

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FAQs

What is Rule 4 of the Colorado Rules of Civil Procedure? ›

At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process is issued. (k) Refusal of Copy.

How long does a judge have to respond to a motion Colorado? ›

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.

What is excusable neglect in Colorado? ›

In defining excusable neglect, we have said, “A party's conduct constitutes excusable neglect when the surrounding circumstances would cause a reasonably careful person similarly to neglect a duty. Common carelessness and negligence do not amount to excusable neglect.” In re Weisbard, 25 P. 3d 24, 26 (Colo.

What does C mean in a court case number Colorado? ›

C (County Civil)

What does M mean in a court case number Colorado? ›

Misdemeanor (“M”) cases in Denver County Court: 720-913-9011.

Do you have to be served in person Colorado? ›

If you and the other party both have an e-filing account the other party will be served electronically. *If you need to arrange to personally deliver court documents to someone, this is known as "service of process".

How long does a judge have to make a ruling Colorado? ›

Importantly, pretrial motions, such as motions in limine which usually are used to obtain a ruling on the admissibility of specific evidence, need to be filed with the court at least 35 days before the trial date.

How long does a civil Judgement last in Colorado? ›

Judgments have a life span provided by state law. In Colorado, a judgment in County Court lasts for 6 years, a judgment in District Court lasts for 20 years. Either can be renewed at the end of that period, but eventually, a judgment becomes unenforceable.

How long do you have to file a civil suit in Colorado? ›

Colorado's time limits for filing a civil action generally range from one to three years, but rent and debt collection actions have a six-year limit. The state also provides an extra year (three total) for personal injury and injury to property claims if a motor vehicle is involved.

What is mistake inadvertence surprise or excusable neglect? ›

Excusable neglect is a term associated with proceedings, notably in bankruptcy cases, that includes inadvertence, mistake, carelessness, or any intervening circumstances beyond a party's control. A court has the direction to allow a party to file a motion after the deadline if it finds excusable neglect.

How are court days calculated in Colorado? ›

Thereafter, every day shall be counted, including holidays, Saturdays or Sundays. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.

What constitutes excusable neglect in Florida? ›

Excusable neglect is found “where inaction results from clerical or secretarial error, reasonable misunderstanding, a system gone awry or any other of the foibles to which human nature is heir.”[

What does D stand for in court? ›

directed verdict. n. a verdict by a jury based on the specific direction by a trial judge that they must bring in that verdict because one of the parties has not proved his/her/its case as a matter of law (failed to present credible testimony on some key element of the claim or of the defense).

What does PS mean in court? ›

Postscript postscript is a note added to a letter after the signature. It can also be the written matter added at the end of a publication. The word PS or Postscript comes from the Latin word "post scriptum" which means "after writing."

What does R stand for in a court case? ›

R. record - A written account of all the acts and proceedings in a lawsuit. remand - When an appellate court sends a case back to a lower court for further proceedings. The lower court is often required to do something differently, but that does not always mean the court's final decision will change.

What does Mr stand for in court cases? ›

Mr. Motion for Reconsideration. Motion, Court, Decision.

Can you look up court cases online in Colorado? ›

Yes, Colorado court records are accessible online. Access to trial court case information is available through the Docket Search tool on the Colorado judicial branch website.

What is a motions hearing in Colorado? ›

A motion hearing in a Colorado criminal case is a court hearing that typically takes place in preparation for a scheduled jury trial. Courts schedule motion hearings after either the prosecution or defense files a motion, which is a request for the court to take a certain action.

How many attempts will a process server make in Colorado? ›

COLORADO PROCESS SERVERs

Routine (Process Server will make 1st attempt within 5-7 business days); Rush (Process Server will make 1st attempt within 48hrs.); Service by Mail (Documents will be mailed within 24hrs);

Can you be served on a Sunday in Colorado? ›

In most states – 39 of them, to be exact – service of process on Sundays and holidays is totally legal. That means your process server can show up at the defendant's door on a Sunday, when you know they're home from work, and hand them that subpoena.

Can you be served by mail in Colorado? ›

In Colorado, service of the summons and complaint (“lawsuit”) may be made by personal service, substituted service or, in certain circumstances, by mail or publication in a newspaper. Service by mail or publication generally needs to be approved by a court before it is permitted, and is not available in every case.

How long can a case be dismissed without prejudice in Colorado? ›

Actions not prosecuted or brought to trial with due diligence may, upon notice, be dismissed without prejudice unless otherwise specified by the court upon 28 days' notice in writing to all appearing parties or their counsel of record, unless a party shows cause in writing within said 28 days why the case should not be ...

What is a minute order in Colorado? ›

A minute order is a legal document. It's a court's answer to a party's request. In legal terms, this request is called a motion. A minute order is a court's answer to, or ruling on, a motion.

How long after an oral argument do you get a decision? ›

Reviewing cases decided this year, we found that the average time between oral argument and decision is generally longer for decisions that reversed the district court. Affirmances in civil cases took about 3.7 months from oral argument to decision, while reversals were almost a month longer, at 4.5 months.

What is the new debt collection rule? ›

The Fair Debt Collection Practices Act makes it illegal for debt collectors to harass or threaten you when trying to collect on a debt. In addition, on November 30, 2021, the CFPB's new Debt Collection Rule became effective.

How long does a creditor have to sue you in Colorado? ›

It's called the debt statute of limitations. In Colorado, debt collectors can sue you for an unpaid debt for up to six years after you default on it. Don't expect to be sued right way. Creditors usually make a number of attempts to collect the unpaid debt first.

What personal property can be seized in a Judgement in Colorado? ›

And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Colorado, a judgment lien can be attached to real estate only (such as a house, land, or similar property).

Is Colorado a serve first state? ›

Service of Process

Colorado is a “serve-first” state. In most states, the first step is filing the case with the court and then serving the defendant.

What is Colorado's statute of limitations? ›

These limits vary depending on the type of crime. In Colorado, misdemeanor charges have time limits ranging from 6 months to five years while many felony charges, such as murder, kidnapping, and treason, have no statutory limit on filing charges.

How do I sue a company in Colorado? ›

JDF 248 Small Claims Instructions has all the information included in one document.
  1. STEP 1: Fill out your forms. Fill out Form JDF 250 Notice, Claim and Summons to Appear for Trial. ...
  2. STEP 2: File your case. ...
  3. STEP 3: Serve the defendant(s).

What is a 473 motion? ›

[CCP] Section 473 permits the trial court to 'relieve a party ... from a judgment, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect.

What is a void judgment in California? ›

This cannot be ignored its fact recorded! Judgment is a void judgment if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process, Fed. Rules Civ. Proc., Rule 60(b)(4), 28 U.S.C.A., U.S.C.A. Const.

How can I set aside a Judgement in California? ›

To ask a court to set aside (cancel) a court order or judgment, you have to file a “request for order to set aside,” sometimes called a “motion to set aside” or “motion to vacate.” The terms “set aside” or “vacate” a court order basically mean to “cancel” or undo that order to start over on a particular issue.

How long do civil cases last? ›

Normally criminal case is expected to be decided within six months. Civil matters are expected to have disposal within three years.

How do you answer a summons without a lawyer? ›

Take your written answer to the clerk's office.

The clerk will take your documents and stamp each set of papers "filed" with the date. They will then give the copies back to you. One copy is for you to keep. The other copy you're responsible for delivering to the plaintiff (or their attorney).

How long do you have to serve a complaint in Colorado? ›

(l) No Colorado Rule. (m) The Limit for Service. If a Defendant Is Not Served within 63 Days (nine Weeks) after the Complaint Is Filed, the Court–on Motion or on Its Own after Notice to the Plaintiff–shall Dismiss the Action without Prejudice against That Defendant or Order That Service be Made within a Specified Time.

How long does a civil Judgement last in Florida? ›

In Florida, a judgment lasts for 20 years. It can be renewed after the 20 year period, although this is rarely done. Judgments that are not recorded as liens, or are recorded as junior liens, are still valid judgments that can be executed against the debtor's property.

What makes a judgment void in Florida? ›

A judgment is void if entered by a court without subject matter jurisdiction, Tannenbaum v. Shea, 133 So. 3d 1056, 1061 (Fla. 4th DCA 2014) (citation omitted), or if the “due process guarantee of notice and a real opportunity to be heard” were violated, Shiver v.

How long do you have to file a motion for rehearing in Florida? ›

1977 Amendment. This rule replaces former rule 3.14. Rehearing now must be sought by motion, not by petition. The motion must be filed within 15 days of rendition and a response may be served within 10 days of service of the motion.

What does NP mean in court? ›

all words any words phrase. nolle prosequi. (no-lay pro-say-kwee) n. Latin for "we shall no longer prosecute," which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either before or during trial, meaning the case against the defendant is being dropped.

What does sod stand for in jail? ›

SOD. Status of Discipline (military legal term)

What does p/d o mean in law? ›

Prosecutorial Discretion and the ICE Office of the Principal Legal Advisor.

What does C mean in a court case number Colorado? ›

C (County Civil)

What does PG mean in legal terms? ›

Performance Guarantee (PG) Definition | Law Insider.

What does PS after Attorney name mean? ›

1 attorney answer

"P.S." means the attorney is claiming to be a professional service corporation.

What's it called when a judge makes a decision? ›

Adjudication: A decision or sentence imposed by a judge.

What does o/s mean in legal terms? ›

O/S. Outstanding (unpaid insurance claim)

How do you pronounce V in a court case? ›

Moderato con anima (English Only)
  1. Civil cases are pronounced with "and". For example, Smith v Jones would be pronounced "Smith and Jones". [2]
  2. Criminal cases are pronounced with "against". For example, R v Smith would be pronounced "the Crown against Smith". ...
  3. Versus and vee are incorrect.
2 Jul 2016

How long does a judge have to make a ruling Colorado? ›

Importantly, pretrial motions, such as motions in limine which usually are used to obtain a ruling on the admissibility of specific evidence, need to be filed with the court at least 35 days before the trial date.

What is an entry of appearance Colorado? ›

The Entry of Appearance tells the circuit clerk's office to make sure that the attorney receives notice of all documents filed with court by either side in that particular case and it also lets the clerk know that any decisions made by the judge in the case need to be sent to the attorney who filed the Entry of ...

How long does a defendant have to answer a complaint in Colorado? ›

(1) A defendant shall file his answer or other response within 21 days after the service of the summons and complaint.

How long do you have to serve a complaint in Colorado? ›

(l) No Colorado Rule. (m) The Limit for Service. If a Defendant Is Not Served within 63 Days (nine Weeks) after the Complaint Is Filed, the Court–on Motion or on Its Own after Notice to the Plaintiff–shall Dismiss the Action without Prejudice against That Defendant or Order That Service be Made within a Specified Time.

How long does a civil Judgement last in Colorado? ›

Judgments have a life span provided by state law. In Colorado, a judgment in County Court lasts for 6 years, a judgment in District Court lasts for 20 years. Either can be renewed at the end of that period, but eventually, a judgment becomes unenforceable.

How long do you have to file a civil suit in Colorado? ›

Colorado's time limits for filing a civil action generally range from one to three years, but rent and debt collection actions have a six-year limit. The state also provides an extra year (three total) for personal injury and injury to property claims if a motor vehicle is involved.

How long can a case be dismissed without prejudice in Colorado? ›

Actions not prosecuted or brought to trial with due diligence may, upon notice, be dismissed without prejudice unless otherwise specified by the court upon 28 days' notice in writing to all appearing parties or their counsel of record, unless a party shows cause in writing within said 28 days why the case should not be ...

How do I file a motion in Colorado? ›

Here's a step-by-step walkthrough:
  1. Download and complete the required forms. These are available online on the Colorado court website. ...
  2. File the completed forms with the court. ...
  3. Provide the other party with a copy of the motion by mail.
  4. Wait for further updates from the court on hearings or direct rulings.
19 Mar 2021

What does appearance of counsel mean in Colorado? ›

The appearance of counsel definition is something that a creditor in a bankruptcy case should know if he or she is seeking legal representation. In order to declare appearance of counsel, an attorney is required to submit a notice of appearance and comply with certain rules and regulations imposed by the court.

Is a motion to dismiss a responsive pleading Colorado? ›

Here, since this discussion is in the context of responding to a motion to dismiss, which is not a responsive pleading within the meaning of the rules, the plaintiff may respond to the motion to dismiss by amending the complaint as a matter of right, i.e, without permission from the court or from the parties.

How long do civil cases last? ›

Normally criminal case is expected to be decided within six months. Civil matters are expected to have disposal within three years.

How do you answer a summons without a lawyer? ›

Take your written answer to the clerk's office.

The clerk will take your documents and stamp each set of papers "filed" with the date. They will then give the copies back to you. One copy is for you to keep. The other copy you're responsible for delivering to the plaintiff (or their attorney).

What is a verified complaint in Colorado? ›

A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.

Can you be served by mail in Colorado? ›

In Colorado, service of the summons and complaint (“lawsuit”) may be made by personal service, substituted service or, in certain circumstances, by mail or publication in a newspaper. Service by mail or publication generally needs to be approved by a court before it is permitted, and is not available in every case.

How long does a process server have to serve papers in Colorado? ›

Within ten days after delivery of a subpoena for a person to serve on the designated attorney in the subpoena, a written objection to the examination or copying of any or all identified papers should be provided if such period is less than ten days after Colorado Process Service.

Can someone else accept served papers? ›

Any person means just that–a relative or a friend is fine. However, many states require that this person be approved by the court.

Videos

1. How a default judgment is entered
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2. The Stages of a Lawsuit [Explained]
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3. Colorado's Fair Housing Laws and HOAs - A Webinar from the HOA Information & Resource Center
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4. Rules of Court - Civil Procedure Rules 1-5
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5. Getting the Money You've Won in Court: Enforcement of Civil Judgement
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