Rule Change 2024(08)

COLORADO RULES OF CIVIL PROCEDURE — Rules 4, 12, and 16.5

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RULE CHANGE 2024(08)
COLORADO RULES OF 	CIVIL 	PROCEDURE
Rules 	4, 12, and 16.5




Rule 4. 	Process
(a) 	To 	What 	Applicable. 	This 	Rule 	applies 	to 	all 	process 	except 	as 	otherwise 	provided 	by 	these 	rules.
(b) 	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 process shall be
issued by the clerk, except as otherwise provided in these rules.
(c) 	Contents of Summons.
(1) 	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 	the
defendant 	that 	in 	case 	of 	the 	defendant's 	failure 	to do 	so, 	judgment 	by 	default 	may 	be 	rendered 	against 	the
defendant. 	If 	the 	summons 	is 	served 	by 	publication, 	the 	summons 	shall briefly 	state 	the 	sum 	of 	money 	or
other 	relief 	demanded. 	The 	summons 	shall 	contain 	the 	name, 	address, 	and 	registration 	number 	of 	the
plaintiff's attorney, if any, and if none, the address of the plaintiff. Except in case of service by publication
under Rule 4(g) or when otherwise ordered by the court, the complaint shall be served with the summons.
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.
(2) 	In 	forcible 	entry 	and 	detainer 	cases, 	the 	summons 	shall 	also 	contain 	all 	language 	and 	information
required by statute, and in addition to the complaint, be accompanied by a blank copy of 	Form JDF 103
Eviction Answer, 	Form JDF 186 Information for Eviction Cases, Form JDF 108 Request for Documents
in Eviction Cases, and blank copies of forms JDF 205 and 206 (fee waiver forms).
(d) 	– 	(m) [NO CHANGE]
COMMENT 	[NO CHANGE]




Rule 12. Defenses and Objections–When and How Presented–By Pleading or Motion–Motion for
Judgment on Pleadings
(a) When Presented.
(1) A defendant shall file his answer or other response within 21 days after the service of the summons
and complaint, except as otherwise provided by rule or statute. The filing of a motion permitted under this
Rule alters these periods of time, as follows:
(A) if the court denies the motion or postpones its disposition until the trial on the merits, the responsive
pleadings shall be filed within 14 days after notice of the court's action;
(B) if the court grants a motion for a more definite statement, or for a statement in separate counts or
defenses, the responsive pleadings shall be filed within 14 days after the service of the more definite
statement or amended pleading.
(2)– (6) [NO CHANGE]
(b) – (h) [NO CHANGE]
COMMENTS [NO CHANGE]




Rule 16.5. Pretrial Procedure – Forcible Entry and Detainer Proceedings for Possession –
Requests for Documents and Conference
(a) Purpose and Scope. This Rule applies to Forcible Entry and Detainer proceedings for
possession, unless otherwise provided by statute, by agreement of the parties, or by order of the
court.
(b) Requests for Documents.
(1) Either party may request all documents in the other party’s possession relevant to the current
action. To make this request, a party must complete, file, and send Form JDF 187 (Request for
Documents in Eviction Cases) to the opposing party.
(2) Any party failing to comply with a court order requiring such party to provide documents
relevant to the current action shall be subject to imposition of appropriate sanctions.
(c) Trial Scheduling and Pretrial Conferences. Except as provided by statute, if the defendant
files an answer, the court shall schedule a possession trial no sooner than seven days, but not
more than ten days, after the answer is filed, unless (1) the defendant requests a waiver of this
requirement in the defendant’s answer or after filing the answer, or (2) the court sets the trial date
beyond ten days if either party demonstrates good cause for an extension or if the court otherwise
finds justification for the extension. Prior to such trial, the court may in its discretion, and upon
reasonable notice, order a pretrial conference. Conferences by telephone or videoconference are
encouraged. Following a pretrial conference, the court may issue an order which may include
limitations on the issues to be raised and the witnesses and exhibits to be allowed at trial, entry of
judgment, or dismissal, if appropriate. Failure to appear at a pretrial conference may result in
appropriate sanctions, including an award of attorney fees and expenses incurred by the
appearing party. The court may encourage the parties to engage in mediation.
(d) Pretrial Discovery. Any party may request that discovery be permitted to assist in the
preparation for trial. The request may be made only during the pretrial conference. The discovery
may include depositions, requests for admissions, interrogatories, physical or mental
examinations, or requests for production or inspection of documents. If the court enters a
discovery order, it shall set forth the extent and terms of the discovery as well as the time for
compliance. If the court fails to specify any term, then the provisions of C.R.C.P. 30, 32, 33, 34,
35, and 36 shall supply the missing term.
(e) Resolution of Disputes. All issues regarding discovery shall be resolved on or before the day
of trial and shall not cause any undue delay in the proceedings. No party shall be entitled to seek
protective orders following the conference. Unless otherwise ordered by the court, a dispute over
compliance with the discovery order shall be resolved at the time of trial, and the court may
impose appropriate sanctions, including attorney fees and costs, against the non-complying party.




Rule 4. 	Process
(a) 	To 	What 	Applicable. 	This 	Rule 	applies 	to 	all 	process 	except 	as 	otherwise 	provided 	by 	these 	rules.
(b) 	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 process shall be
issued by the clerk, except as otherwise provided in these rules.
(c) 	Contents of Summons.
(1) 	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 	the
defendant 	that 	in 	case 	of 	the 	defendant's 	failure 	to do 	so, 	judgment 	by 	default 	may 	be 	rendered 	against 	the
defendant. 	If 	the 	summons 	is 	served 	by 	publication, 	the 	summons 	shall briefly 	state 	the 	sum 	of 	money 	or
other 	relief 	demanded. 	The 	summons 	shall 	contain 	the 	name, 	address, 	and 	registration 	number 	of 	the
plaintiff's attorney, if any, and if none, the address of the plaintiff. Except in case of service by publication
under Rule 4(g) or when otherwise ordered by the court, the complaint shall be served with the summons.
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.
(2) 	In 	forcible 	entry 	and 	detainer 	cases, 	the 	summons 	shall 	also 	contain 	all 	language 	and 	information
required by statute, and in addition to the complaint, be accompanied by a blank copy of 	Form JDF 103
Eviction Answer, 	Form JDF 186 Information for Eviction Cases, Form JDF 108 Request for Documents
in Eviction Cases, and blank copies of forms JDF 205 and 206 (fee waiver forms).
(d) 	– 	(m) [NO CHANGE]
COMMENT 	[NO CHANGE]




Rule 12. Defenses and Objections–When and How Presented–By Pleading or Motion–Motion for
Judgment on Pleadings
(a) When Presented.
(1) A defendant shall file his answer or other response within 21 days after the service of the summons
and complaint, except as otherwise provided by rule or statute. The filing of a motion permitted under this
Rule alters these periods of time, as follows:
(A) if the court denies the motion or postpones its disposition until the trial on the merits, the responsive
pleadings shall be filed within 14 days after notice of the court's action;
(B) if the court grants a motion for a more definite statement, or for a statement in separate counts or
defenses, the responsive pleadings shall be filed within 14 days after the service of the more definite
statement or amended pleading.
(2)– (6) [NO CHANGE]
(b) – (h) [NO CHANGE]
COMMENTS [NO CHANGE]




Rule 16.5. Pretrial Procedure – Forcible Entry and Detainer Proceedings for Possession –
Requests for Documents and Conference
(a) Purpose and Scope. This Rule applies to Forcible Entry and Detainer proceedings for
possession, unless otherwise provided by statute, by agreement of the parties, or by order of the
court.
(b) Requests for Documents.
(1) Either party may request all documents in the other party’s possession relevant to the current
action. To make this request, a party must complete, file, and send Form JDF 187 (Request for
Documents in Eviction Cases) to the opposing party.
(2) Any party failing to comply with a court order requiring such party to provide documents
relevant to the current action shall be subject to imposition of appropriate sanctions.
(c) Trial Scheduling and Pretrial Conferences. Except as provided by statute, if the defendant
files an answer, the court shall schedule a possession trial no sooner than seven days, but not
more than ten days, after the answer is filed, unless (1) the defendant requests a waiver of this
requirement in the defendant’s answer or after filing the answer, or (2) the court sets the trial date
beyond ten days if either party demonstrates good cause for an extension or if the court otherwise
finds justification for the extension. Prior to such trial, the court may in its discretion, and upon
reasonable notice, order a pretrial conference. Conferences by telephone or videoconference are
encouraged. Following a pretrial conference, the court may issue an order which may include
limitations on the issues to be raised and the witnesses and exhibits to be allowed at trial, entry of
judgment, or dismissal, if appropriate. Failure to appear at a pretrial conference may result in
appropriate sanctions, including an award of attorney fees and expenses incurred by the
appearing party. The court may encourage the parties to engage in mediation.
(d) Pretrial Discovery. Any party may request that discovery be permitted to assist in the
preparation for trial. The request may be made only during the pretrial conference. The discovery
may include depositions, requests for admissions, interrogatories, physical or mental
examinations, or requests for production or inspection of documents. If the court enters a
discovery order, it shall set forth the extent and terms of the discovery as well as the time for
compliance. If the court fails to specify any term, then the provisions of C.R.C.P. 30, 32, 33, 34,
35, and 36 shall supply the missing term.
(e) Resolution of Disputes. All issues regarding discovery shall be resolved on or before the day
of trial and shall not cause any undue delay in the proceedings. No party shall be entitled to seek
protective orders following the conference. Unless otherwise ordered by the court, a dispute over
compliance with the discovery order shall be resolved at the time of trial, and the court may
impose appropriate sanctions, including attorney fees and costs, against the non-complying party.




Amended and Adopted by the Court, En Banc, May 2, 2024, effective immediately.
By the Court:
Richard L. Gabriel
Justice, Colorado Supreme Court

Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.