COLORADO RULES OF CIVIL PROCEDURE
Introduction
In Colorado, no license is required.
Process service may be done by the county sheriff or deputy where the
service is made, or by any other person at least eighteen years of age. The server cannot be a party to the action.
If a defendant refuses to
accept a copy of the process service pleadings, service shall be sufficient if
the process server knows or has reason to identify the person who refuses, then
announces the documents being served, and offers to deliver a copy of the
documents to the person who refuses to be served. This is considered a valid service.
Table of Contents
PROCESS
To
What Applicable
Issuance
of Summons by Attorney or Clerk
Contents
of Summons
By
Whom Served
Personal
Service
Other
Service
Manner
of Proof
Waiver
of Service of Summons
Amendment
Refusal
of Copy
SERVICE AND FILING OF
PLEADINGS AND OTHER PAPERS
Service: When Required
Service:
How Made
Service: Numerous Defendants
Filing
and Serving
Filing
with Court Defined
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
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 process 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 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;
PERSONAL SERVICE
Personal service shall be as follows:
1.
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;
2.
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.
3.
Upon a person for whom a
conservator has been appointed, by delivering a copy thereof to such
conservator;
4.
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;
5.
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;
6.
Upon a municipal corporation,
by delivering a copy thereof to the mayor, city manager, clerk, or deputy clerk
of such corporation;
7.
Upon a county, by delivering a
copy thereof to the county clerk, chief deputy, county commissioner, or
designee authorized to accept service of process;
8.
Upon a school district, by
delivering a copy thereof to the superintendent or to any other employee
authorized to accept service of process;
9.
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;
10.
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.
11.
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 employee thereof, and by delivering a
copy to the attorney general, or any employee in his office designated by him
to accept service of process.
12.
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.
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:
1.
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
2.
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
1.
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;
2.
If by any other person, by the
person's affidavit thereof, with the same statement;
3.
If by mail, by the certificate
of the clerk showing the date of the mailing, and the date the clerk received the
return receipt;
4.
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;
5.
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. ------------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
the court orders personal service upon the party. 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.
FOR ATTENDANCE OF WITNESSES; FORM; ISSUE
Subpoenas
may be issued under Rule 45 only to compel 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: 1. Quash
or modify the subpoena if it is unreasonable and oppressive or 2. 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
1.
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 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.
2.
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.
In Colorado, lobbyists and
state officials are always active in transforming laws concerning civil
procedure. As a result, state
information offered on our website may have been amended recently. For contemporary process serving and civil
statutes, visit the official Colorado Judicial System Court website: http://www.courts.state.co.us/
