(a) Amendments. No writ or process shall be quashed, nor any order or decree set aside, nor any undertaking be held invalid, nor any affidavit, traverse, or other paper be held insufficient if the same is corrected within the time and manner prescribed by the court, which shall be liberal in permitting amendments.
Rule 110.Miscellaneous
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 110 tells Colorado courts to fix, rather than void, a defective writ, order, undertaking, or affidavit when corrected as the court directs, spells out how common terms in the rules should be read, and gives cross-claimants, counterclaimants, and third-party claimants the same rights as a plaintiff.
Full Text of Rule 110
(b) Use of Terms. Words used in the present tense shall include the future; singular shall include the plural; masculine shall include the feminine; person or party shall include all manner of organizations which may sue or be sued. The use of the word clerk, sheriff, marshal, or other officer means such officer or his deputy or other person authorized to perform his duties. The word “oath” includes the word “affirmation”; and the phrase “to swear” includes “to affirm”; signature or subscription shall include mark, when the person is unable to write, his name being written near it and witnessed by a person who writes his own name as a witness. A superintendent, overseer, foreman, sales director, or person occupying a similar position, may be considered a managing agent for the purposes of these rules.
(c) Certificates. Certificates shall be made in the name of the officer either by the officer or by his deputy.
(d) Cross Claimants, Counterclaimants and Third-Party Claimants. Where a cross claim, counterclaim or third-party claim is filed, the claimant thereunder shall have the same rights and remedies as if a plaintiff.
Amendment History
The source reproduced here (current through June 1, 2026) records no amendment to this rule since its original adoption — no Credits line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the Colorado General Assembly.
Plain-English Summary
Rule 110 collects a handful of interpretive and housekeeping provisions that apply across Colorado's civil rules. Under section (a), courts favor correcting a defective writ, order, undertaking, or affidavit within a time and manner the court sets rather than voiding it outright, carrying out the rules' general preference for deciding cases on the merits.
Section (b) defines terms used throughout the rules: present tense includes the future, singular includes the plural, masculine includes the feminine, and person or party includes any organization that can sue or be sued. A clerk, sheriff, marshal, or other officer includes that officer's deputy, oath includes affirmation, and a person unable to write may sign with a mark witnessed by someone who signs their own name. The rule also treats a superintendent, overseer, foreman, sales director, or similar position as a managing agent. Section (c) requires certificates to be issued in the name of the officer, even when a deputy signs them, and section (d) gives a party asserting a cross-claim, counterclaim, or third-party claim the same rights and remedies as a plaintiff.
Frequently Asked Questions
Can a defective document be corrected instead of thrown out under Colorado's civil rules?
Yes. Rule 110(a) directs courts to permit correction of a defective writ, process, order, undertaking, or affidavit within the time and manner the court sets, rather than voiding it.
Who counts as a managing agent under Colorado's civil rules?
Rule 110(b) treats a superintendent, overseer, foreman, sales director, or person in a similar position as a managing agent for purposes of the rules.
Does a counterclaim get the same rights as an original complaint in Colorado?
Yes. Rule 110(d) gives a party filing a cross-claim, counterclaim, or third-party claim the same rights and remedies as if that party were the plaintiff.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 110). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
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