(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.
Rule 16.5.Pretrial Procedure—Forcible Entry and Detainer Proceedings for Possession—Requests for Documents and Conference
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 16.5 sets the pretrial track for Colorado eviction cases, giving both sides a form for requesting documents, putting the possession trial within 7 to 10 days after the answer is filed, and allowing discovery only if a party requests it at a court-ordered pretrial conference.
Full Text of Rule 16.5
(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 Rule 16.5. Pretrial Procedure—Forcible Entry and Detainer Proceedings for Possession—Requests for..., CO ST RCP Rule 16.5 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.
Amendment History
Adopted effective May 2, 2024.
Plain-English Summary
Rule 16.5 covers the pretrial stage of forcible entry and detainer cases — eviction actions seeking possession of property. Either side can demand the other's relevant documents by filing and serving a standard request form, and ignoring a court order to produce those documents can bring sanctions. Once a defendant files an answer, the court must set the possession trial no sooner than 7 days and no later than 10 days after, unless the defendant waives that fast timeline or either side shows good cause for more time.
Before trial, the court has discretion to order a pretrial conference, which the rule encourages holding by phone or video. At that conference the court can narrow the issues, witnesses, and exhibits allowed at trial, and it's the only point at which a party can ask for discovery — depositions, interrogatories, requests for admission, physical or mental exams, or document requests. If the court grants discovery, its order fixes the scope and deadline; anything the order leaves unaddressed falls back on the general discovery rules. Any dispute over discovery has to be resolved by the day of trial rather than delaying it, and a party who ignores a discovery order can face sanctions, including attorney fees.
Frequently Asked Questions
How fast does an eviction case go to trial in Colorado?
Once the defendant files an answer, the court must set the possession trial no sooner than 7 days and no later than 10 days after, unless the defendant waives that timeline or a party shows good cause for more time.
Can I get documents from the other side before an eviction trial?
Yes — either party can request all relevant documents in the other side's possession by filing and serving the standard request form, and a court order requiring production can be enforced with sanctions.
Is discovery allowed in a Colorado eviction case?
Only if a party asks for it at a pretrial conference; the court then sets the scope and deadline for any depositions, interrogatories, or document requests it allows.
What happens if the other party won't comply with a discovery order in an eviction case?
The court can impose sanctions, including an award of attorney fees and costs, against the party that failed to comply.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 16.5). 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
Also known as: eviction discovery coloradoforcible entry and detainer pretrialCRCP 16.5JDF 187 request for documentshow fast is an eviction trialpossession trial deadline coloradoFED pretrial conference