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Rule 3.1.Commencement of Actions in Forcible Entry and Detainer Cases

Current through June 1, 2026 · Last verified July 10, 2026

In one sentenceRule 3.1 sets a separate, filing-only commencement rule for Colorado eviction cases, requiring a statutory statement of claim to be filed with the court, with jurisdiction attaching the moment that complaint is filed.

Full Text of Rule 3.1

Text sizeJump to: (a) (b)

(a) How Commenced. An action filed under Article 40 of Title 13 of the Colorado Revised Statutes is commenced by filing with the court a complaint consisting of a statement of claim setting forth briefly the facts and circumstances giving rise to the action in the manner and form provided in section 13-40-110, C.R.S.
(b) Time of Jurisdiction. The court shall have jurisdiction from the filing of the complaint.

Amendment History

Adopted December 11, 2025, effective March 16, 2026.

Plain-English Summary

Eviction cases, forcible entry and detainer actions under Article 40 of Title 13 of the Colorado statutes, commence differently from an ordinary civil case. Rule 3.1 requires the landlord or other plaintiff to start the case by filing a complaint with the court, a statement of claim laying out the facts and circumstances behind the eviction in the form the eviction statute itself requires. There is no service-first option here, unlike the choice Rule 3 gives in general civil cases.

Jurisdiction in an eviction case attaches the moment that complaint is filed, not later, upon service. The rule keeps the commencement step predictable for a case type built around a compressed timeline, while leaving the substantive content requirements to the eviction statute rather than restating them here.

Frequently Asked Questions

How do I start an eviction case in Colorado?

By filing a complaint, a statement of claim describing the facts behind the eviction, with the court under Article 40 of Title 13 of the Colorado Revised Statutes.

Can I begin an eviction case by serving the tenant first, like in a regular civil case?

No. Unlike Rule 3's file-or-serve option for general civil actions, Rule 3.1 commences an eviction case only by filing the complaint with the court.

When does the court gain jurisdiction over an eviction case?

As soon as the complaint is filed.

What has to be included in an eviction complaint?

A statement of claim setting out the facts and circumstances behind the eviction, in the manner and form section 13-40-110, C.R.S. requires.

Source & verification. The rule text is reproduced verbatim from the official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 3.1). 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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