(a) How Commenced. A civil action is commenced (1) by filing a complaint with the court, or (2) by service of a summons and complaint. If the action is commenced by the service of a summons and complaint, the complaint must be filed within 14 days after service. If the complaint is not filed within 14 days, the service of summons shall be deemed to be ineffective and void without notice. In such case the court may, in its discretion, tax a reasonable sum in favor of the defendant to compensate the defendant for expense and inconvenience, including attorney's fees, to be paid by the plaintiff or his attorney. The 14 day filing requirement may be expressly waived by a defendant and shall be deemed waived upon the filing of a responsive pleading or motion to the complaint without reserving the issue.
Rule 3.Commencement of Action
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 3 lets a Colorado lawsuit begin either by filing a complaint with the court or by serving the summons and complaint on the defendant first, but if service comes first the complaint must reach the court within 14 days or the service becomes void.
Full Text of Rule 3
(b) Time of Jurisdiction. The court shall have jurisdiction from (1) the filing of the complaint, or (2) the service of the summons and complaint; provided, however, if more than 14 days elapses after service upon any defendant before the filing of the complaint, jurisdiction as to that defendant shall not attach by virtue of the service.
Amendment History
Amended effective January 1, 2012.
Plain-English Summary
Colorado gives a plaintiff two ways to start a civil case: file the complaint with the court first, or serve the summons and complaint on the defendant first. That second path is not available under the federal rule, which requires filing before anything else; Colorado's rule reflects an older, service-first tradition still in use today.
Choosing the service-first route carries a strict follow-up obligation. The complaint must reach the court within 14 days of that service. Miss the window, and the earlier service is treated as ineffective and void, though the court can order the plaintiff to cover the defendant's resulting expenses, including attorney's fees. A defendant can waive this 14-day requirement outright, and waives it automatically by responding to the complaint without raising the issue.
The same 14-day link controls when the court's jurisdiction attaches: jurisdiction runs from whichever happens first, filing or service, but if a defendant is served and the complaint sits unfiled for more than 14 days, jurisdiction over that defendant never takes hold through that service.
Frequently Asked Questions
Can I start a Colorado lawsuit by serving the defendant before filing anything with the court?
Yes. Rule 3(a) lets an action commence by serving the summons and complaint, but the complaint must then be filed with the court within 14 days.
What happens if I don't file the complaint within 14 days of serving it?
The earlier service becomes ineffective and void, and the court may order the plaintiff to pay the defendant's reasonable expenses, including attorney's fees, caused by the delay.
Can a defendant give up the right to challenge a late-filed complaint?
Yes, either by expressly waiving the 14-day requirement or, automatically, by filing a response to the complaint without reserving the issue.
When does a Colorado court get jurisdiction over my case?
From whichever comes first, the filing of the complaint or the service of the summons and complaint, though service alone will not create jurisdiction if the complaint stays unfiled beyond 14 days.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 3). 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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