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Rule 40.Assignment of Cases for Trial

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

In one sentenceRule 40 leaves the mechanics of scheduling cases for trial to each trial court's own local rule, subject to the Chief Justice's oversight, while requiring that cases legally entitled to priority get it.

Full Text of Rule 40

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Subject to the directives of the Chief Justice of the Colorado Supreme Court, trial courts shall provide by rule for the placing of actions upon the trial calendar in such manner as they deem expedient. Precedence shall be given to actions entitled thereto.

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 40 is one sentence, and it hands the job of scheduling trials to each trial court rather than dictating a single statewide calendar. Subject to whatever directives the Chief Justice of the Colorado Supreme Court issues, every trial court adopts its own rule for how cases get placed on the trial calendar and in what order they are heard.

The rule adds one constraint: cases that are legally entitled to move ahead of others on the docket must get that treatment. A court's local scheduling rule can decide the rest of the mechanics, but it cannot ignore a priority that some other rule or statute has already granted a case.

Frequently Asked Questions

Does Colorado have one uniform rule for scheduling trials?

No. Rule 40 leaves the details of trial scheduling to each trial court's own local rule, subject to any directives issued by the Chief Justice of the Colorado Supreme Court.

What does the rule mean when it says some actions get "precedence"?

Some cases are entitled by law to move ahead of others on the trial calendar. Rule 40 requires courts to honor that priority even though it otherwise leaves the scheduling mechanics to local practice.

Who oversees how Colorado's trial courts set their calendars?

The Chief Justice of the Colorado Supreme Court issues the directives that every trial court's own scheduling rule must follow.

Source & verification. The rule text is reproduced verbatim from the official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 40). 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: assignment of cases for trialtrial calendar coloradotrial docket priorityscheduling a trial coloradocase precedence on trial calendar