(a) Courts Always Open. Courts shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning process, and of making and directing all interlocutory motions, orders, and rules. Each term shall be deemed open and continuous until the commencement of the next succeeding term.
Rule 77.Courts and Clerks
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 77 keeps Colorado's courts open at all times for filing, process, and interlocutory orders, separates what must happen in open court from what a judge may handle in chambers or elsewhere in the state, and defines the clerk's limited authority over routine matters.
Full Text of Rule 77
(b) Proceedings in Court and Chambers. All trials upon the merits shall be conducted in open court and so far as convenient in a regular courtroom. All other acts or proceedings may be done or conducted in open court or by a judge in chambers, without the attendance of the clerk or other court officials and at any place within the state; but no hearing, other than on ex parte, shall be conducted outside the judicial district in which the action is pending without the consent of all parties affected thereby who are not in default.
(c) Clerk's Office and Orders by Clerk. The clerk's office with the clerk or a deputy in attendance shall be open at such hours and on such days as may be provided by law, and by local rule not in conflict with law. All motions and applications in the clerk's office for issuing process, for entering defaults or judgments by default, and for other proceedings which do not require allowance or order of the court are grantable of course by the clerk; but his action may be suspended or altered or rescinded by the court upon cause shown.
(d) Orders in Any County. Any ex parte order in any pending action may be entered by the court, or by any judge thereof in any county of the district, irrespective of the county in which said action is pending.
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 77 treats every Colorado court as open at all times for filing pleadings, issuing and returning process, and acting on interlocutory motions and orders. Court terms run continuously into one another, so a filing deadline doesn't lapse because one term has ended and the next hasn't formally begun.
The rule draws a line between two kinds of court work. A trial on the merits must happen in open court, in a regular courtroom whenever that's convenient. Other acts and proceedings may happen in open court or in a judge's chambers, anywhere in the state — but a hearing, other than an ex parte one, can't move outside the judicial district where the case is pending unless every party who isn't in default consents.
The clerk's office keeps the hours set by law or local rule, and the clerk can act on routine requests, such as issuing process or entering defaults or judgments by default, without a judge's separate order. The court can still suspend, change, or undo anything the clerk does, and any judge in the district may enter an ex parte order in any county of that district, regardless of where the case itself is pending.
Frequently Asked Questions
Does "always open" mean the clerk's office never closes?
No. Rule 77(a) means the court is always open in a legal sense for filing papers and issuing process — the clerk's office itself keeps the hours set by law or local rule under Rule 77(c).
Can a judge hold a hearing outside the judicial district where the case is filed?
Only for an ex parte matter, or if every party who isn't in default agrees; otherwise Rule 77(b) keeps hearings inside the district where the action is pending.
What can the clerk decide without asking a judge?
Rule 77(c) lets the clerk grant routine requests, like issuing process or entering defaults or judgments by default, on the clerk's own authority, though the court can suspend, alter, or rescind that action for cause.
Where can an ex parte order be entered?
Rule 77(d) allows any judge in the district to enter an ex parte order in any county within that district, not only the county where the case was filed.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 77). 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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