(a) Special Statutory Proceedings. These rules do not govern procedure and practice in any special statutory proceeding insofar as they are inconsistent or in conflict with the procedure and practice provided by the applicable statute. Where the applicable statute provides for procedure under a former Code of Civil Procedure, such procedure shall be in accordance with these rules.
Rule 81.Applicability in General
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 81 marks the limits of the civil rules' reach, stepping aside for special statutory proceedings, dissolution of marriage and legal separation cases, and county-to-district-court appeals whenever those statutes set procedures that conflict with the general rules.
Full Text of Rule 81
(b) Dissolution of Marriage and Legal Separation. These rules shall not govern procedure and practice in actions in dissolution of marriage and legal separation insofar as they may be inconsistent or in conflict with the procedure and practice provided by the applicable statutes.
(c) Appeals from County to District Court. These rules do not supersede the provisions of the statutes of this state now or hereafter in effect relating to appeals from final judgments and decrees of the county court to the district court.
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 81 tells courts when the general civil rules give way to other law. In a special statutory proceeding — a case created and governed by its own statute — the civil rules apply only where they don't conflict with the procedure that statute sets out. If the statute happens to point back to procedure under a former Code of Civil Procedure, courts follow the current rules instead.
The same idea governs dissolution of marriage and legal separation cases: the civil rules apply unless they conflict with the procedure set out in the applicable domestic-relations statutes. And when a case moves from county court to district court on appeal, Rule 81 makes clear that the civil rules don't override whatever the appeal statutes require.
In practice, this means the civil rules often fill gaps that a special statute leaves open, since few statutes address every procedural question a case can raise. But where a statute speaks directly to an issue — how parties must be joined, or how notice must be served, for example — that statute controls over the general rule.
Frequently Asked Questions
Do the civil rules apply at all in a special statutory proceeding?
Yes, wherever the governing statute is silent or doesn't conflict with the rule in question. Rule 81(a) removes the rules only to the extent they're inconsistent with the statute's own procedure.
Do the civil rules govern divorce and legal separation cases?
They apply except where the dissolution of marriage and legal separation statutes set procedure that conflicts with the rules, under Rule 81(b).
Does Rule 81 change how appeals from county court to district court work?
No. Rule 81(c) confirms the civil rules don't supersede the state's statutes governing appeals of county court judgments and decrees to district court.
What kinds of cases count as "special statutory proceedings"?
Cases created by a specific statute that sets its own procedure, distinct from an ordinary civil action — the statute controls whenever its terms conflict with the general rules.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 81). 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: special statutory proceedings coloradorules of civil procedure applicabilitydivorce case procedure conflictcounty to district court appeal ruleswhen civil rules do not applydissolution of marriage procedure statute