(a) Venue for Real Property, Franchises, and Utilities. All actions affecting real property, franchises, or utilities shall be tried in the county in which the subject of the action, or a substantial part thereof, is situated.
Rule 98.Place of Trial
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 98 sets the default county for filing a Colorado lawsuit — tied to where property sits, where a defendant lives, or where a tort or contract claim arose — and gives consumer-contract defendants extra venue protection while fixing tight deadlines for moving to change venue.
Full Text of Rule 98
(b) Venue for Recovery of Penalty, etc. Actions upon the following claims shall be tried in the county where the claim, or some part thereof, arose:
(1) For the recovery of a penalty or forfeiture imposed by statute, except that when it is imposed for an offense committed on a lake, river, or other stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river, or stream and opposite the place where the offense was committed;
(2) Against a public officer or person specially appointed to execute his duties, for an act done by him in virtue of his office, or against a person who by his command, or in his aid, does anything touching the duties of such officer, or for a failure to perform any act or duty which he is by law required to perform.
(c) Venue for Tort, Contract, and Other Actions.
(1) Except as provided in sections (a), (b), and (c)(2) through (6) of this Rule, an action shall be tried in the county in which the defendants, or any of them, may reside at the commencement of the action, or in the county where the plaintiff resides when service is made on the defendant in such county; or if the defendant is a nonresident of this state, the same may be tried in any county in which the defendant may be found in this state, or in the county designated in the complaint, and if any defendant is about to depart from the state, such action may be tried in any county where plaintiff resides, or where defendant may be found and service had.
(2) Except as provided in subsection (3) of this section, an action on book account or for goods sold and delivered may also be tried in the county where the plaintiff resides or where the goods were sold; an action upon contract may also be tried in the county where the same was to be performed. (3)(A) For the purposes of this Rule, a consumer contract is any sale, lease, or loan in which (i) the buyer, lessee, or debtor is a person other than an organization; (ii) the goods are purchased or leased, the services are obtained, or the debt is incurred, primarily for a personal, family, or household purpose; and (iii) the initial amount due under the contract, the total amount initially payable under the lease, or the initial principal does not exceed twenty-five thousand dollars. (B) An action on a consumer contract shall be tried (i) in the county in which the contract was signed or entered into by any defendant; or (ii) in the county in which any defendant resided at the time the contract was entered into; or (iii) in the county in which any defendant resides at the time the action is commenced. If the defendant is a nonresident of this state, the same may be tried in any county in which the defendant may be found in this state, or in the county designated in the complaint, and if any defendant is about to depart from the state, such action may be tried in any county where plaintiff resides, or where defendant may be found and service had. (C) In any action on a consumer contract if the plaintiff fails to state facts in the complaint or by affidavit showing that the action has been commenced in the proper county as described in this Rule, or if it appears from the stated facts that venue is improper, the court may, upon its own motion or upon motion of any party, dismiss any such action without prejudice; however, if appropriate facts appear in the record, the court shall transfer the action to an appropriate county. Any provision or authorization in any consumer contract purporting to waive any rights under subsection (3) of section (c) of this Rule is void. (D) Any debt collector covered by the provisions of the Federal “Fair Debt Collection Practices Act” shall comply with the provisions of said Act set forth in 15 U.S.C. 1692(i) concerning legal actions by debt collectors, notwithstanding any provision of this Rule. (4) An action upon a contract for services may also be tried in the county in which the services were to be performed. (5) An action for tort may also be tried in the county where the tort was committed. (6) An action in interpleader may also be tried in any county where a claimant resides.
(d) Venue for Injunction to Stay Proceedings. When any injunction shall be granted to stay a suit or judgment, the proceeding shall be had in the county where the judgment was obtained or the suit is pending.
(e) Motion to Change Venue; When Presented; Waiver; Effect of Filing.
(1) Except for actions under section (c)(3), (f)(2), or (g) of this Rule, a motion to change venue shall be filed within the time permitted for the filing of motions under the defenses numbered (1) to (4) of section (b) of Rule 12, and if any such motion, or any other motion permitted by Rule 12, is filed within said time, simultaneously therewith. Unless so filed, the right to have venue changed is waived. A motion under sections (c)(3), (f)(2), or (g) of this Rule, shall be filed prior to the time a case is set for trial, or the right to have venue changed on said grounds is waived, unless the court, in its discretion, upon motion filed or of its own motion, finds that a change of venue should be ordered.
(2) If a motion to change venue is filed within the time permitted by section (a) of Rule 12 for the filing of a motion under the defenses numbered (1) to (4) of section (b) of Rule 12, the filing of such motion by a party under the provisions of subsection
(1) of this section (e) alters his time to file his responsive pleading as follows: If the motion is overruled the responsive pleading shall be filed within 14 days thereafter unless a different time is fixed by the court, and if it is allowed the responsive pleading shall be filed within 14 days after the action has been docketed in the court to which the action is removed unless that court fixes a different time.
(3) Except as otherwise provided in an order allowing a motion to change venue, earlier ex parte and other orders affecting an action, or the parties thereto, shall remain in effect, subject to change or modification by order of the court to which the action is removed.
(f) Causes of Change. The court may, on good cause shown, change the place of trial in the following cases: (1) When the county designated in the complaint is not the proper county; (2) When the convenience of witnesses and the ends of justice would be promoted by the change.
(g) Change from County. If either party fears that he will not receive a fair trial in the county in which the action is pending, because the adverse party has an undue influence over the minds of the inhabitants thereof, or that they are prejudiced against him so that he cannot expect a fair trial, he may file a motion supported by an affidavit for a change of venue. The opposite party may file a counter motion and affidavit. If the motion is sustained the venue shall be changed.
(h) Transfers Where Concurrent Jurisdiction. All actions or proceedings in which district and county courts have concurrent jurisdiction, may, by stipulation of the parties and order of the court, be transferred by either court to such other court of the same county. Upon transfer, the court to which such cause is removed shall have and exercise the same jurisdiction as if originally commenced therein.
(i) Place Changed if All Parties Agree. When all parties assent, or when all parties who have entered their appearance assent and the remaining nonappearing parties are in default, the place of trial of an action in a district court may be changed to any other county in the district. The judgment entered therein, if any, shall be transmitted to the clerk of the district court of the original county for filing and recording in his office.
(j) Parties Must Agree on Change. Where there are two or more plaintiffs or defendants, the place of trial shall not be changed unless the motion is made by or with the consent of all the plaintiffs or defendants, as the case may be.
(k) Only One Change; No Waiver. In case the place of trial is changed the party securing the same shall not be permitted to apply for another change upon the same ground. A party does not waive his right to change of judge or place of trial if his objection thereto is made in apt time.
Amendment History
Amended effective July 1, 1983; January 1, 2012.
Plain-English Summary
Rule 98 tells a plaintiff which county to sue in. Some categories of cases have a fixed venue: actions touching real property, franchises, or utilities belong in the county where the property sits, and claims for a statutory penalty or against a public officer belong in the county where the claim arose. For most other contract and tort claims, venue defaults to the county where a defendant resides, where the plaintiff resides if the defendant is served there, or — for a nonresident defendant — any county where the defendant can be found or the county named in the complaint.
Consumer contracts get added protection: for a sale, lease, or loan to an individual for personal, family, or household use where the amount due does not exceed $25,000, the case must be filed where the contract was signed, where the defendant lived when signing, or where the defendant lives when sued. A contract clause trying to waive these protections is void, and a court can dismiss or transfer a case filed in the wrong county.
A defendant who wants a different county must move for a change of venue within the same window allowed for the early motions under Rule 12, or lose the right to challenge venue; the deadline runs later — up to the trial-setting date — for the special grounds tied to consumer contracts, witness convenience, or fear of local bias. Only one change of venue is allowed on the same ground, and courts may transfer cases between district and county courts sharing jurisdiction if the parties agree.
Frequently Asked Questions
Where should a Colorado lawsuit be filed by default?
For most contract and tort claims, venue defaults to the county where a defendant resides, or where the plaintiff resides if the defendant was served there; a nonresident defendant can be sued in any county where the defendant is found or the county named in the complaint.
What special venue rule protects consumers?
An action on a consumer contract of $25,000 or less must be filed where the contract was signed, where the defendant lived when signing, or where the defendant lives when sued, and any contract clause waiving that protection is void.
When must a party move to change venue?
A motion to change venue generally must be filed within the same period allowed for early motions under Rule 12, or the right is waived; motions based on a consumer contract, witness convenience, or fear of local bias may be filed later, up to the time a case is set for trial.
Can venue be changed just by agreement between the parties?
Yes. When all parties agree, the place of trial in a district court case may be moved to any other county within the same district.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 98). 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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