Colorado procedural guides

Plain-English guides to the Colorado Rules of Civil Procedure, each one tied to the rules it relies on. Every rule named in a guide has its own page with the official text.

• Responding to a Colorado complaint: 21 days, and 14 more if your motion is deniedColorado Rule 12(a) gives 21 days to file an answer or other response, and 14 days after notice of an order denying a pre-answer motion — with default entered by the clerk on an affidavit.
• Setting aside a Colorado default judgment: 182 days, and a different rule for each halfColorado sets aside an entry of default for good cause under C.R.C.P. 55(c), but a default judgment only under Rule 60(b) — where mistake and excusable neglect expire at 182 days.
• Colorado's mandatory disclosures: 28 days after the case is at issue, favorable or notC.R.C.P. 26(a)(1) requires four categories of disclosure within 28 days after the case is at issue — including material that hurts your own case — with no waiting for a discovery request.
• Starting a Colorado civil case: two ways to commence, and a 14-day trap in one of themColorado lets you commence a civil action either by filing the complaint or by serving it — but service-first commencement is void unless the complaint is filed within 14 days.
• Colorado wage garnishment: 21 days to object, on Form 28Colorado's writ of continuing garnishment runs 182 days and can be objected to on C.R.C.P. Form 28 — but if no objection is filed within 21 days of service on the employer, the money goes out.
• Responding to a Colorado eviction: the date on the summons is the whole deadlineA Colorado eviction summons sets an appearance date not less than seven nor more than fourteen days out — file a written answer or appear by then, or the court may enter default judgment for possession.
• The Colorado motion to dismiss: six grounds, and it must be filed by the answer dateC.R.C.P. 12(b) lists six defenses that may be raised by separate motion — but the motion must be filed on or before the date the answer is due, and three of them are waived if omitted.
• Responding to summary judgment in Colorado: 91 days before trial, and sworn copies attachedC.R.C.P. 56(c) requires a summary judgment motion to be filed at least 91 days before trial and a cross-motion at least 70 — and affidavits must attach sworn or certified copies of everything they cite.
• Compelling discovery in Colorado: certify the conferral, and note what happens if they comply lateC.R.C.P. 37(a) requires a certification of good-faith conferral with every motion to compel — and expenses can be awarded even where the discovery arrives after the motion is filed.
• Colorado subpoenas: 48 hours, 7 days or 14 days — and never against a partyColorado Rule 45 sets three different service lead times depending on what the subpoena commands, and forbids using a subpoena to get discovery from a named party without a court order.
• Colorado depositions: you pick the method and pay for it — anyone else who wants another pays tooColorado Rule 30 puts the recording method in the notice and the cost on the party taking the deposition, while any party adding a second method bears that expense itself.
• Colorado injunctions: a mandatory order can put you back in possessionColorado Rule 65 expressly allows a mandatory injunction restoring property to someone ousted by fraud, force or violence — and excludes family-law suits from the rule altogether.
• Colorado dismissal: an order that does not say "with prejudice" is without itColorado Rule 41 requires every failure-to-prosecute dismissal order to state whether it is with or without prejudice, and treats any that does not as being without prejudice.

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