Responding to a Colorado complaint: 21 days, and 14 more if your motion is denied

Colorado tracks the federal timetable closely: 21 days to respond, 14 days after a denied pre-answer motion. The wording differs in one useful way, though — Colorado says "answer or other response," which makes the alternatives explicit.

The deadline

C.R.C.P. 12(a)(1):

A defendant shall file his answer or other response within 21 days after the service of the summons and complaint, except as otherwise provided by rule or statute. The filing of a motion permitted under this Rule alters these periods of time, as follows: (A) if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleadings shall be filed within 14 days after notice of the court's action; (B) if the court grants a motion for a more definite statement, or for a statement in separate counts or defenses, the responsive pleadings shall be filed within 14 days after the service of the more definite statement or amended pleading.

Three things.

"File," not serve. Colorado's obligation is to file within 21 days — a difference from states like Tennessee and Wisconsin, where the duty is to serve.

"Answer or other response." A Rule 12 motion is a response, and filing one alters the clock rather than running alongside it.

And 14 days runs from notice of the court's action — the federal formulation, and more generous than Indiana's 10 days from the order itself.

"Except as otherwise provided by rule or statute" is worth checking. Colorado has statutory response periods in particular categories of case.

Subparagraph (B) covers the more-definite-statement route, and note that Colorado also recognizes a motion for a statement in separate counts or defenses — a device most states have dropped.

Default

C.R.C.P. 55(a):

When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter his default.

Clerical entry on an affidavit, as in federal practice. No notice is required before entry.

C.R.C.P. 55(b)(1) — judgment:

A party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a general guardian, guardian ad litem, conservator, or such other representative who has appeared in the action. If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party's representative) shall be served with written notice of the application for judgment at least 7 days prior to the hearing on such application.

So the protective step in Colorado comes at the judgment stage, keyed to whether the defendant appeared — the same structure as Federal Rule 55(b)(2).

The practical lesson is the familiar one: appearing is cheap and it buys notice.

Answering, or moving

Colorado's Rule 12 carries the defenses that may be raised by motion, on the federal model. Filing one before the answer suspends the pleading deadline under Rule 12(a)(1).

Two Colorado-specific points worth knowing when you choose:

Colorado has its own summary judgment rule at C.R.C.P. 56, with timing that differs from the federal rule. A pre-answer motion that brings in outside evidence may convert, and the conversion carries Rule 56's schedule.

And Rule 121 — Colorado's practice standards — supplies briefing schedules and format requirements that sit on top of the rules. Check it before filing anything.

How Colorado compares

A short checklist

1. Calendar 21 days from service, and note the obligation is to file, not merely to serve.
2. Check whether a rule or statute sets a different period for your type of case — Rule 12(a)(1) defers to them.
3. A Rule 12 motion is a "response." Filing one suspends the answer deadline.
4. If your motion is denied, you have 14 days from notice of the court's action.
5. Appear. Notice before a default judgment turns on whether you have appeared; notice before entry of default is not required at all.
6. Read Rule 121 for the practice standards governing motion format and briefing.
7. If a default has been entered, move before judgment — that is where the standard is most forgiving.

Where these rules live

• C.R.C.P. 4 — Process
• C.R.C.P. 6 — Time
• C.R.C.P. 8 — General rules of pleading
• C.R.C.P. 12 — Defenses and objections
• C.R.C.P. 15 — Amended and supplemental pleadings
• C.R.C.P. 55 — Default
• C.R.C.P. 56 — Summary judgment
• C.R.C.P. 60 — Relief from judgment or order

This page explains what the rules say. It isn't legal advice, and Colorado's practice standards in Rule 121 are outside what this page covers.