The Colorado Rules of Civil Procedure, adopted by the Colorado Supreme Court, govern every stage of a civil lawsuit filed in the state’s courts. They set the deadlines, document formats, and procedural steps that carry a case from the initial complaint through discovery, trial, and collection of any judgment. Miss a deadline or skip a required step, and the case can end before a judge ever considers the merits.
Before You File: The Statute of Limitations
Nothing in the Rules of Civil Procedure matters if you file too late. Most tort claims in Colorado, including negligence, trespass, and wrongful death, must be filed within two years after the cause of action accrues.1Justia Law. Colorado Revised Statutes Section 13-80-102 That same two-year window covers strict liability claims, actions against government entities, and any civil action for which no separate deadline is specified. Contract disputes, property claims, and certain other categories follow different timelines under other sections of the statute.
Two exceptions can pause the clock. Under the discovery rule, the deadline may not start until you knew or should have known about the injury. And when the injured person is a minor or lacks mental capacity, the limitation period is typically paused until they turn 18 or regain capacity. Both exceptions are narrow. Treat the standard deadline as firm.
Starting the Case
A civil lawsuit begins when the plaintiff files two documents with the court: a complaint and a summons. Under C.R.C.P. 8 and C.R.C.P. 3, the complaint must include a short statement showing why you are entitled to relief, a clear demand for the damages or orders you want, and the full name and address of each party.2Colorado Legislature. Colorado Rules of Civil Procedure C.R.C.P. 10 requires every filing to carry a caption naming the court, the case title, and the parties.
The Colorado Judicial Branch provides standardized forms for the summons and cover sheet. JDF 600 is the District Court Civil Summons.3Colorado Judicial Branch. District Court Civil Summons JDF 601 is the District Court Civil Cover Sheet, a required companion document that captures basic case information for the court’s records.4Colorado Judicial Branch. District Court Civil Cover Sheet The complaint itself has no standardized form because it is drafted to fit each case.
Filing a civil complaint in Colorado District Court costs $265 for a normal money case.5Colorado Judicial Branch. List of Fees Attorneys must file electronically through the Colorado Courts E-Filing (CCE) system in district court civil cases, county court civil cases, and appeals.6Colorado Judicial Branch. E-Filing Errors in party names, addresses, or formatting can delay the case or draw an early motion to dismiss, so get the complaint right the first time.
Serving the Defendant
Filing the complaint does not notify the defendant. Notice happens through service of process, governed by C.R.C.P. 4. The person who delivers the papers must be at least 18 years old and cannot be a party to the lawsuit.2Colorado Legislature. Colorado Rules of Civil Procedure Most plaintiffs hire a private process server or the county sheriff.
Colorado recognizes several methods of service for individuals:
- Personal delivery: handing the papers directly to the defendant.
- Substituted service at home: leaving the papers with a household member who is at least 18 years old.
- Workplace service: delivering the papers to the defendant’s supervisor, administrative assistant, or similar representative at their job.
Different rules apply when serving businesses, government agencies, or minors. A corporation, for example, can be served through its registered agent, an officer, a general partner, or a managing agent. After delivery, the server files a Return of Service or Affidavit of Service with the court to prove the defendant was properly notified. C.R.C.P. 4(m) requires service within 63 days after the complaint is filed.2Colorado Legislature. Colorado Rules of Civil Procedure Miss that deadline and the case can be dismissed unless you obtain an extension.
The Defendant’s Response
Once served, the defendant has a deadline to answer. Under C.R.C.P. 12, a defendant served within Colorado has 21 days to respond. If served outside Colorado or by publication, the deadline extends to 35 days.7Colorado Judicial Branch. Colorado Rules of Civil Procedure – Rule 12
The answer must address every allegation in the complaint, either admitting it, denying it, or stating that the defendant lacks sufficient information to respond. It must also list any affirmative defenses, such as the statute of limitations or comparative fault. An affirmative defense left out of the answer can be lost for good. Defendants who believe the plaintiff is the one at fault can file counterclaims with the answer.
The filing fee for an answer only is $222. If the answer includes counterclaims or cross-claims, the fee jumps to $451.5Colorado Judicial Branch. List of Fees
Missing the deadline is serious. Under C.R.C.P. 55, when a defendant fails to respond, the clerk enters a default. The plaintiff can then apply for a default judgment, and the defendant must receive at least seven days’ written notice before the court holds a hearing on the application.8Colorado Judicial Branch. Colorado Rules of Civil Procedure – Rule 55 A default judgment means losing without the case ever being argued on the merits.
The Case Management Order
Once the pleadings close and the case is “at issue,” C.R.C.P. 16 requires the parties to prepare a case management order. The proposed order must be filed within 42 days after the case is at issue and at least seven days before the case management conference with the judge.2Colorado Legislature. Colorado Rules of Civil Procedure
The order covers a brief description of the case and issues to be tried, pending motions, proposed deadlines for amending pleadings and joining new parties, a discovery schedule, and a statement that the parties discussed settlement. The parties must also address whether mediation or another form of alternative dispute resolution fits the case. If either side claims damages, the order must include a computation of economic damages. The deadline for amending pleadings is 105 days after the case is at issue unless the court orders otherwise.
The deadlines set in this order control the rest of the litigation. Judges rarely extend them later without a strong reason.
Disclosures and Discovery
Colorado requires both sides to exchange key information automatically, without waiting for formal requests. Under C.R.C.P. 26, initial disclosures must be served within 28 days after the case is at issue.9Colorado Judicial Branch. Colorado Rules of Civil Procedure – Rule 26 Each party must identify people likely to have relevant information, describe or produce relevant documents, provide a computation of claimed damages, and hand over copies of any insurance agreements that could cover the judgment.
Written Discovery and Depositions
Beyond the automatic disclosures, the rules provide tools to dig deeper. Interrogatories are written questions served on the opposing party, who must answer under oath. Colorado limits each side to 30 interrogatories, including subparts, unless the court grants permission for more.10Colorado Judicial Branch. Colorado Rules of Civil Procedure – Rule 33 Requests for production under C.R.C.P. 34 seek physical or electronic documents. Depositions allow attorneys to question witnesses under oath, with a court reporter recording the testimony for later use.
Discovery is limited to information relevant to the claims or defenses and not protected by privilege, such as attorney-client communications. The scope must also be proportional to the needs of the case.
Electronically Stored Information
The duty to preserve electronically stored information (ESI) kicks in when you reasonably anticipate a lawsuit, not when the complaint is filed. Deleting relevant emails or files after a dispute arises can trigger sanctions even if no case has been filed yet. The parties should discuss the scope and format of ESI production at their initial meeting and in the proposed case management order. A party generally must produce ESI in the format it is ordinarily maintained or in a reasonably usable form, is not required to produce the same information in multiple formats, and may be excused from producing ESI stored on systems that are not reasonably accessible due to undue burden or cost unless the requesting party shows good cause.
Sanctions Under Rule 37
Under C.R.C.P. 37, if a party fails to make required disclosures or disobeys a discovery order, the court can treat disputed facts as established against the non-complying party, prohibit that party from introducing certain evidence, strike pleadings, stay the case, or enter a default judgment.11Westlaw. Colorado Rules of Civil Procedure Rule 37 – Failure to Make Disclosure or Cooperate in Discovery: Sanctions A party that fails to disclose required information without substantial justification can be barred from using that evidence at trial or in a summary judgment motion. The court may also order the non-complying party to pay the other side’s attorney fees caused by the failure.
Motions
At any point in the case, either side can ask the judge for a ruling by filing a motion under C.R.C.P. 7. Every motion must state the specific grounds for the request and the relief sought. Before filing most motions, C.R.C.P. 121, Section 1-15 requires the moving party to contact the other side and attempt to resolve the dispute without court involvement.2Colorado Legislature. Colorado Rules of Civil Procedure
Common motions include a motion to dismiss under C.R.C.P. 12(b) for lack of jurisdiction or failure to state a claim, and a motion for summary judgment under C.R.C.P. 56. Summary judgment argues that the undisputed facts entitle one side to win as a matter of law, without a trial. Under the current version of C.R.C.P. 56, a summary judgment motion must be filed no later than 91 days before trial, and a cross-motion must be filed no later than 70 days before trial.12Westlaw. Colorado Rules of Civil Procedure Rule 56 – Summary Judgment and Rulings on Questions of Law
Once a motion is filed, the opposing party has 21 days to file a response. The moving party then gets 7 days to file a reply, which closes the briefing. The court may decide the motion on the papers or schedule oral argument.
Collecting on a Judgment
Winning does not automatically put money in your pocket. If the losing party does not pay voluntarily, you have several tools to collect. A property lien attaches your judgment to real estate owned by the debtor. You request a Transcript of Judgment from the court for a $25 fee and record it with the Clerk and Recorder’s Office in the county where the debtor owns property. When that property is sold, you get paid from the proceeds.13Colorado Judicial Branch. Collecting a Judgment Wage garnishment withholds a portion of the debtor’s paycheck. You can also pursue levies against bank accounts or other personal property with the help of a sheriff. Each method requires a separate court filing and has its own procedural requirements.
Judgments do not last forever. A county court judgment expires after 6 years; a district court judgment lasts 20 years.13Colorado Judicial Branch. Collecting a Judgment If you are approaching the expiration date and have not collected, you can ask the court to extend it, but you must file that request before the judgment expires. Once the deadline passes, enforcement is gone.