Colorado Rules of Civil & Appellate Procedure 2016

1 TABLE OF CONTENTS. Adopted Rules Changes 2016 ..xvii Adopted Rules Changes 2015 ..xvii Pending Proposed Rule Changes ..xix Proposed Amendments to Rule , JDF 545, JDF 547 ..xxi Proposed Amendments to Rule 120 ..lvi Colorado Rules of Civil Procedure for Courts of Record in Colorado Chapter 1. Scope of Rules , One Form of Action, Commencement of Action, Service of Process, Pleadings, Motions and Orders ..5. Rule 1. Scope of Rules ..5. Rule 2. One Form of Action ..8. Rule 3. Commencement of Action ..8. Rule 4. Process ..10. Rule 5. Service and Filing of Pleadings and Other Papers ..32. Rule 6. Time ..36. Chapter 2. Pleadings and Motions ..43. Rule 7. Pleadings Allowed: Form of Motions ..43. Rule 8. General Rules of Pleading ..46. Rule 9. Pleading Special Matters ..64. Rule 10. Form and Quality of Pleadings, Motions and Other Documents ..72. Rule 11. Signing of Pleadings ..80. Rule 12. Defenses and Objections When and How Presented by Pleading or Motion Motion for Judgment on Pleadings.

2 84. Rule 13. Counterclaim and Cross Claim ..106. Rule 14. Third-Party Practice ..113. Rule 15. Amended and Supplemental Pleadings ..117. Rule 16. Case Management and Trial Management ..137. Rule Simplified Procedure for Civil Actions ..151. Rule Court Facilitated Management of Domestic Relations Cases and General Provisions Governing Duty of Disclosure ..155. Chapter 3. Parties ..163. Rule 17. Parties Plaintiff and Defendant; Capacity ..163. Rule 18. Joinder of Claims and Remedies ..172. Rule 19. Joinder of Persons Needed for Just Adjudication ..174. Rule 20. Permissive Joinder of Parties ..180. Rule 21. Misjoinder and Nonjoinder of Parties ..185. Rule 22. Interpleader ..186. Rule 23. Class Actions ..187. Rule Derivative Actions by Shareholders ..195. Rule Actions Relating to Unincorporated Associations ..198. Rule 24. Intervention ..199. v Colorado Rules of Civil & Appellate Procedure Rule 25. Substitution of Parties ..207. Chapter 4.

3 Disclosure and Discovery ..211. Rule 26. General Provisions Governing Discovery; Duty of Disclosure ..211. Rule Special Provisions Regarding Limited and Simplified Discovery (Repealed) ..236. Rule General Provisions Governing Discovery; Duty of Disclosure (Domestic Relations) (Repealed) ..237. Rule Limited Monetary Claim Actions (Repealed) ..237. Rule 27. Depositions Before Action or Pending Appeal ..237. Rule 28. Persons Before Whom Depositions May Be Taken ..241. Rule 29. Stipulations Regarding Discovery Procedure ..243. Rule 30. Depositions Upon Oral Examination ..244. Rule 31. Depositions Upon Written Questions ..252. Rule 32. Use of Depositions in Court Proceedings ..253. Rule 33. Interrogatories to Parties ..260. Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes ..264. Rule 35. Physical and Mental Examination of Persons ..270. Rule 36. Requests for Admission ..274. Rule 37. Failure to Make Disclosure or Cooperate in Discovery: Sanctions.

4 277. Chapter 5. Trials ..289. Rule 38. Right to Trial by Jury ..289. Rule 39. Trial by Jury or by the Court ..294. Rule 40. Assignment of Cases for Trial ..298. Rule 41. Dismissal of Actions ..299. Rule 42. Consolidation; Separate Trials ..312. Rule Consolidated Multidistrict Litigation ..315. Rule 43. Evidence ..317. Rule 44. Proof of Official Record ..322. Rule Determination of Foreign Law ..325. Rule 45. Subpoena ..325. Rule 46. Exceptions Unnecessary ..332. Rule 47. Jurors ..332. Rule 48. Number of Jurors ..351. Rule 49. Special Verdicts and Interrogatories ..351. Rule 50. Motion for Directed Verdict ..353. Rule 51. Instructions to Jury ..358. Rule Colorado Jury Instructions ..366. Rule 52. Findings by the Court ..367. Rule 53. Masters ..374. Chapter 6. Judgment ..383. Rule 54. Judgments; Costs ..383. Rule 55. Default ..399. vi Table of Contents Rule 56. Summary Judgment and Rulings on Questions of Law ..411. Rule 57. Declaratory Judgments.

5 435. Rule 58. Entry of Judgment ..448. Rule 59. Motions for Post-Trial Relief ..452. Rule 60. Relief from Judgment or Order ..479. Rule 61. Harmless Error ..497. Rule 62. Stay of Proceedings to Enforce a Judgment ..499. Rule 63. Disability of a Judge ..502. Rule 64. (Omitted as Federal Procedure ) ..503. Chapter 7. Injunctions, Receivers, Deposits in Court, Offer of Judgment ..505. Rule 65. Injunction ..505. Rule Security: Proceedings Against Sureties ..514. Rule 66. Receivers ..514. Rule 67. Deposit in Court ..518. Rule 68. Offer of Judgment (Repealed) ..518. Chapter 8. Execution and Supplemental Proceedings; Judgment for Specific Acts;. Vesting Title; Proceedings in Behalf of and Against Persons Not Parties ..519. Rule 69. Execution and Proceedings Subsequent to Judgment ..519. Rule 70. Judgment for Specific Acts; Vesting Title ..524. Rule 71. Process in Behalf of and Against Persons Not Parties ..525. Rule 71-A. Condemnation of Property (No Colorado Rule).

6 525. Rule 72 to 76. (Omitted as Federal Appellate Practice) ..525. Chapter 9. Court Administration ..527. Rule 77. Courts and Clerks ..527. Rule 78. Motion Day ..527. Rule 79. Records ..528. Rule 80. Reporter; Stenographic Report or Transcript as Evidence ..530. Chapter 10. General Provisions ..533. Rule 81. Applicability in General ..533. Rule 82. Jurisdiction Unaffected ..535. Rule 83. Rules by Courts (Repealed) ..535. Rule 84. Forms ..536. Rule 85. Title (Repealed) ..536. Rule 86. Pending Water Adjudications Under 1943 Act ..536. Rule 87. Application of Following Water Rules ..537. Rule 88. Judgments and Decrees ..537. Rule 89. Notice When Priority Antedating an Adjudication Is Sought ..537. Rule 90. Dispositions of Water Court Applications ..540. Rule 91. Entry of Decree When No Protest Has Been Filed ..541. Rule 92. Conditional Water Rights Extension of Time for Entry of Findings of Reasonable Diligence ..542. Rules 93 to 96.

7 (No Colorado Rules ) ..542. vii Colorado Rules of Civil & Appellate Procedure Chapter 11. Change of Judge; Place of Trial ..543. Rule 97. Change of Judge ..543. Rule 98. Place of Trial ..548. Rule 99. (No Rule) ..571. Chapter 12. Elections ..573. Rule 100. Contested Elections ..573. Chapter 13. Seizure of Person or Property ..575. Rule 101. Arrest and Exemplary Damages (Repealed) ..575. Rule 102. Attachments ..575. Rule 103. Garnishment ..591. Rule 104. Replevin ..615. Chapter 14. Real Estate ..625. Rule 105. Actions Concerning Real Estate ..625. Rule Spurious Lien or Document ..633. Chapter 15. Remedial Writs and Contempt ..637. Rule 106. Forms of Writs Abolished ..637. Rule Correctional Facility Quasi-Judicial Hearing Review ..687. Rule 107. Remedial and Punitive Sanctions for Contempt ..689. Chapter 16. Affidavits, Arbitration, Miscellaneous ..709. Rule 108. Affidavits ..709. Rule 109. Arbitration (Repealed) ..709. Rule Mandatory Arbitration (Repealed).

8 709. Rule 110. Miscellaneous ..709. Rules 111 to 119. (No Colorado Rules ) ..710. Chapter 17. Court Proceedings: Sales Under Powers ..711. Rule 120. Orders Authorizing Sales Under Powers ..711. Rule Order Authorizing Expedited Sale Pursuant to Statute ..716. Chapter 17A. Practice Standards and Local Court Rules ..719. Rule 121. Local Rules Statewide Practice Standards ..719. Chapter 17B. Appointed Judges ..751. Rule 122. Case Specific Appointment of Appointed Judges Pursuant to 13-3-111 ..751. Chapter Rules Governing Contingent Fees ..755. Rule 1. De nitions ..755. Rule 2. Construction ..755. Rule 3. Prohibitions ..756. Rule 4. Procedure ..756. Rule 5. Contents ..757. Rule 6. Sanction for Non-Compliance ..758. Rule 7. Forms ..758. Civil Access Pilot Project Chief Justice Directive 11-02 ..765. viii Table of Contents Colorado Rules of County Court Civil Procedure Chapter 25. Colorado Rules Of County Court Civil Procedure ..789. Rules 301.

9 Scope of Rules ..789. Rules 302. Form of Action ..789. Rules 303. Commencement of Action ..789. Rules 304. Service of Process ..790. Rules 305. Service and Filing of Pleadings and Other Papers ..793. Rules Electronic Filing and Serving ..795. Rules 306. Time ..798. Rules 307. Pleadings and Motions ..799. Rules 308. General Rules of Pleading ..799. Rules 309. Pleading Special Matters ..799. Rules 310. Form of Summons, Pleadings and Other Documents ..800. Rules 311. Signing of Pleadings ..801. Rules 312. Defenses and Objections - When and How Presented - by Pleading or Motion - Motion for Judgment on Pleadings ..802. Rules 313. Counterclaim and Cross Claim ..803. Rules 314. (No Colorado Rule) ..804. Rules 315. Amended Pleadings ..805. Rules 316. Pretrial Procedure - Disclosure and Conference ..805. Rules 317. Parties Plaintiff and Defendant ..806. Rules 318. Joinder of Claims and Remedies ..807. Rules 319. Necessary Joinder of Parties.

10 807. Rules 320. Permissive Joinder of Parties ..807. Rules 321. Misjoinder and Nonjoinder of Parties ..808. Rules 322 and 323. (No Colorado Rules ) ..808. Rules 324. Intervention ..808. Rules 325. Substitution of Parties ..808. Rules 326. Depositions to Preserve Testimony ..809. Rules 327 to 330. (No Colorado Rules ) ..810. Rules 331. Conducting Depositions to Preserve Testimony ..810. Rules 332. Effect of Errors and Irregularities in Depositions to Preserve Testimony ..811. Rules 333 to 337. (No Colorado Rules ) ..811. Rules 338. Right to Trial by Jury ..811. Rules 339. Trial by Jury or by the Court ..812. Rules 340. Assignment of Cases for Trial ..813. Rules 341. Dismissal of Actions ..813. Rules 342. Consolidation; Separate Trials ..814. Rules 343. Evidence ..814. Rules 344. Proof of Official Record ..815. Rules 345. Subpoena ..817. Rules 346. Exceptions Unnecessary ..818. ix Colorado Rules of Civil & Appellate Procedure Rules 347.