Rule Change 2022(02)

Colorado Rules of Civil Procedure Chapter 25 Colorado Rules of County Court Civil Procedure Rules: 304, 312, and 404 Forms: 28A and 105

Rule 304. Service of Process.

(a)–(j) [NO CHANGE]

(k) Time Limit for Service. If a defendant is not served within 26 weeks after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—shall dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court shall extend the time for service for an appropriate period. This subdivision (k) does not apply to service in a foreign country under rule 304(d).

Rule 312. Defenses and Objections—When and How Presented—By Pleading or Motion—Motion for Judgment on Pleadings.

(a) [NO CHANGE]

(b) Motions. Motions raising defenses made by the defendant on or before the appearance date shall be ruled upon before an answer is required to be filed. If the court rules upon such motions on the appearance date, the defendant may be required to file the answer immediately. The answer shall otherwise be filed within 14 days of the order. The court may permit the plaintiff to amend the complaint or supply additional facts and may permit additional time within which the answer shall be filed.

(c)–(d) [NO CHANGE]

Rule 404. Replevin

(a) Personal Property. The plaintiff in an action in the county court to recover the possession of personal property, the value of which does not exceed twenty-five thousand dollars, may, at the time of the commencement of the action, or at any time before trial, claim the delivery of such property to the plaintiff as provided in this Rule.

(b)–(p) [NO CHANGE]

Amended and Adopted by the Court, En Banc, January 6, 2022, effective immediately. 

By the Court:

Richard L. Gabriel

Justice, Colorado Supreme Court