- Colorado has specific rules for county court civil procedure.rules image by jimcox40 from Fotolia.com
In a civil court case, you must follow specific court rules regarding filing, procedure, and appeals. In Colorado, the rules for county court civil cases are found in the Colorado Court Rules, Chapter 25: Rules of County Court Civil Procedure. Understanding these rules may assist you in your Colorado county court civil case. - Colorado county court civil procedure rules 302 and 303 explain what form an action must take, how the action is "commenced" (started), the process of issuing a summons, and when jurisdiction over actions and parties shall start. Service of process, including electronic filing and service, is addressed in rules 304 through 306.
- An important part of any civil case is the filing of pleadings and motions, which tell the court what orders you want. Rules 307 through 315 explain how pleadings and motions must be written, signed, defended, objected and amended. Rule 313 gives specific instructions about counterclaims and cross claims in pleadings and motions.
- Before trial begins, you must follow proper pretrial procedure and name or join parties appropriately in your case. Rules 316 through 325 explain pretrial procedure and joinder of parties, including misjoinder, nonjoinder, intervention and substitution of parties.
- If your case requires a deposition (official testimony outside of court), rules 326 through 332 explain details about depositions. These rules tell you what a deposition is, how a deposition shall be conducted and the effect errors or irregularities may have on a deposition.
- Although some civil cases may be resolved through mediation or settlement, many will go to trial. Trials may vary in complexity, requiring a simple judge's decision or a complex jury trial. Rules 338 through 342 explain different types of trials such as a trial to the court or jury, consolidation and separate. Specific trial procedure such as evidence, proof of official record, subpoenas and exceptions are found in rules 343 through 346. Due to the complexity of jury trials, there are strict regulations about how they are conducted such as how jurors are chosen and requirements for jury instructions in rules 347 through 351.1.
- Whether a case is decided by a judge, jury trial or directed verdict, the final decision will result in a judgment. Rules 352 through 362 address the entry of judgment, related costs, default, satisfaction, new trials and amendments, relief, harmless error and stay of proceedings to enforce judgment. There are further explanations regarding judgments in rules 363 through 371, such as disabled judges; injunctions; restraining or emergency orders; deposits; offers; execution and proceedings after judgment; and the process for persons not parties to an action.
Specific court process is discussed in rules 377 through 398. This process includes courts and clerks; records; court reporter; transcripts; jurisdiction; rules; forms; change of judge; and place of trial. - After judgment, some civil case judgments may require the payment of damages through attachments or garnishments, or return of property through writs (written orders). In rules 401 through 407 you will find information about arrest, attachments, garnishment, replevin (repossession), remedial (corrective) writs and contempt sanctions (punishment for not following court orders).
- County court civil procedures that do not fall into any other category are addressed in rules 408 and 410. These rules define affidavits, amendments, use of terms, certificates and counterclaimants.
- After your civil case is concluded, you have the right to appeal (ask the court to reconsider). Rule 411 details the process for appeal including how and when to file a Notice of Appeal, bond requirements, preparation and filing of case records, written briefs and final determination.
If you need more information about county court civil rules or procedures, Colorado Legal Services provides free legal assistance to low-income residents. (Resource 1).
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