INFORMATION AND CHECK-LIST FOR PRO SE LITIGANT - CO …



INFORMATION FOR PRO SE LITIGANT

(PERSON FILING WITHOUT AN ATTORNEY)

You have a right to represent yourself (appear “pro se”) in any kind of legal case (with some exceptions for closely held corporations). You are responsible for knowing AND understanding the Colorado Rules of Civil Procedure (CRCP) and all applicable laws and statutes, just as attorneys are. If you do not follow the rules that apply in your case, you are subject to the same consequences as attorneys. Your case can be outright dismissed, you can be fined, you may have to pay the other person’s attorney, or you can be found in contempt of court.

Before you decide to represent yourself, ask yourself whether it wouldn’t be a better use of your time and money to consult with or hire an attorney who knows the law and can give you advice about what to do, how to do it, and what your chances are of getting what you want.

You must perform all of your own legal research to determine all the other rules, laws, and statutes that apply to your situation. If you are unable to do so or require legal advice or assistance, it is your responsibility to hire an attorney. The court cannot recommend specific attorneys or law firms. You can consult the yellow pages, a legal resources directory, or the local bar association for a list of attorneys who practice in the area of law specific to your needs.

Jurisdiction of the County and District Court

❖ District Courts hear civil cases in any amount, as well as domestic relations, criminal, juvenile, probate, and mental health cases. District court decisions may be appealed to the Colorado Court of Appeals (in some cases directly to the Colorado Supreme Court).

❖ County Courts handle civil cases under $15,000 that involve Money, Evictions, Foreclosures, Replevin, Injunctive Relief for Breach of Restrictive Covenants (HOA), and name changes; and Criminal cases that involve misdemeanors, traffic infractions, felony complaints (which may be sent to district court), protection orders, and small claims. County court decisions may be appealed to the district court.

❖ Small Claims The small claims court is a “court of limited jurisdiction.” The court cannot award more than $7,500 even if your claim is worth more. There is a Small Claims Handbook available on the State Judicial Website:



❖ Filing Fees for each court can be found at the State Judicial Website:



The following guidelines and citations refer to specific rules within the Colorado Rules of Civil Procedure (CRCP) or the Colorado Revised Statutes (CRS), but this list is NOT all-inclusive.

Commencement of Action

(Per Rule 3 CRCP) A civil action is commenced (1) by filing a complaint with the court, or (2) by service of a summons and complaint. As only an attorney or the Court can issue a summons, only attorneys can start a case by serving a summons and complaint.

❖ Filing Fee

Per Colorado Revised Statute §13-32-101, at the time of first appearance (first filing) in all civil actions [with some exceptions] there shall be paid in advance the total docket fees, as listed.

❖ Form of Complaint

There is no generic Complaint form available at the District Civil level. Appendix A of Rule 10 CRCP provides limited examples of the form of many Civil Complaints.

❖ General Rules of Pleading

(Per Rule 8 CRCP) A pleading which sets forth a claim for relief shall contain: (1) If the court is of limited jurisdiction, a short and plain statement of the grounds upon which the court’s jurisdiction depends; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for judgment for the relief to which the pleader claims to be entitled.

❖ Civil Case Cover Sheet

(Per 16.1 CRCP) Each pleading containing an initial claim for relief in a District Civil action, shall be accompanied by a completed Civil Cover Sheet JDF 601 at the time of filing.

❖ Signing of Pleadings

(Per Rule 11 CRCP) A party who is not represented by an attorney shall sign his pleadings and state his address. Except when otherwise specifically provided by rule or statute, pleadings need not be verified (notarized) or accompanied by affidavit.

❖ Form and Quality of Pleadings, Motions and Other Documents

(Per Rule 10 CRCP) Every pleading, motion, or any other document filed with the court shall contain a caption setting for the name of the court, the title of the action, the case number, if known to the person signing it, the name of the document in accordance with Rule 7(a) CRCP, and the other applicable information in the format specified by paragraph (d) and the captions illustrated by paragraph (e) or (f) of this rule.

| Small Claims County Court District Court | |

|Probate Court Juvenile Court Water Court | |

|      County, Colorado | |

|Court Address:       | |

| | |

|[Insert appropriate party designations & names] | |

|      | |

|      | |

|      | |

|      | |

|      | |

|      | |

|Attorney or Party Without Attorney: (Name & Address) | |

|      |Case Number:       |

|      | |

|      | |

|Phone Number:       | |

|FAX Number:       |Div.:      Ctrm:       |

|E-mail:       | |

|Atty. Reg. #:       | |

|Name of Document |

❖ Issuance of Summons

(Per Rule 4(b) CRCP) Only an attorney or a clerk of the court may issue a summons. Therefore, if you are proceeding without an attorney, you may commence your civil action under part (1) by filing a complaint with the court. You must prepare the Summons(es) for the Clerk to Issue so you can properly serve the other party(ies) under Rule 4 CRCP.

❖ Process

(Per Rule 4 CRCP) Unless ordered by the Court, or otherwise stated in the rules, Process shall be accomplished by personal service of the Issued Summons and Complaint.

❖ Sealing of Arrest and/or Criminal Record

CRS §24-72-308

❖ Sealing of Criminal Conviction Records

CRS §24-72-308.5

❖ Garnishment

Rule 103 CRCP

❖ Replevin

Rule 104 CRCP

❖ Actions Concerning Real Estate, Including Mechanic’s Liens

Rule 105 CRCP

❖ Spurious Lien or Document

Rule 105.1 CRCP

❖ Mechanic’s Liens

CRS TITLE 38 PROPERTY - REAL AND PERSONAL LIENS

ARTICLE 22 GENERAL MECHANICS' LIEN

❖ Forms of Writs Abolished: Habeas Corpus, Mandamus, and Other Remedial Writs in the District Court

Rule 106 CRCP

❖ Correctional Facility Quasi-Judical Hearing Review

Rule 106.5 CRCP

❖ Review of Agency Decision, e.g. DMV

Complaint for Judicial Review Pursuant to §24-4-106, CRS

❖ Foreclosure

Rule 120 CRCP Orders Authorizing Sale Under Powers

Defenses and Objections (to Complaints, Petitions, Cross-Claims, and Counter-Claims)

Rule 12 of the Colorado Rules of Civil Procedure details Defenses and Objections -- When and How Presented -- by Pleading or Motion -- Motion for Judgment on Pleadings

Answers to Rule 120 Motion for Order Authorizing Sale (Foreclosure Proceedings)

Rule 120 CRCP Section (c): c) Response; Contents; Filing and Service; Section (d): Hearing; Scope of Issues; Order; Effect; AND Section (e): Hearing Dispensed with if no Response Filed.

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COURT USE ONLY

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