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Colorado
Process Serving Laws
(Rules of Civil Procedure in the
United States)
Quick Answers:
Who can be a process server in
Colorado?
Any adult over the age of eighteen
(18) years old, that is not a party
to the case, or a member of a
corporation or organization that is
a party, may serve (deliver) the
papers.
Does Colorado require process
servers to be licensed?
No.
Are there any day or time restrictions to
service of process in Colorado?
No.
Colorado Rules of Civil Procedure
are from
CivilProcedure.info
Federal Rules of Civil Procedure
site
Because the laws of process service
may change from time to time, please
check the
Colorado Courts website for
updated rules of civil procedure in
Colorado.
Rules of Civil
Procedure in Colorado:
Rule 4.
Process.
To What
Applicable.
This Rule applies to all process
except as otherwise provided by
these rules.
Issuance of
Summons by Attorney or Clerk.
The summons may be signed and
issued by the clerk, under the seal
of the court, or it may be signed
and issued by the attorney for the
plaintiff. Separate additional or
amended summons may issue against
any defendant at any time.
All
other process shall be issued by the
clerk, except as otherwise provided
in these rules.
Contents of
Summons.
The summons shall contain the
name of the court, the county in
which the action is brought, the
names or designation of the parties,
shall be directed to the defendant,
shall state the time within which
the defendant is required to appear
and defend against the claims of the
complaint, and shall notify him that
in case of his failure to do so,
judgment by default may be rendered
against him. If the summons is
served by publication, the summons
shall briefly state the sum of money
or other relief demanded.
The summons shall in the
signature element thereof, contain
the name, address, and registration
number of the plaintiff's attorney,
if any, and if not, the address of
the plaintiff. Except in case of
service by publication under Rule
4(g) or when otherwise ordered by
the court, the complaint shall be
served with the summons, and in all
other cases service of a summons
alone after the effective date of
this amended rule shall not
constitute service of process. In
any case, where by special order
personal service of summons is
allowed without the complaint, a
copy of the order shall be served
with the summons.
By Whom Served.
Process may be served inside or
outside this state by the sheriff of
the county where the service is
made, or by a deputy, or by any
other person over the age of
eighteen
years, not a party to the action;
Personal Service.
Personal service shall be as
follows:
- Upon a natural person over
the age of eighteen years by
delivering a copy or copies
thereof to the person, or by
leaving a copy or copies thereof
at the person's usual place of
abode, with any person over the
age of eighteen years who is a
member of the person's family,
or at the person's usual place
of business, with the person's
secretary, bookkeeper, manager,
or chief clerk; or by delivering
a copy to an agent authorized by
appointment or by law to receive
service of process;
- Upon a natural person,
between the ages of thirteen
years and eighteen years, by
delivering a copy thereof to the
person and another copy thereof
to the person's father, mother,
or guardian, or if there be none
in the state, then by delivering
a copy thereof to any person in
whose care or control the person
may be; or with whom the person
resides, or in whose service the
person is employed; and upon a
natural person under the age of
thirteen years by delivering a
copy to the person's father,
mother, or guardian, or if there
be none in the state, then by
delivering a copy thereof to the
person in whose care or control
the person may be.
- Upon a person for whom a
conservator has been appointed,
by delivering a copy thereof to
such conservator;
- Upon a partnership, or other
unincorporated association, by
delivering a copy thereof to one
or more of the partners or
associates, or a managing or
general agent thereof;
- Upon a private corporation,
by delivering a copy thereof to
any officer, manager, general
agent, or registered agent. If
no such officer or agent can be
found in the county in which the
action is brought, such copy may
be delivered to any stockholder,
agent, member, or principal
employee found in such county.
If such service is upon a person
other than an executive officer,
the secretary, general agent, or
registered agent, then the clerk
shall mail a copy thereof to the
corporation at its last known
address, at least twenty days
before default is entered;
- Upon a municipal
corporation, by delivering a
copy thereof to the mayor, city
manager, clerk, or deputy clerk
of such corporation;
- Upon a county, by delivering
a copy thereof to the county
clerk, chief deputy,
county
commissioner, or designee
authorized to accept service of
process;
- Upon a school district, by
delivering a copy thereof to the
superintendent or to any other
employee authorized to accept
service of process;
- Upon the state by delivering
a copy thereof to the attorney
general, or to any employee in
his office designated by him to
accept service of process;
- Upon an officer, agent, or
employee of the state, acting in
his official capacity, by
delivering a copy thereof to the
officer, agent, or employee, and
by delivering a copy to the
attorney general, or to any
employee in his office
designated by him to accept
service of process.
- Upon a department or agency
of the state, subject to suit,
by delivering a copy thereof to
the principal officer, chief
clerk, or other executive
employee thereof, and by
delivering a copy to the
attorney general, or any
employee in his office
designated by him to accept
service of process.
- For all purposes the date of
service upon the officer, agent,
employee, department, or agency
shall control, except that
failure to serve copies upon the
attorney general within three
days of service upon the
officer, agent, employee,
department, or agency shall
extend the time within which the
officer, agent, employee,
department, or agency must file
a responsive pleading for sixty
days beyond the time
otherwise
provided by these Rules.
Other Service.
Service by mail or publication
shall be allowed only in actions
affecting specific property or
status or other proceedings in rem.
The party desiring service of
process by publication or mail shall
file a motion verified by the oath
of such party or of someone in the
party's behalf for an order of
service by mail or publication.
It shall state the facts authorizing
such service, and shall show the
efforts, if any, that have been made
to obtain personal service and shall
give the address, or last known
address, of each person to be served
or shall state that the address and
last known address are unknown. The
court shall hear the motion ex parte
and, if satisfied that due diligence
has been used to obtain personal
service or that efforts to obtain
the same would have been to no
avail, shall:
- Order the clerk to send by
registered or certified mail a
copy of the process addressed to
such person at such address,
requesting a return receipt
signed by the addressee only.
Such service shall be complete
on the date of the filing of the
clerk's proof thereof, together
with such return receipt
attached thereto signed by such
addressee, or
- Order publication of the
process in a newspaper published
in the county in which the
action is pending. Such
publication shall be made for
four weeks. Within fifteen days
after the order the clerk shall
mail a copy of the process to
each person whose address or
last known address has been
stated in the motion. Service
shall be complete on the day of
the last publication. If no
newspaper
is
published in the county, the
court shall designate one in
some adjoining county.
Manner of Proof.
- If served in a state or
territory of the United States
by a sheriff or United States
marshal, or a deputy, by such
person's certificate with a
statement as to date, place, and
manner of service;
- If by any other person, by
the person's affidavit thereof,
with the same statement;
- If by mail, by the
certificate of the clerk showing
the date of the mailing, and the
date the clerk received the
return receipt;
- If by publication, by the
affidavit of publication,
together with the certificate of
the clerk as to the mailing of
copy of the process where
required;
- By the written admission or
waiver of service by the person
or persons to be served, duly
acknowledged.
Waiver of Service
of Summons.
A defendant who waives service of
a summons does not thereby waive any
objection to the venue or to the
jurisdiction of the court over the
person of the defendant.
Amendment.
At any time in its discretion and
upon such terms as it deems just,
the court may allow any process or
proof of service thereof to be
amended, unless it clearly appears
that
material
prejudice would result to the
substantial rights of the party
against whom the process is issued.
Refusal of Copy.
If a person to be served refuses
to accept a copy of the process,
service shall be sufficient if the
person serving the process knows or
has reason to identify the person
who refuses to be served, identifies
the documents being served and
offers to deliver a copy of the
documents to the person who refuses
to be served.
Rule 5.
Service and Filing of Pleadings and
Other Papers
Service: When
Required.
Except as otherwise provided in
these rules, every order required by
its terms to be served, every
pleading subsequent to the original
complaint unless the court otherwise
orders because of numerous
defendants, every paper relating to
discovery required to be served upon
a party unless the court otherwise
orders, every written motion other
than one which may be heard ex
parte, and every written notice,
appearance, demand, offer of
judgment, designation of record on
appeal, and similar paper shall be
served upon each of the parties. No
service need be made on parties in
default for failure to appear except
that pleadings asserting new or
additional claims for relief
against
them shall be served upon them in
the manner provided for service of
summons in Rule 4.
Service: How
Made.
Whenever under these rules
service is required or permitted to
be made upon a party represented by
an attorney the service shall be
made upon the attorney unless
personal service upon the party is
ordered by the court. A resident
attorney, on whom pleadings and
other papers may be served, shall be
associated as attorney of record
with any foreign attorney practicing
in any courts of this state. Service
upon the attorney or upon a party
shall be made by delivering a copy
to the attorney or by mailing it to
him at his address as given in the
pleadings or by sending it via
facsimile machine transmission to a
facsimile number if one is
designated in the pleadings, or if
no pleading has been filed, or no
address is given therein, then at
his last known address or, if no
address is known, by leaving it with
the clerk of the court. Delivery of
a copy within this Rule means:
Handing it to the attorney or to the
party; or leaving it at his office
with the attorney's clerk or other
person in charge thereof; or, if
there is no one in charge, leaving
it in a conspicuous place therein;
or, if the office is closed or the
person to be served has no office,
leaving it at the person's dwelling
house or usual place of abode with
some member of the family over the
age of eighteen years then residing
therein. Service by mail is complete
upon mailing.
Service: Numerous
Defendants.
In any action in which there are
unusually large numbers of
defendants, the court, upon motion
or of its own initiative, may order
that service of the pleadings of the
defendants and replies thereto need
not be made as between the
defendants and that any cross claim,
counterclaim, or matter constituting
an avoidance or affirmative defense
contained therein shall be deemed to
be denied or avoided by all other
parties and that the filing of any
such pleading and service thereof
upon the plaintiff constitutes due
notice of it to the
parties.
A copy of every such order shall be
served upon the parties in such
manner and form as the court
directs.
Filing and
Serving.
Interrogatories, answers thereto,
requests for admission, responses
thereto, requests for production,
responses thereto, and depositions
shall not be filed until they are
used in court proceedings. In all
cases where these rules do not
expressly require the filing and
service of a paper, subsequent to
the original complaint, and the
filing of a paper alone is provided
for, a copy of such paper so filed
shall be served upon the adverse
party contemporaneously with the
filing of such paper, and where the
service alone of any paper is
required it shall be filed either
before service or within a
reasonable time thereafter. All
papers after the complaint which are
required to be served upon a party
shall contain a certificate of
service.
Filing with Court
Defined.
The filing of pleadings and other
papers with the court as required by
these rules shall be made by filing
them with the clerk of the court,
except that the judge may permit the
papers to be filed with the judge,
in which event the judge shall note
thereon the filing date and
forthwith transmit them to the
office of the clerk. The clerk shall
not refuse to accept any paper
presented for filing solely because
it is not
presented
in proper form as required by these
rules or any local rules or
practices.
Rule 45.
Subpoena
For Attendance of
Witnesses; Form; Issue.
Subpoenas may be issued under
Rule 45 only to compel attendance of
witnesses, with or without
documentary evidence, at a
deposition, hearing or trial. Every
subpoena shall state the name of the
court, and the title of the action,
and shall command each person to
whom it is directed to attend and
give testimony at a time and place
therein specified.
For Production of
Documentary Evidence.
A subpoena may also command the
person to whom it is directed to
produce the books, papers,
documents, or tangible things
designated therein; but the court,
upon motion made promptly and in any
event at or before the time
specified in the subpoena for
compliance therewith, may:
- Quash or modify the subpoena
if it is unreasonable and
oppressive; or
- condition denial of the
motion upon the advancement by
the person in whose behalf the
subpoena is issued of the
reasonable cost
of
producing the books, papers,
documents, or tangible things.
Service.
Service of a subpoena upon a
person named therein shall be made
by delivering a copy thereof to such
person and by tendering to such
person the fees for one day's
attendance and the mileage allowed
by law. Service is also valid if the
person named in the subpoena has
signed a written admission or waiver
of personal service. When the
subpoena is issued on behalf of the
state of Colorado, or an officer or
agency thereof, fees and mileage
need not be tendered. Proof of
service shall be made as in Rule
4(h). Unless otherwise ordered by
the court for good cause shown, such
subpoena shall be served no later
than forty-eight hours before the
time for appearance set out in said
subpoena. The party issuing or
causing the issuance of the subpoena
pursuant to this rule, except in
post-judgment proceedings, shall
serve a copy of the subpoena
(including a complete list of
documents and things requested to be
provided pursuant to the subpoena)
upon all parties of record,
including pro se parties, in the
manner prescribed by C.R.C.P. 5 (b).
Service on the other parties shall
be made promptly after the service
of the subpoena upon the person
named therein. Original subpoenas
and returns of service of such
subpoenas need not be filed with the
court.
Subpoena for
Taking Depositions; Place of
Examination.
- A Deposition subpoena, upon
notice to all parties to the
action, may require the
production of documentary
evidence which is within the
scope of discovery permitted by
Rule 26. Any party, the person
to whom a deposition subpoena is
directed, or any other person
claiming an interest in the
documents affected, may move for
a protective order under Rule
26, in addition to any other
remedy available under Rule 45.
The person to whom the subpoena
is directed may, within ten days
after the service thereof or on
or before the time specified in
the subpoena for compliance if
such time is less than ten days
after service, serve upon the
attorney designated in the
subpoena written objection to
inspection or copying of any or
all of the designated materials.
If objection is made, the party
serving the subpoena is not
entitled to inspect and copy the
materials except pursuant to an
order of the court from which
the subpoena was issued.
- A resident of this state may
be required by subpoena to
attend an examination upon
deposition only in the county
wherein he resides or is
employed or transacts his
business in person, or at such
other convenient place as is
fixed by an order of court. A
nonresident of this state may be
required by subpoena to attend
only within forty miles from the
place of service or in the
county wherein he resides or is
employed
or transacts his business in
person or at such other
convenient place as is fixed by
an order of court.
Subpoena for
Deposition, Hearing or Trial.
Subpoenas for attendance at a
deposition, hearing or trial shall
be issued either by the clerk of the
court in which the case is docketed,
or by one of counsel whose
appearance has been entered in the
particular case in which the
subpoena is sought. A subpoena
requiring the attendance of a
witness at a deposition, hearing or
trial may be served any place within
the state.
Subpoena in Aid
of Execution or Proceedings
Subsequent to Judgment.
Every subpoena or subpoena to
produce issued in accordance with
post-judgment proceedings of C.R.C.P.
69 shall comply with the provisions
for service, attendance, production
of documentary evidence and
depositions required by this Rule
45. Written interrogatories pursuant
to C.R.C.P. 69 shall be personally
served on the judgment debtor
in accordance with the requirements
of, and in the manner provided for
service of a subpoena under this
Rule 45.
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server in your area, county, or
state if you have any questions
about process service there.
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