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TCL > September 1997 Issue > Court Business

The Colorado Lawyer
September 1997
Vol. 26, No. 9 [Page  143]

© 1997 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

All material from The Colorado Lawyer provided via this World Wide Web server is copyrighted by the Colorado Bar Association. Before accessing any specific article, click here for disclaimer information.

From the Courts
Court Business

Court Business

Colorado Supreme Court Rules Committee

Colorado Rules of Civil Procedure
Chapter 1. Scope of Rules, One Form of Action, Commencement of Action,
Service of Process, Pleadings, Motions and Orders
Amended and Adopted

C.R.C.P. 4. Process is amended as follows:

(a) and (b) [No change]

(c) 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(h)(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.

(d) By Whom Served. Process may be served INSIDE OR OUTSIDE THIS STATE:

(1) Within the state, by the sheriff of the county where the service is made, or by his A deputy, or by any other person over the age of eighteen years, not a party to the action;

(2) At any other place by a sheriff, deputy sheriff, constable, deputy constable, bailiff, deputy bailiff, or other officer having like powers and duties of the political subdivision in which the service is made or an officer authorized by the laws of this state to take acknowledgments in such political subdivision to deeds conveying real estate situate in this state or an attorney, counselor at law, solicitor, advocate, barrister duly qualified to practice law in such political subdivision or a person specially commissioned to serve process by the court in which the action is pending.

(e) Personal Service in State. Personal service within the state shall be as follows:

(1) Upon a natural person over the age of eighteen years by delivering a copy or copies thereof to him personally THE PERSON, or by leaving a copy or copies thereof at his THE PERSON'S dwelling house or usual place of abode, with some ANY PERSON OVER THE AGE OF EIGHTEEN YEARS WHO IS A member of his THE PERSON'S family over the age of eighteen years, or at his THE PERSON'S usual place of business, with his stenographer 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;

(2) Upon a natural person, between the ages of thirteen years and eighteen years, by delivering a copy thereof to such THE person and another copy thereof to his 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 he THE PERSON may be; or with whom he THE PERSON resides, or in whose service he THE PERSON is employed; and upon a natural person under the age of thirteen years by delivering a copy to his 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.

(3) through (5) [No change]

(6) Upon a municipal corporation, by delivering a copy thereof to the mayor, CITY MANAGER, clerk, or deputy clerk of such corporation;

(7) Upon a county, by delivering a copy thereof to the county clerk, or his chief deputy, COUNTY COMMISSIONER, OR DESIGNEE AUTHORIZED TO ACCEPT SERVICE OF PROCESS;

(8) Upon a school district, by delivering a copy thereof to THE SUPERINTENDENT the clerk or one of the directors of such school district OR TO ANY OTHER EMPLOYEE AUTHORIZED TO ACCEPT SERVICE OF PROCESS;

(9) [No change]

(f) [RESERVED] Personal Service Outside the State. Personal service outside the state may be made:

(1) In any action, upon a natural person over the age of eighteen years who is a resident of this state, or who is a nonresident of this state and who has submitted to or has become subject by law to the jurisdiction of the courts of this state, by delivering a copy of the process, together with a copy of the pleading upon which it was issued, to the person served;

(2) In any action, upon a person other than a natural person, who is either domiciled in this state or is domiciled in another state and who has submitted to or has become subject by law to the jurisdiction of the courts of this state, by delivering a copy of the process, together with a copy of the pleading upon which it was issued, in the manner provided by this Rule for personal service in this state upon such person;

(3) In any action affecting specific property or status or in any other proceeding in rem, upon a natural person of any age, without regard to his residence, or upon any other person, without regard to his domicile, by delivering a copy of the pleading and process thereon, in the manner provided by this Rule for personal service in this state upon such person. Service under this section (3) upon a natural person, between the ages of thirteen years and eighteen years, by delivering a copy of said pleading and process to such person and another copy thereof to his father, mother, or guardian, or if there be none in that state, then by delivering a copy thereof to any person in whose care or control he may be, or with whom he resides, or in whose service he is employed, and upon a natural person under the age of thirteen years by delivering a copy to his father, mother, or guardian, wherever, within or without this state, such person may be found;

(4) No provision of this section (f) shall be construed to limit the right to serve process in any other manner authorized by this Rule.

(g) Other Service. Service by mail or publication shall be allowed only in cases ACTIONS affecting specific property or status or other proceedings in rem.

(1) If the person to be served is without the state of Colorado, the party desiring service by mail shall file a motion verified by the oath of such party or of someone in his behalf for an order for service by mail. Such motion shall state the facts showing why such method of service is advisable, and the address of the person to be served. The court may, after hearing the motion ex parte, direct the clerk to send by registered or certified mail a copy of the process and a copy of the complaint, addressed to such person at such address, requesting a return receipt signed by 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

(2) Service by publication may be had on the following parties:

(A) Unknown persons;

(B) Domestic corporations. When such corporation cannot be served because no person can be found upon whom such service can be made;

(C) Foreign corporations. When such corporation has not appointed a registered agent, or when the registered agent appointed cannot be found at the registered office;

(D) Nonresidents of the state; persons who have departed from the state without intention of returning; persons who conceal themselves to avoid service of process; or persons whose whereabouts are unknown and who cannot be served by personal service in the state.

(h) Publication. 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 his 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 within this state and shall give the address, or last known address, of each person to be served or shall state that his 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 within this state or that efforts to obtain the same would have been to no avail, shall: 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.

(1) 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

(2) 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.

(i)(h) Manner of Proof.

(1) If served in a state or territory of the United States by a sheriff OR UNITED STATES MARSHAL, or his A deputy, by his SUCH PERSON'S certificate with a statement as to date, place, and manner of service;

(2) If by any other person, by his THE PERSON'S affidavit thereof, with the same statement;

(3) If by mail, by the certificate of the clerk showing the date of the mailing, and the date he THE CLERK received the return receipt;

(4) 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;

(5) By the written admission or waiver of service by the person or persons to be served, duly acknowledged.

(i) 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.

(j) 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.

(k) Refusal of Copy. If the A person to be served refuses to accept a copy of the process, service shall be sufficient if the person serving the same shall state the name of the process and offer to deliver a copy thereof 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.

Amended and Adopted by the Court, En Banc, April 30, 1997, effective July 1, 1997.

By the Court:

Gregory J. Hobbs, Jr.
Justice, Colorado Supreme Court

© 1997 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved. Material from The Colorado Lawyer provided via this World Wide Web server is protected by the copyright laws of the United States and may not be reproduced in any way or medium without permission. This material also is subject to the disclaimers at http://www.cobar.org/tcl/disclaimer.cfm?year=1997.


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