Colorado Civil Motion Practice: Rules, Deadlines, and Procedures

Jurisdiction: Colorado

Colorado Civil Motion Practice: A Comprehensive Guide

Civil motion practice in Colorado District Courts is governed by the Colorado Rules of Civil Procedure (C.R.C.P.), which closely parallel the Federal Rules of Civil Procedure but contain important distinctions. Understanding these rules is essential for effective litigation in Colorado state courts.

General Motion Requirements and Filing Procedures

All motions in Colorado District Court must comply with the structural and notice requirements set forth in C.R.C.P. 6 and C.R.C.P. 7.

Components of a Motion Package

A properly filed motion typically includes:

Notice of Motion (identifying the motion and requested relief)

Memorandum of Law or Brief in Support (C.R.C.P. 7(b))

Supporting declarations or affidavits (sworn evidence)

Proposed Order (for the judge to sign)

Exhibits referenced in the motion materials

C.R.C.P. 7(b)(1) requires that a party filing a motion must include a memorandum of law containing citations to authority unless the court orders otherwise. This is a stricter requirement than federal practice and distinguishes Colorado from many jurisdictions.

Notice Requirements

C.R.C.P. 6(a) and 6(d) establish timing for motions:

A party must serve the motion on all other parties at least five days before the hearing (or longer if prescribed by court order, statute, or rule)

When calculating time periods, do not count the day the motion is served, but do count intermediate Saturdays, Sundays, and legal holidays

Service may be by email, personal delivery, mail, or other permitted methods under C.R.C.P. 5

Page and Word Limits

Colorado permits memoranda of law up to 20 pages for the motion and 10 pages for the reply (excluding exhibits, certifications, and signature blocks). Some Colorado county-level local rules impose stricter limits. Always check your specific district's standing orders and local rules before filing.

Motion to Dismiss for Failure to State a Claim

C.R.C.P. 12(b)(6) governs motions to dismiss for failure to state a claim upon which relief can be granted. Colorado follows a notice pleading standard, similar to the federal rule under Twombly and Iqbal.

Colorado's Pleading Standard

Colorado adopts the plausibility standard. A complaint must contain enough facts to raise a reasonable expectation that discovery will reveal evidence supporting the claim. The complaint need not contain detailed factual allegations, but mere labels, conclusions, or formulaic recitations are insufficient.

Standards for Granting

When reviewing a motion to dismiss under C.R.C.P. 12(b)(6):

The court accepts all well-pleaded factual allegations as true

The court draws all reasonable inferences in favor of the non-moving party

The court may consider documents attached to the complaint or referenced in it

Legal conclusions are not accepted as true

Procedural Requirements

A motion to dismiss must be raised before or with the answer (C.R.C.P. 12(b))

If not raised in a pre-answer motion, the defense is waived unless included in the answer

A response to a 12(b)(6) motion is not required unless the court directs otherwise

The moving party bears the burden of demonstrating that the plaintiff's allegations are legally insufficient

Motion for Summary Judgment

C.R.C.P. 56 governs summary judgment in Colorado District Court. This is one of the most frequently used dispositive motions in practice.

Timing and Deadlines

Summary judgment motions must be filed at least 21 days before trial unless the court orders otherwise (C.R.C.P. 56(a))

Courts have discretion to permit late-filed motions, but typically only for good cause

Early filing is encouraged to allow time for adequate briefing and potential resolution

The Colorado Standard

The moving party must show that there is no genuine dispute of material fact and that it is entitled to judgment as a matter of law. The burden on the moving party is to demonstrate the absence of a genuine issue of material fact. Once met, the burden shifts to the non-moving party to establish the existence of a triable issue.

Burden of Proof and Evidence

The moving party may support the motion with pleadings, affidavits, depositions, answers to interrogatories, admissions, or other materials (C.R.C.P. 56(c))

Affidavits must be made on personal knowledge and must set forth facts that would be admissible in evidence

The non-moving party must respond with specific evidence showing a triable issue exists

Conclusory statements and unsupported assertions are insufficient

Partial Summary Judgment

Colorado courts regularly grant summary judgment on specific claims or issues while allowing others to proceed to trial. C.R.C.P. 56(a) permits entry of summary judgment on one or more claims, and partial summary judgment is appropriate when certain elements are undisputed.

Motion for Judgment on the Pleadings

C.R.C.P. 12(c) permits a motion for judgment on the pleadings after the pleadings are closed but before trial. This motion is similar to a motion to dismiss but may be filed after the answer.

When to File

The motion may be filed by either party after responsive pleadings are complete

It is useful when a defense or counterclaim is clearly defeated by the face of the pleadings

Standard

The court reviews only the pleadings themselves and accepts all well-pleaded factual allegations as true. Like a 12(b)(6) motion, legal conclusions are not accepted as true.

Motion to Compel Discovery

C.R.C.P. 37(a) establishes the procedure for compelling discovery responses. Before filing a motion to compel, a party must make a good-faith effort to resolve the dispute.

Meet-and-Confer Requirement

C.R.C.P. 37(a)(1) requires that the moving party certify that it has in good faith conferred or attempted to confer with the party failing to make disclosure or provide the requested information. This requirement is mandatory and strictly enforced. Many judges will dismiss a motion to compel that lacks proper certification.

Filing Procedure

The motion must include a certification of the meet-and-confer effort

Attach a copy of the discovery request and any response (or lack thereof)

Include the basis for the motion (e.g., incomplete response, improper objection, refusal to answer)

Fee-Shifting and Sanctions

If the motion to compel is granted:

The court shall award the movant the costs of the motion, including attorney fees, unless (1) the movant failed to attempt in good faith to obtain disclosure, (2) the party failing to disclose had substantial justification, or (3) other circumstances make an award unjust (C.R.C.P. 37(a)(5))

If a party still fails to comply after a motion to compel is granted, the court may impose sanctions under C.R.C.P. 37(b)

Motion in Limine

C.R.C.P. 6(c) addresses motions in limine, which are pretrial motions to exclude evidence at trial.

Filing and Timing

Motions in limine should be filed at least 10-14 days before trial (check local rules for specific deadlines)

Some courts hold in limine hearings several days before trial; others address them on the trial date

File a proposed order with your motion

Common Topics

Prior bad acts and character evidence: Generally inadmissible under Colorado Rules of Evidence (C.R.E.) 404 and 405, except for specific purposes (notice, motive, absence of mistake, common scheme, identity)

Insurance: Evidence of liability insurance is inadmissible to prove negligence or ability to pay under C.R.E. 411; however, insurance may be relevant to impeach credibility

Settlement discussions and offers: Communications made in compromise negotiations are inadmissible under C.R.E. 408

Plaintiff's financial status: Generally inadmissible to show ability to pay damages

Emotional appeals and inflammatory language: Subject to exclusion under C.R.E. 403 (probative value substantially outweighed by danger of unfair prejudice)

Expert qualifications and daubert issues: Addresses admissibility of expert testimony under C.R.E. 702

Motion for Default Judgment

When a defendant fails to respond to the complaint, the plaintiff may seek a default judgment under C.R.C.P. 55.

Procedure for Default

File a motion for entry of default with the clerk (C.R.C.P. 55(a))

The clerk enters default once the defendant has failed to plead or otherwise respond within the required time

Default is not a judgment; it is a precondition to obtaining judgment

Motion for Default Judgment

After default is entered:

File a motion for default judgment under C.R.C.P. 55(b)

The court may hear the motion on shortened notice (often 2-3 days)

If a default judgment involves a liquidated (clearly calculable) amount, the court often grants it without a hearing

If the amount is unliquidated, the court typically holds a hearing to determine damages

Proving Damages

For unliquidated claims:

The plaintiff must present evidence of damages (affidavit, testimony, documentation)

The defendant's default admits well-pleaded facts but does not admit conclusions

The court must determine that the amount claimed is reasonable and supported by the evidence

Avoiding and Setting Aside Default

A defendant may avoid default by filing a response before default is entered

If default has been entered, C.R.C.P. 55(c) permits the court to set aside default for good cause, generally within a reasonable time if the defendant shows a meritorious defense

Default judgments are disfavored and courts prefer resolving disputes on the merits

Motion to Amend Complaint

C.R.C.P. 15(a) permits amendment of pleadings.

Leave to Amend Standard

A party may amend once as a matter of right within 20 days after service of a responsive pleading (or within 20 days of service if no responsive pleading is served and the action has not been placed on the trial calendar)

After this period, a party must obtain leave of court

C.R.C.P. 15(a) requires that leave be "freely given when justice so requires"

Colorado courts apply this permissive standard and generally allow amendments unless there is an abuse of discretion, unfair prejudice, or undue delay

Relation Back Doctrine

C.R.C.P. 15(c) addresses relation back of amendments:

An amendment relates back to the original pleading when the law that provides the applicable statute of limitations allows relation back

For claims arising from the same conduct, transaction, or occurrence, relation back is typically permitted

Amendments adding new parties may relate back if the new party received notice and the claim arises from the same transaction

Temporary Restraining Orders and Preliminary Injunctions

C.R.C.P. 65 governs injunctive relief, including temporary restraining orders (TROs) and preliminary injunctions.

Four-Part Test

To obtain a TRO or preliminary injunction, the moving party must establish:

1. Likelihood of Success on the Merits: The plaintiff must demonstrate a substantial likelihood of prevailing on the underlying claim. The plaintiff need not prove the case; a reasonable probability is sufficient.

2. Irreparable Harm: The plaintiff must show that monetary damages are inadequate and that granting the injunction will prevent injury that cannot be fully compensated by an award of money damages.

3. Balance of Equities: The court weighs the harm to the plaintiff from denying the injunction against the harm to the defendant from granting it. The greater the balance in plaintiff's favor, the stronger the case for relief.

4. Public Interest: The court considers whether the public interest is served by granting the injunction.

Temporary Restraining Orders

A TRO may be issued without notice to the other party if the moving party can show that irreparable harm will occur before notice can be given

A TRO issued without notice expires after 14 days unless extended

The court must immediately notify the adverse party of an ex parte TRO

A TRO may be extended once for an additional 14 days if good cause is shown

Preliminary Injunctions

A preliminary injunction may issue after a hearing on notice (or after notice and opportunity to be heard)

A preliminary injunction remains in effect until final judgment or until lifted by the court

The moving party typically must post a bond, though the court may waive or reduce the bond amount

Motion to Change Venue or Transfer

C.R.C.P. 98 and Colorado Statute § 13-10-104 govern venue and transfer of venue.

When Venue May Be Changed

A defendant may move to change venue if:

The county is not a proper venue under § 13-10-104

There is reason to believe that impartial trial cannot be obtained in the county

Local prejudice exists making fair trial unlikely

The convenience of parties and witnesses and the interests of justice would be served

Procedure

The motion must be filed before or with the answer (or the defendant risks waiving the objection under C.R.C.P. 12)

The defendant may request transfer to a county where venue is proper

The burden is on the defendant to establish grounds for transfer

Standards for Discretionary Transfer

Even when venue is proper, the court may transfer for:

Convenience of the parties and witnesses

The interests of justice

Balance of local prejudice concerns

Motion to Consolidate or Sever

C.R.C.P. 42 governs consolidation and severance of claims and parties.

Consolidation

C.R.C.P. 42(a) permits the court to consolidate cases involving common questions of law or fact. This promotes judicial efficiency and may be done on motion or the court's own initiative.

Severance

C.R.C.P. 42(b) permits severance of claims or parties when:

Convenience and fairness require separate trials

Jury instructions would be complex or confusing

Prejudice would result from joinder

Separate trials would promote judicial economy

Motion for Continuance

While not explicitly codified in a single C.R.C.P. rule, continuances are governed by C.R.C.P. 40 and local rules.

Standards for Granting

A party seeking to continue a hearing or trial must show good cause. Courts consider:

Whether a continuance was requested promptly

The number of prior continuances

Whether the moving party is ready or claims need for additional time

The impact on other parties, witnesses, and court resources

The complexity of the case

Procedure

Early requests for continuance are more favorably received

Agreements to continue by both parties often receive approval

Late-filed continuance requests must show exceptional circumstances

Some judges require certification that the requesting attorney contacted all parties before filing

Motion for New Trial

C.R.C.P. 59(a) permits a party to move for a new trial within 10 days after entry of judgment (or within 10 days of the trial date if judgment has not yet been entered).

Grounds for New Trial

Colorado recognizes the following grounds for a new trial:

Newly discovered evidence that could not have been discovered with due diligence before trial

Error in instruction or procedure during trial

Jury misconduct

Excessive or inadequate damages

Verdict contrary to the weight of evidence (in judge's discretion)

Surprise or fraud

Burden and Standard

The moving party bears the burden of establishing grounds for relief

The trial judge has broad discretion in deciding whether to grant a new trial

A new trial should be granted when justice requires, but is not automatic

Partial New Trials

The court may grant a new trial on some issues or claims while upholding judgment on others.

Motion for Judgment as a Matter of Law (JNOV)

C.R.C.P. 50 governs judgment as a matter of law, which is Colorado's equivalent to the federal judgment notwithstanding the verdict (JNOV).

Timing for C.R.C.P. 50 Motions

A party may move for judgment as a matter of law before the case is submitted to the jury (at the close of the opposing party's case or at the close of all evidence)

A post-trial motion for judgment as a matter of law must be filed within 10 days after entry of judgment (C.R.C.P. 50(b))