Court Business

• Publication year: 1997
• Pages: 123
• Citation: Vol. 26 No. 3 Pg. 123

26 Colo.Law. 123 Colorado Lawyer 1997.

1997, March, Pg. 123. Court Business

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123

Vol. 26, No. 3, Pg. 123

The Colorado Lawyer
March 1997
Vol. 26, No. 3 [Page 123]

From the Courts
Court Business
Court Business

Proposed Amendments to the
Colorado Rules of Civil Procedure
Hearing to be held Wednesday, April 30, 1997, at 1:30 p.m

NOTICE

The Civil Rules Committee has requested the Colorado Supreme Court to adopt proposed amendments to Rule 4 of the Colorado Rules of Civil Procedure and to adopt Form 1.2, as set forth below. The Supreme Court will conduct a hearing on the proposed amendments on Wednesday, April 30, 1997, at 1:30 p.m. in the Colorado Supreme Court Courtroom, 2 E. 14th Ave Denver, Colorado. Written comments to the court concerning proposals should be submitted to: Mac V. Danford, Clerk of the Supreme Court, no later than Friday, April 18, 1997 Persons wishing to participate in the hearing should so notify Mr. Danford no later than April 18, 1997.

Proposed Rule Change
COLORADO RULES OF CIVIL PROCEDURE
CHAPTER 1. SCOPE OF RULES, ONE FORM OF ACTION, COMMENCEMENT OF ACTION,
SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS

C.R.C.P. 4. Process.

(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{STRIKE}(h){/STRIKE}(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{STRIKE}:

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

{STRIKE}

(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 acknowledgements 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.

{/STRIKE}

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

(1) Upon a natural person over the age of eighteen years by delivering a copy or copies thereof to {STRIKE}him personally{/STRIKE} THE PERSON, or by leaving a copy or copies thereof at {STRIKE}his {/STRIKE}THE PERSON'S {STRIKE}dwelling house or{/STRIKE} usual place of abode, with {STRIKE}some{/STRIKE} ANY PERSON OVER THE AGE OF EIGHTEEN YEARS WHO IS A member of {STRIKE}his{/STRIKE} THE PERSON'S family {STRIKE}over the age of eighteen years{/STRIKE}, or at {STRIKE}his{/STRIKE} THE PERSON'S usual place of business, with {STRIKE}his stenographer{/STRIKE} THE PERSON'S SECRETARY, bookkeeper, 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, {STRIKE}between the ages of thirteen years and{/STRIKE} UNDER THE AGE OF eighteen years, by delivering a copy thereof to {STRIKE}such{/STRIKE} THE person and another copy thereof to {STRIKE}his{/STRIKE} 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 {STRIKE}he{/STRIKE} THE PERSON may be; or with whom {STRIKE}he{/STRIKE} THE PERSON resides, or in whose service {STRIKE}he{/STRIKE} THE PERSON is employed; {STRIKE}and upon a natural person under the age of thirteen years by delivering a copy to his father, mother, or guardian;

{/STRIKE}

(3) through (10) [No change]

(f) [RESERVED] {STRIKE}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.

{/STRIKE}

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

{STRIKE}

(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...