Chapter 12 - § 12.7 • COMMENCING THE ACTION

• Jurisdiction: Colorado

§ 12.7 • COMMENCING THE ACTION

A QTA is commenced the same as any other civil action — by filing a complaint with the court (Form 12-2) or by service of summons (Form 12-1) and complaint. C.R.C.P. 3. In compliance with C.R.C.P. 16.1, effective July 1, 2004, as an action seeking non-monetary relief, the complaint must be filed with the mandatory cover sheet (see Form 12-2). See Holmes, "Back to the Future — New Rule 16.1: Simplified Procedure for Civil Cases Up to $100,000," 33 Colo. Law. 11 (May 2004). As a proceeding in equity seeking no monetary damages, the simplified procedures of Rule 16.1 apply to a quiet title, declaratory judgment, or injunction action.

Effective September 1, 2018, a revised Rule 16.1 went into effect. One of the significant changes was to replace the unilateral ability to opt out of Rule 16.1 with the requirement that a party file a motion to opt out showing "good cause." Good cause includes stating that the amount at issue is $100,000 or more or that the case should not be governed by Rule 16.1 because of "the complexity of the case, the importance of the issues at stake, the parties' relative access to relevant information, the parties' resources, the importance of discovery in resolving the issues, and whether the burden or expense of proposed discovery outweighs its likely benefit." Thus, it appears that more quiet title cases may be proceeding under Rule 16.1. The new version of Rule 16.1 allows for some limited discovery, including depositions, requests for production of documents and inspection of land, as well as other changes from the previous version of the rule. Before filing a quiet title complaint after September 1, 2018, the attorney should carefully review the latest version of this rule.

In the complaint, separate allegations should be made to (1) assert the plaintiff's title and possession, (2) state that unknown persons may claim an interest derived through named defendants (see § 12.4.2), and (3) acknowledge that defendants may claim an interest but without foundation or right or that is junior to that of the plaintiff.

In 2016, the Colorado Supreme Court tightened the rules for pleading. In Warne v. Hall, 2016 CO 50, the court held that the allegations in a complaint must be enough to raise a right to relief above the speculative level and demonstrate plausible grounds for relief.

The importance of accuracy in naming the parties defendant and preparing the legal description in the complaint cannot be...