Chapter 15 - § 15.1 • GENERAL PLEADINGS

• Jurisdiction: Colorado

§ 15.1 • GENERAL PLEADINGS

Colorado

➢ Complaint; Generally. A complaint must set forth the grounds upon which the court's jurisdiction depends, the claim showing that the pleader is entitled to relief, and a demand for judgment for the relief to which the pleader claims to be entitled. All of these must be made by a short and plain statement. C.R.C.P. 8. Factual allegations in a complaint must be enough to raise a right to relief above the speculative level and provide plausible grounds for relief. Warne v. Hall, 2016 CO 50, ¶ 8.

➢ Complaint; Legal Existence and Capacity of Parties. A party desiring to raise the legal existence or capacity of another party must do so by specific negative averment, including supporting facts within the pleader's knowledge. C.R.C.P. 9(a)(1).

➢ Complaint; Unknown Parties. When the pleader cannot identify a party by name, the pleader must allege matters in the pleader's knowledge to identify the unknown party, the nature of the party's interest, and the party's connection with the claim. C.R.C.P. 9(a)(2) and (3).
➢ Complaint; Fraud, Mistake, and Special Damages. Allegations of fraud or mistake must be stated with particularity in the complaint. C.R.C.P. 9(b). When items of special damages are claimed, they must be specifically stated. C.R.C.P. 9(g).

➢ Complaint; Amendment. A party may amend his or her pleadings once before a responsive pleading is filed. If the pleading is one to which no responsive pleading is permitted and the action has not been placed on the trial calendar, the pleading may be amended within 21 days after it is filed. Otherwise, a party may only amend by written consent of the adverse party or leave of court. Permission to amend a complaint is freely given when justice so requires. C.R.C.P. 15(a). Issues not pleaded may be tried by express or implied consent, and the pleadings may be amended accordingly. C.R.C.P. 15(b). However, leave to amend a complaint lies within the discretion of the court and will be denied if the amendment would be prejudicial to the opposing party. Gaubatz v. Marquette Minerals, Inc., 688 P.2d 1128, 1129 (Colo. App. 1984); Francis v. Aspen Mountain Condo. Ass'n, Inc., 2017 COA 19.

Practice Pointer
A motion to dismiss under C.R.C.P. 12(b) is not a "responsive pleading" under C.R.C.P. 15(a). A complaint may be amended once without leave of court even after a motion has been made to dismiss the original complaint. See Szaloczi v. John R. Behrmann Revocable Trust, 90 P.3d 835, 844

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