Chapter 2 - § 2.3 PROCEDURES IN COUNTY COURT

• Jurisdiction: Colorado

§ 2.3 Procedures in County Court

§ 2.3.1 Summons

In county court actions, a summons can either be issued by an attorney or by the court clerk when the complaint is filed.¹⁶⁴ In the case of a summons for injunctive relief for breach of restrictive covenants, the summons can either be signed by the plaintiff's attorney or the county court judge. The mandatory forms of summons for different types of county court actions are set out in the Appendix to Chapter 25 of the Colorado Court Rules, and also at the end of this chapter as Form 2-14 to Form 2-17. The different types of summons for county court include a general summons, a summons in forcible entry and unlawful detainer actions, a summons for injunctive relief for breach of restrictive covenants, and a summons by publication. County court summons forms include notice of the date and place of when and where the defendant is to file its answer or other response. The forms also state that if the defendant fails to appear and answer, the court may enter a default judgment against the defendant. For instructions for filing a county court case, see Form 2-18: County Court Instruction Sheet (JDF Form 110).

§ 2.3.2 The Complaint

A "simplified civil action" is the only form of action available in county court.¹⁶⁵ The complaint is composed of "a statement of claim setting forth briefly the facts and circumstances giving rise to the action."¹⁶⁶ The complaint must be prepared in the format set out in Form 2 of the County Court Forms, which are found in the Appendix to Chapter 25 of the Colorado Court Rules.¹⁶⁷ The form asks for the minimum of essential information and is easy to complete. As in actions in district court, a county court action can be commenced either upon the filing of the complaint, or the service of a summons and a complaint, which is filed within 10 days of service.¹⁶⁸ In county court actions, a blank answer form must be served along with the summons and complaint.¹⁶⁹

In county court, the pleading may either set forth a statement that the case is within the jurisdictional limits for that court, or it may state the specific amount of the claim.¹⁷⁰ For example, a complaint may aver that "the amount (or value of the property) involved herein does not exceed ___ dollars." Also, if the complaint concerns a promissory note or a specific sum of money owed, it is permissible to set out the amount owing in the complaint. For example, "Defendant owes plaintiff ___ dollars according to the account annexed...