Rule 7 PLEADINGS ALLOWED: FORM OF MOTIONS.

• Jurisdiction: Colorado

Rule 7. Pleadings Allowed: Form of Motions.

(a) Pleadings. There shall be a complaint and answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned under the provisions of Rule 14; a third-party answer, if a third-party complaint is served; and there may be a reply to an affirmative defense. No other pleading shall be allowed, except upon order of court.

(b) Motions and Other Papers.

(1) An application to the court for an order shall be made by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.

(2) These rules applicable to captions, signing and other matters of form of pleadings apply to all motions and other papers provided for by these rules.

(c) Demurrers, Pleas, etc., Abolished. Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used.

(d) Agreed Case, Procedure. Parties to a dispute which might be the subject of a civil action may, without pleadings, file, in the court which would have had jurisdiction if an action had been brought, an agreed statement of facts. The same shall be supported by an affidavit that the controversy is real and that it is filed in good faith to determine the rights of the parties. The matters shall then be deemed an action at issue and all proceedings thereafter shall be as provided by these rules.

Cross references: For counterclaims and cross claims, see C.R.C.P. 13; for third-party practice, see C.R.C.P. 14.

ANNOTATION

I. General Consideration.

II. Pleadings.

III. Motions and Other Papers.

IV. Demurrers, Pleas, etc. Abolished.

V. Agreed Case.

I. GENERAL CONSIDERATION.

Law reviews. For comments on nomenclature by rules committee, see 22 Dicta 154 (1945). For article, "Pleadings, Rules 7 to 25", see 28 Dicta 368 (1951). For article, "Pleadings and Motions: Rules 7-16", see 23 Rocky Mt. L. Rev. 542 (1951). For note, "Comments on Last Clear Chance—Procedure and Substance", see 32 Dicta 275 (1955). For article, "One Year Review of Civil Procedure", see 34 Dicta 69 (1957).

Applied in Davison v. Bd. of County Comm'rs, 41 Colo. App. 344, 585 P.2d 315 (1978); People ex rel. Losavio v. Gentry, 199 Colo. 212, 606 P.2d 57 (1980); In re Deines, 44 Colo. App. 98, 608 P.2d 375 (1980); In re Stroud, 631 P.2d 168 (Colo. 1981).

II. PLEADINGS.

Law reviews. For article, "Comments on the Rules of Civil Procedure", see 22 Dicta 154 (1945). For standard pleading samples to be used in quiet title litigation, see 50 Dicta 39 (1953).

Strictly speaking, one no longer proceeds by complaint, but rather by claim for relief. Jacobson v. Doan, 136 Colo. 496, 319 P.2d 975 (1957).

Where no reply is ordered and defendants desire to rely on an affirmative defense, they must set forth the affirmative defense in the answer. Trustee Co. v. Bresnahan, 119 Colo...