A Bill for an Act
Page 1, Line 101Concerning matters related to tenant proceedings, and, in
Page 1, Line 102connection therewith, affording the right to a jury
Page 1, Line 103trial in an action for unlawful detention of real
Page 1, Line 104property, personal service requirements, requirements
Page 1, Line 105for setting the trial date, permitting remote
Page 1, Line 106appearances at a jury trial, requiring security in cases
Page 1, Line 107of trial continuances, and prohibiting waiving the
Page 1, Line 108right to a jury trial.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill affords a plaintiff and defendant the right to trial by jury in any action brought for unlawful detention of real property.
The bill requires at least one attempt on 3 separate days of personal service on the defendant in an action for unlawful detention of real property. The bill requires an affidavit of service to be filed with the court.
The bill requires a defendant who demands a trial by jury to make the demand in accordance with the Colorado rules of civil procedure or file a separate jury demand with the defendant's answer. The bill requires the court to set the date for trial no sooner than 10 days after the answer is filed. The bill authorizes the court to continue the trial if a party demands a trial by jury.
The bill authorizes the court to allow either party, counsel for either party, and any witness to appear remotely by phone or video at a jury trial as an accommodation for a person with a disability or upon adequate assurances that the remote participation will not cause unreasonable delay.
If either party requests a delay in a trial longer than 14 days, the bill authorizes the court, in the court's discretion upon a showing of a party's substantial likelihood of suffering serious economic harm, to require either party to give bond or other security to the opposite party for the sum that the party may be harmed due to the delay. The party required to make payment to the court must be given at least 7 days after the court's order to make the payment. If the party fails to make payment within the time required, the bill authorizes the court to extend the time for compliance or reset the hearing or trial for the next available date, but the court is prohibited from entering a default against the party. Upon a showing of indigency by the party required to make payment, the bill requires the court to waive or reduce the bond or other security, provide additional time to make payment, and permit the party to make multiple partial payments.
Current law prohibits a written rental agreement from including a waiver of the right to a jury trial, except when the parties agree to a waiver of a jury in a hearing to determine possession of a dwelling unit. The bill removes this exemption.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 13-40-110, amend (1)(a) introductory portion; and add (1.5) as follows:
Page 2, Line 313-40-110. Action - how commenced - report. (1) (a) An action
Page 3, Line 1pursuant to this article 40 is commenced by filing with the court a
Page 3, Line 2complaint in writing using the standard form of eviction complaint and
Page 3, Line 3affidavit for a residential tenancy that is available online through the
Page 3, Line 4judicial department's website to describe the property with reasonable
Page 3, Line 5certainty; the street address and the zip code, listed separately; the
Page 3, Line 6grounds for recovery; the name of the person in possession or occupancy;
Page 3, Line 7a prayer for recovery of possession; whether a trial by jury or by the court is demanded; and a signed affidavit that states:
Page 3, Line 8(1.5) A plaintiff in any action brought pursuant to this article 40 has a right to trial by jury to decide all issues of fact.
Page 3, Line 9SECTION 2. In Colorado Revised Statutes, amend 13-40-112 as follows:
Page 3, Line 1013-40-112. Service - definitions. (1)
SuchPage 3, Line 11served by personal service as in any civil action. A copy of the complaint
Page 3, Line 12and all other documents required by law must be served with the summons.
Page 3, Line 13(2) If personal service cannot be
hadPage 3, Line 14a person qualified under the Colorado rules of civil procedure to serve
Page 3, Line 15process, after having made diligent effort to make
suchPage 3, Line 16service
suchPage 3, Line 17may make service by posting a copy of the summons,
andPage 3, Line 18and all other documents required by law in some conspicuous
Page 3, Line 19place upon the premises. In addition,
thereto,Page 3, Line 20later than the next business day following the day on which
he or shePage 3, Line 21plaintiff files the complaint, a copy of the summons, or, in the event that
Page 3, Line 22an alias summons is issued, a copy of the alias summons,
andPage 3, Line 23the complaint, and all other documents required by law to
thePage 4, Line 1(3) (a) Personal service or service by posting
shallPage 4, Line 2at least seven days before the day for appearance specified in
suchPage 4, Line 3summons, and
the time and manner of such service shall be endorsedPage 4, Line 4
upon such summons by the person making service thereofPage 4, Line 5of service must be filed with the court and include the following:
Page 4, Line 6(I) The date, time, and manner of service;
Page 4, Line 7(II) The person's signature who served process and who is
Page 4, Line 8qualified under the Colorado rules of civil procedure to serve process; and
Page 4, Line 9(III) If service is made by posting a copy of the summons
Page 4, Line 10pursuant to subsection (2) of this section, the date, time, and
Page 4, Line 11address or description of the location of each attempt at
Page 4, Line 12personal service, a detailed description of the efforts used to
Page 4, Line 13accomplish the personal service, and a date- and time-stamped
Page 4, Line 14photograph of the served documents posted in some conspicuous place upon the premises.
Page 4, Line 15(b) If service is made by posting a copy of the summons
Page 4, Line 16pursuant to subsection (2) of this section, a copy of the affidavit
Page 4, Line 17of service described in subsection (3)(a) of this section must be
Page 4, Line 18mailed to each defendant at the premises by postage prepaid,
Page 4, Line 19first-class mail no later than two business days after service by posting is made.
Page 4, Line 20(4)
For purposes ofPage 4, Line 21(a) "Business days" means any calendar day excluding Saturdays, Sundays, and legal holidays.
Page 5, Line 1(b) "Diligent effort to make the personal service" means
Page 5, Line 2using reasonable effort, under all circumstances that the
Page 5, Line 3plaintiff has actual or constructive notice of, to provide personal service to each defendant.
Page 5, Line 4SECTION 3. In Colorado Revised Statutes, 13-40-113, amend (4)(a); and add (1.5) and (4)(d) as follows:
Page 5, Line 513-40-113. Answer of defendant - additional and amended
Page 5, Line 6pleadings. (1.5) A defendant in any action brought pursuant to
Page 5, Line 7this article 40 has a right to trial by jury to decide all issues of
Page 5, Line 8fact. A defendant who demands a trial by jury shall make the
Page 5, Line 9demand in accordance with the Colorado rules of civil
Page 5, Line 10procedure or file a separate jury demand with the defendant's answer.
Page 5, Line 11(4) After an answer is provided to the court pursuant to this section:
Page 5, Line 12(a) The court shall set a date for trial no sooner than
seven, but notPage 5, Line 13
more thanPage 5, Line 14a waiver of this requirement in the defendant's answer or after filing an
Page 5, Line 15answer.
except thatextend beyond ten daysPage 5, Line 16trial if either party demonstrates good cause for
an extensionPage 5, Line 17continuation, if the court otherwise finds justification for the
extension,Page 5, Line 18
orPage 5, Line 1913-40-113.5 was disconnected and unable to reestablish connection,
ThePage 5, Line 20
requirement set forth in this subsection (4)(a) does not apply to a forciblePage 5, Line 21
entry and detainer petition that alleges a substantial violation, as definedPage 5, Line 22
in section 13-40-107.5 (3), or terminates a tenancy pursuant to section 38-12-203 (1)(f)Page 6, Line 1(d) The court may, upon its own motion or the motion of
Page 6, Line 2either party, strike a jury demand and set the action for a trial
Page 6, Line 3by the court if the court determines that the defendant's
Page 6, Line 4answer only asserts equitable defenses and there is no dispute
Page 6, Line 5as to any material fact regarding the plaintiff's claim for
Page 6, Line 6possession of the premises or damages. If the court strikes the
Page 6, Line 7jury demand and sets the action for a trial by the court
Page 6, Line 8pursuant to this subsection (4)(d), the plaintiff has the burden of
Page 6, Line 9proving the claim by a preponderance of the evidence and the
Page 6, Line 10court shall make all findings of fact and conclusions of law on the record.
Page 6, Line 11SECTION 4. In Colorado Revised Statutes, 13-40-113.5, amend (1)(a) as follows:
Page 6, Line 1213-40-113.5. Residential actions in county court - remote
Page 6, Line 13participation - electronic filing - procedures for technology failure -
Page 6, Line 14auxiliary services providers. (1) For a residential action filed in county court pursuant to this article 40:
Page 6, Line 15(a) (I) The court shall allow either party, counsel for either
Page 6, Line 16party, and any witness to choose to appear in person or remotely by
Page 6, Line 17phone or video on a platform designated by the court at any return,
Page 6, Line 18conference, hearing, bench trial, or other court proceeding without a
Page 6, Line 19jury. Either party and any witness may elect to change how the party or
Page 6, Line 20witness intends to participate by contacting the court; except that, if a
Page 6, Line 21party or witness contacts the court within forty-eight hours of the
Page 6, Line 22scheduled appearance, the court has discretion whether to approve the
Page 6, Line 23party or witness's requested change in participation.
Page 7, Line 1(II) The court may allow either party, counsel for either
Page 7, Line 2party, and any witness to choose to appear remotely by video
Page 7, Line 3on a platform designated by the court at any trial or hearing
Page 7, Line 4with a jury as an accommodation for a person with a disability,
Page 7, Line 5or upon adequate assurances by the party requesting to appear
Page 7, Line 6remotely that the remote participation will not cause unreasonable delay.
Page 7, Line 7SECTION 5. In Colorado Revised Statutes, amend 13-40-114 as follows:
Page 7, Line 813-40-114. Delay in trial - bond or other security -
Page 7, Line 9nonpayment. (1) If either party requests a delay in trial longer than
fivePage 7, Line 10fourteen days, the court in its discretion may, upon
good cause shownPage 7, Line 11a showing of a party's substantial likelihood of suffering
Page 7, Line 12serious economic harm, require either of the parties to give bond or
Page 7, Line 13other security approved and fixed by the court in an amount
for thePage 7, Line 14
paymentof suchas hedamagedPage 7, Line 15(2) (a) A party required to give bond or other security
Page 7, Line 16pursuant to subsection (1) of this section must be given at least
Page 7, Line 17seven days after the court's order to make payment to the
Page 7, Line 18court. The court shall calculate the bond or other security at
Page 7, Line 19a reasonable amount to secure the opposite party against the
Page 7, Line 20serious economic harm due to the delay and to ensure the party
Page 7, Line 21ordered to pay has the means necessary and a fair opportunity to comply with the order.
Page 7, Line 22(b) If the party ordered to give bond or other security
Page 7, Line 23fails to make payment to the court within the time required
Page 8, Line 1pursuant to this subsection (2), the court may either extend the
Page 8, Line 2time for compliance upon showing of good cause or, in the
Page 8, Line 3absence of good cause, reset the hearing or trial for the next
Page 8, Line 4available date, but the court shall not enter a default against the party.
Page 8, Line 5(3) Upon a showing of indigency by the party required to
Page 8, Line 6make payment to the court, the court shall waive or reduce the
Page 8, Line 7bond or other security, provide additional time to make payment, or permit the party to make multiple partial payments.
Page 8, Line 8(4) In an action brought pursuant to section 13-40-104
Page 8, Line 9(1)(d) for nonpayment of rent, the bond or other security must
Page 8, Line 10not exceed one monthly rental payment pursuant to the rental agreement.
Page 8, Line 11SECTION 6. In Colorado Revised Statutes, 13-40-115, amend (1) and (2) as follows:
Page 8, Line 1213-40-115. Judgment - writ of restitution - cure period.
Page 8, Line 13(1) Upon
the trialPage 8, Line 14
under this articlePage 8, Line 15had only by posting in accordance with section 13-40-112 (2) and if the
Page 8, Line 16jury or court finds that the defendant has committed an unlawful
Page 8, Line 17detainer, the court shall enter judgment for the plaintiff to have restitution
Page 8, Line 18of the premises and shall issue a writ of restitution. The court may also
Page 8, Line 19continue the case for further hearing from time to time and may issue
Page 8, Line 20alias and pluries summonses until personal service upon the defendant is
hadPage 8, Line 21(2) Upon a trial or further hearing pursuant to this article 40 after
Page 8, Line 22personal service has been made upon the defendant in accordance with
Page 9, Line 1section 13-40-112 (1), if the court or jury has not already tried the issue
Page 9, Line 2of unlawful detainer, it may do so. If the court or jury finds that the
Page 9, Line 3defendant has committed an unlawful detainer, the court shall enter
Page 9, Line 4judgment for the plaintiff to have restitution of the premises and shall
Page 9, Line 5issue a writ of restitution. In addition to the judgment for restitution, the
Page 9, Line 6court or jury shall further find the amount of rent, if any, due to the
Page 9, Line 7plaintiff from the defendant at the time of trial; the amount of damages,
Page 9, Line 8if any, sustained by the plaintiff to the time of the trial on account of the
Page 9, Line 9unlawful detention of the property by the defendant; and damages
Page 9, Line 10sustained by the plaintiff to the time of trial on account of injuries to the
Page 9, Line 11property. The court shall enter judgment for such amounts, together with
Page 9, Line 12any reasonable attorney fees and costs as in other civil actions. This
Page 9, Line 13section does not permit the entry of judgment in excess of the court's jurisdictional limit.
Page 9, Line 14SECTION 7. In Colorado Revised Statutes, 38-12-801, amend (3)(a)(III)(A) as follows:
Page 9, Line 1538-12-801. Written rental agreement - prohibited clauses -
Page 9, Line 16copy - tenant - applicability - definitions. (3) (a) A written rental agreement must not include:
Page 9, Line 17(III) A waiver of:
Page 9, Line 18(A) The right to a jury trial;
except that the parties may agree toPage 9, Line 19
a waiver of a jury trial in a hearing to determine possession of a dwelling unit;Page 9, Line 20SECTION 8. Safety clause. The general assembly finds,
Page 9, Line 21determines, and declares that this act is necessary for the immediate
Page 9, Line 22preservation of the public peace, health, or safety or for appropriations for
Page 10, Line 1the support and maintenance of the departments of the state and state institutions.