House Bill 25-1235 Introduced

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.

• 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)  Such A summons may be

• Page 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 had made upon the defendant by

• Page 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 such the personal

• Page 3, Line 16service such at least one time on three separate days,the person

• Page 3, Line 17may make service by posting a copy of the summons, and the complaint,

• Page 3, Line 18and all other documents required by law in some conspicuous

• Page 3, Line 19place upon the premises. In addition, thereto, the plaintiff shall mail, no

• Page 3, Line 20later than the next business day following the day on which he or she the

• Page 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, and a copy of

• Page 3, Line 23the complaint, and all other documents required by law to the each defendant at the premises by postage prepaid, first-class mail.

• Page 4, Line 1(3) (a)  Personal service or service by posting shall must be made

• Page 4, Line 2at least seven days before the day for appearance specified in such the

• Page 4, Line 3summons, and the time and manner of such service shall be endorsed

• Page 4, Line 4upon such summons by the person making service thereof an affidavit

• Page 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 of As used in this section, unless the context otherwise requires:

• Page 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) 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 not

• Page 5, Line 13more than ten days after the answer is filed, unless the defendant requests

• Page 5, Line 14a waiver of this requirement in the defendant's answer or after filing an

• Page 5, Line 15answer. except that A court may extend beyond ten days continue the

• Page 5, Line 16trial if either party demonstrates good cause for an extension a

• Page 5, Line 17continuation, if the court otherwise finds justification for the extension,

• Page 5, Line 18or continuation, if a party participating remotely pursuant to section

• Page 5, Line 1913-40-113.5 was disconnected and unable to reestablish connection, The

• Page 5, Line 20requirement set forth in this subsection (4)(a) does not apply to a forcible

• Page 5, Line 21entry and detainer petition that alleges a substantial violation, as defined

• Page 5, Line 22in section 13-40-107.5 (3), or terminates a tenancy pursuant to section 38-12-203 (1)(f) or if a party demands a trial by jury.

• Page 6, Line 1SECTION 4.  In Colorado Revised Statutes, 13-40-113.5, amend (1)(a) as follows:

• Page 6, Line 213-40-113.5.  Residential actions in county court - remote

• Page 6, Line 3participation - electronic filing - procedures for technology failure -

• Page 6, Line 4auxiliary services providers. (1)  For a residential action filed in county court pursuant to this article 40:

• Page 6, Line 5(a) (I)  The court shall allow either party, counsel for either

• Page 6, Line 6party, and any witness to choose to appear in person or remotely by

• Page 6, Line 7phone or video on a platform designated by the court at any return,

• Page 6, Line 8conference, hearing, bench trial, or other court proceeding without a

• Page 6, Line 9jury. Either party and any witness may elect to change how the party or

• Page 6, Line 10witness intends to participate by contacting the court; except that, if a

• Page 6, Line 11party or witness contacts the court within forty-eight hours of the

• Page 6, Line 12scheduled appearance, the court has discretion whether to approve the party or witness's requested change in participation.

• Page 6, Line 13(II)  The court may allow either party, counsel for either

• Page 6, Line 14party, and any witness to choose to appear remotely by phone or

• Page 6, Line 15video on a platform designated by the court at any trial or

• Page 6, Line 16hearing with a jury as an accommodation for a person with a

• Page 6, Line 17disability, or upon adequate assurances by the party requesting

• Page 6, Line 18to appear remotely that the remote participation will not cause unreasonable delay.

• Page 6, Line 19SECTION 5.  In Colorado Revised Statutes, amend 13-40-114 as follows:

• Page 6, Line 2013-40-114.  Delay in trial - bond or other security -

• Page 6, Line 21nonpayment. (1)  If either party requests a delay in trial longer than five

• Page 7, Line 1fourteen days, the court in its discretion may, upon good cause shown

• Page 7, Line 2a showing of a party's substantial likelihood of suffering

• Page 7, Line 3serious economic harm, require either of the parties to give bond or

• Page 7, Line 4other security approved and fixed by the court in an amount for the

• Page 7, Line 5payment to the opposite party of such for the sum as he that the party may be damaged harmed due to the delay.

• Page 7, Line 6(2) (a)  A party required to give bond or other security

• Page 7, Line 7pursuant to subsection (1) of this section must be given at least

• Page 7, Line 8seven days after the court's order to make payment to the

• Page 7, Line 9court. The court shall calculate the bond or other security at

• Page 7, Line 10a reasonable amount to secure the opposite party against the

• Page 7, Line 11serious economic harm due to the delay and to ensure the party

• Page 7, Line 12ordered to pay has the means necessary and a fair opportunity to comply with the order.

• Page 7, Line 13(b)  If the party ordered to give bond or other security

• Page 7, Line 14fails to make payment to the court within the time required

• Page 7, Line 15pursuant to this subsection (2), the court may either extend the

• Page 7, Line 16time for compliance upon showing of good cause or, in the

• Page 7, Line 17absence of good cause, reset the hearing or trial for the next

• Page 7, Line 18available date, but the court shall not enter a default against the party.

• Page 7, Line 19(3)  Upon a showing of indigency by the party required to

• Page 7, Line 20make payment to the court, the court shall waive or reduce the

• Page 7, Line 21bond or other security, provide additional time to make payment, or permit the party to make multiple partial payments.

• Page 7, Line 22(4)  In an action brought pursuant to section 13-40-104

• Page 7, Line 23(1)(d) for nonpayment of rent, the bond or other security must

• Page 8, Line 1not exceed one monthly rental payment pursuant to the rental agreement.

• Page 8, Line 2SECTION 6.  In Colorado Revised Statutes, 13-40-115, amend (1) and (2) as follows:

• Page 8, Line 313-40-115.  Judgment - writ of restitution - cure period.

• Page 8, Line 4(1)  Upon the trial a trial by jury or trial by the court of any action

• Page 8, Line 5under this article brought pursuant to this article 40, if service was

• Page 8, Line 6had only by posting in accordance with section 13-40-112 (2) and if the

• Page 8, Line 7jury or court finds that the defendant has committed an unlawful

• Page 8, Line 8detainer, the court shall enter judgment for the plaintiff to have restitution

• Page 8, Line 9of the premises and shall issue a writ of restitution. The court may also

• Page 8, Line 10continue the case for further hearing from time to time and may issue

• Page 8, Line 11alias and pluries summonses until personal service upon the defendant is had made.

• Page 8, Line 12(2)  Upon a trial or further hearing pursuant to this article 40 after

• Page 8, Line 13personal service has been made upon the defendant in accordance with

• Page 8, Line 14section 13-40-112 (1), if the court or jury has not already tried the issue

• Page 8, Line 15of unlawful detainer, it may do so. If the court or jury finds that the

• Page 8, Line 16defendant has committed an unlawful detainer, the court shall enter

• Page 8, Line 17judgment for the plaintiff to have restitution of the premises and shall

• Page 8, Line 18issue a writ of restitution. In addition to the judgment for restitution, the

• Page 8, Line 19court or jury shall further find the amount of rent, if any, due to the

• Page 8, Line 20plaintiff from the defendant at the time of trial; the amount of damages,

• Page 8, Line 21if any, sustained by the plaintiff to the time of the trial on account of the

• Page 8, Line 22unlawful detention of the property by the defendant; and damages

• Page 8, Line 23sustained by the plaintiff to the time of trial on account of injuries to the

• Page 8, Line 24property. The court shall enter judgment for such amounts, together with

• Page 9, Line 1any reasonable attorney fees and costs as in other civil actions. This

• Page 9, Line 2section does not permit the entry of judgment in excess of the court's jurisdictional limit.

• Page 9, Line 3SECTION 7.  In Colorado Revised Statutes, 38-12-801, amend (3)(a)(III)(A) as follows:

• Page 9, Line 438-12-801.  Written rental agreement - prohibited clauses -

• Page 9, Line 5copy - tenant - applicability - definitions. (3) (a)  A written rental agreement must not include:

• Page 9, Line 6(III)  A waiver of:

• Page 9, Line 7(A)  The right to a jury trial; except that the parties may agree to

• Page 9, Line 8a waiver of a jury trial in a hearing to determine possession of a dwelling unit;

• Page 9, Line 9SECTION 8.  Safety clause. The general assembly finds,

• Page 9, Line 10determines, and declares that this act is necessary for the immediate

• Page 9, Line 11preservation of the public peace, health, or safety or for appropriations for

• Page 9, Line 12the support and maintenance of the departments of the state and state institutions.