CO · rules

C.R.C.P. 309 (County Court)

Pleading Special Matters

activein force · 2023-12-01 – presentact-effective-date

(a) Capacity. It is not necessary to aver the capacity of a party to sue or be sued or the

authority of a party to sue or be sued in a representative capacity or the legal existence of

an organized association of persons that is a party. The issue as to the legal existence of

any party or the capacity of any party to sue or be sued or the authority of a party to sue

or be sued in a representative capacity shall be raised by a short, concise, negative

statement with supporting particulars in the answer.

(b) Fraud, Mistake, Condition of the Mind. All claims of fraud or mistake and the

facts constituting such shall be concisely stated.

sufficient to aver that the document was issued or the act done in compliance with law.

(d) Judgment. In pleading a judgment or decision of a court, judicial or quasi-judicial

tribunal, or of a board or officer within the United States or within a territory or insular

possession subject to the dominion of the United States, it is sufficient to aver the judgment

or decision without setting forth matter showing jurisdiction to render it. A denial of

jurisdiction shall be made specifically and with particularity and when so made the party

pleading the judgment or decision shall establish on the trial all controverted jurisdictional

facts.

(e) Time and Place. For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of

material matter.

(f) Special Damages. When items of special damage are claimed, they shall be

specifically stated.

(g) Pleading Statute. In pleading a statute of Colorado or of the United States, the

same need not be set forth at length, but it shall be sufficient to refer to such statute by the

appropriate designation in the official or recognized compilation thereof, or otherwise

identify the same, and the court shall thereupon take judicial notice thereof.

Provenance

Source: content.leg.colorado.gov
Retrieved: 2026-09-15
Edition: 2026-09-15
Content hash: bf75c7579838ee80ad6f55aa1aa8585cad022460dd67f0378172c85fdd903ab1

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