CO · rules
C.R.C.P. 316.5 (County Court)
Pretrial Procedure — Forcible Entry and Detainer Cases — Requests for Documents and Conference
(a) Requests for Documents.
(1) Either party may request all documents in the other party’s possession relevant to
the current action. To make this request, a party must complete, file, and send Form JDF
185 SC (Request for Documents in Eviction Cases) to the opposing party.
(2) Any party failing to comply with a court order requiring such party to provide
documentation relevant to the current action shall be subject to imposition of appropriate
sanctions.
(b) Trial Scheduling and Pretrial Conferences. Except as provided by statute, if the
defendant files an answer, the court shall schedule a trial no sooner than seven days, but
not more than ten days, after the answer is filed, unless (1) the defendant requests a waiver
of this requirement in the defendant’s answer or after filing the answer, (2) the court sets
the trial date beyond ten days if either party demonstrates good cause for an extension or
if the court otherwise finds justification for the extension. Prior to trial, the court may in its
discretion and upon reasonable notice order a pretrial conference. Conferences by telephone or videoconference are encouraged. Following a pretrial conference, the court may
issue an order which may include limitations on the issues to be raised and the witnesses
and exhibits to be allowed at trial, entry of judgment, or dismissal, if appropriate. Failure
to appear at a pretrial conference may result in appropriate sanctions, including an award
of attorney’s fees and expenses incurred by the appearing party. Courts may encourage the
parties to engage in mediation.
(c) Pretrial Discovery. Any party may request that discovery be permitted to assist in
the preparation for trial. The request shall be made only during the pretrial conference. The
discovery may include depositions, requests for admission, interrogatories, physical or
mental examinations, or requests for production or inspection. If the court enters a
discovery order, it shall set forth the extent and terms of the discovery as well as the time
for compliance. If the court fails to specify any term, then the provisions of C.R.C.P. 30,
32, 33, 34, 35, and 36 shall be followed as to the missing term.
(d) Resolution of Disputes. All issues regarding discovery shall be resolved on or
before the day of trial and shall not cause any undue delay in the proceedings. No party
shall be entitled to seek protective orders following the conference. Unless otherwise
ordered by the court, a dispute over compliance with the discovery order shall be resolved
at the time of trial, and the court may impose appropriate sanctions, including attorney’s
fees and costs, against the non-complying party.
(e) Juror Notebooks. The court may order the use of juror notebooks. If notebooks
are to be used, counsel for each party shall confer about items to be included in juror
notebooks and at the pretrial conference or other date set by the court make a joint
submission to the court of items to be included in the juror notebook.
History
Source: Added and effective October 13, 2021 (Rule Change 2021(21)).
Provenance
- Source
- content.leg.colorado.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
a9056f280b831fadb7250379532dff6fa3e72d95556077632bb7cdd1835946b4
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