A civil lawsuit follows a structured process. If you file a lawsuit or defend against one, knowing the steps can help you prepare. In Colorado, the legal process follows specific rules that guide each stage.
Filing the complaint
A lawsuit begins when the plaintiff files a complaint with the court. This document outlines the claims and the relief sought. The plaintiff must serve the complaint and a summons to the defendant, notifying them of the lawsuit. Colorado law requires service within 63 days of filing the complaint.
Defendant’s response
The defendant must file an answer within 21 days of being served. They can admit or deny allegations and present defenses. If the defendant fails to respond, the court may enter a default judgment against them. The defendant may also file a motion to dismiss if they believe the lawsuit lacks legal grounds.
Discovery process
Both sides gather evidence through discovery. This stage includes depositions, interrogatories, and requests for documents. In Colorado, discovery rules set limits on the number of interrogatories and depositions allowed. Parties must exchange relevant information and comply with court deadlines.
Pre-trial motions and hearings
Either party may file motions before trial. These can request summary judgment, which asks the court to rule without a trial if no factual disputes exist. Judges may also hold hearings to resolve procedural issues. Settlement discussions often happen during this stage.
Trial and judgment
If no settlement occurs, the case proceeds to trial. A judge or jury hears evidence and arguments before deciding the case. The court then issues a judgment based on the presented facts and legal arguments. In Colorado, parties can request a jury trial for most civil cases.
Appeals process
If a party disagrees with the outcome, they may appeal. The appellate court reviews legal errors but does not re-examine evidence. Colorado law sets strict deadlines for filing appeals, usually within 49 days of the final judgment.
