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A summons is a form prepared by the plaintiff and issued by a court that informs the defendant that they are being sued or are required to appear in court. It may be served by a sheriff or other authorized person, such as the process server.
How summons are served in civil cases?
Every summon shall be served by a police officer, or by an officer of the court issuing, it or any other public servant. The summon shall, if practical, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.
What happens when summons are issued?
A summons is the first process for a legal claim where a Plaintiff has instituted an action against a Defendant. Once the summons is served via Sheriff, you will have 10 days to respond with a Notice of Intention to Defend or attempt to negotiate a settlement with the Plaintiff.
Does a summons have to be served in person in Colorado?
In Colorado, service of the summons and complaint (lawsuit) may be made by personal service, substituted service or, in certain circumstances, by mail or publication in a newspaper. Service by mail or publication generally needs to be approved by a court before it is permitted, and is not available in every case.
What is a summons in Colorado?
What Is a Colorado Court Summons? A summons is simply a legal document that officially notifies you that you are required to make an appearance in court. It also lets you know that you are either being sued in civil court or that you need to defend yourself in criminal court.
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Does a summons have to be served in person in Colorado?
In Colorado, service of the summons and complaint (lawsuit) may be made by personal service, substituted service or, in certain circumstances, by mail or publication in a newspaper. Service by mail or publication generally needs to be approved by a court before it is permitted, and is not available in every case.
What happens at a summons hearing?
At this hearing the judge listens to testimony from witnesses and determines whether the evidence presented is sufficient to send the case to the Superior Court. Again, it is necessary for all summoned (subpoenaed) witnesses to appear at the Probable Cause Hearing .
How long do you have to serve papers in Colorado?
Within ten days after delivery of a subpoena for a person to serve on the designated attorney in the subpoena, a written objection to the examination or copying of any or all identified papers should be provided if such period is less than ten days after Colorado Process Service.
Can you be served by mail in Colorado?
*You may ask the person who needs to receive the documents if they would be willing to accept the documents by mail without the need to have them personally delivered. If the person is willing to agree to this, you can mail the documents to them along with a Waiver and Acceptance of Service form.
What happens if a summons is not served Colorado?
If a defendant is not served within 63 days (nine weeks) after the complaint is filed, the court-on motion or on its own after notice to the plaintiff-shall dismiss the action without prejudice against that defendant or order that service be made within a specified time.
Related links
Forms | US District Court of Colorado
Forms and Instructions (PDF)* indicates a fillable PDF form Notice of Lawsuit and Request to Waive Service of a Summons (AO 398); (US Courts).
The software is currently being maintained and developed by Nicholas Summons and Craig Arthur. The software was reviewed and tested by Shane Martin and
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