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Civil procedure

summons and complaint

The defendant in a lawsuit must be served (delivered) a summons or citation (an order from the court to appear and answer the lawsuit) and a copy of the lawsuit (the complaint) (1) to provide due process (fairness) by giving the defendant notice of the lawsuit and the opportunity to appear in court and defend the lawsuit; and (2) to give the court personal jurisdiction (authority) over the defendant.

In Colorado, as in all states, the due process requirement mandates that a defendant in a lawsuit must be properly served with a summons or citation and a copy of the complaint initiating the lawsuit. This service of process is crucial as it provides the defendant with official notice of the legal action against them and the opportunity to appear in court to defend themselves. Additionally, proper service establishes the court's personal jurisdiction over the defendant, which is the court's authority to make legal decisions affecting the defendant's rights. Colorado Rules of Civil Procedure outline the specific methods by which service can be made, such as personal service, service by mail, or service by publication when the defendant cannot be located. Failure to serve a defendant according to these rules can result in the dismissal of the lawsuit or the reversal of a default judgment if one is entered improperly.

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Civil procedure

summons and complaint

Individual & Family Legal Plan

Articles

Colorado State Code

Colorado State Code

Civil procedure

summons and complaint

Articles